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01-03-08 Agenda RegCity of Delray Beach Regular Commission Meeting ~, v 1 . •k O y <` • ~. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMNiENT: 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 Thursday,January3.2008 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three miautea or leas. 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 Ciry 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. 8IGN 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 CONiNiI88ION: 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 oflcer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE 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. 1001VW let Avenue Delray Beach, Florida 33444 The City will famish auxiliary aids and services to afford an individual with a disability an opportunity to parddpate 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. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: December 11, 2007 - Regulaz Meeting December 18, 2007 -Special Meeting 6. PROCLAMATIONS: A. Calling for the First-Non-Partisan Election to be held on Mazch 11, 2008 7. PRESENTATIONS: A. "Spotlight on Neighborhoods" -Arthur Brown, Chair of Neighborhood Advisory Council 8. CONSENT AGENDA: City Manager Recommends Approval. A. AGREEMENT/LANGTON ASSOCIATES. INC./GRANT WRITING SERVICES: Consider approval of a Consulting Agreement between the City and Langton Associates in the amount of $2,500.00 pet month for grant writing services. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). B. RATIFICATION OF A SIDEWALK EASEMENT. SIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT/BLOCK 77 DEVELOPMENT GROUP: Approve and ratify a sidewalk easement, sidewallc construction and maintenance agreement allowing Block 77 Development Group to construct and maintain a sidewalk over a small portion of Ciry property located on the south side of Worthing Pazk; and the proposed sidewalk easement area starting at SE 2nd Avenue and extending approximately 140' west along the south side of Worthing Pazk. C CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON- PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the Mazch 11, 2008 First Non-Partisan Election, and represent the City at the requisite Logic and Accurary tests. 01-03-2008 -2- D. AGREEMENT/PALM BEACH COUNTY/DISASTER RECOVERY INITIATIVE (~) PROGRAM: Approve an agreement between the City and Palm Beach County for funding in the amount of $980,000.00 for the implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI) Program. E. AGREEMENT/PAi_M BEACH COUNTY/DEL_RAY BEACH ROCKS YOUTH ORGANIZATION: Approve an agreement between the Ciry and Palm Beach County Recreation Assistance Progzatn (RAP) District 7 for funding in an amount not to exceed $3,000.00 to help offset costs for the Delray Beach Rocks Youth Organization trip to the Sports Network Football Championships, which was held on November 21 - 27, 2007 in Daytona Beach, Florida. F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CURB APPEAL PROGRAM: Approve an agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for FY 2007 - 2008 for the implementation of the Curb Appeal Program within the CRA area. G. AGENCY/]35 NW 5"' AVENUE: Approve an agreement between the Ciry and Community Redevelopment Agency (CRA) for management and funding of the construction/rehabilitation of the CRA owned mixed-use building located at 135 NW 5°i Avenue. The CRA will cover the full cost of the rehabilitation work and the Ciry will be paid an administrative fee for handling the project equal to two percent (2%) of the total job cost, not to exceed $20,000.00. H. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 46'" Annual Delray Affair to be held on Mazch 28 - 30, 2008; including a temporary use permit per LDR Section 2.4.G (F) for use of City property and rights-of--way as required, to waive LDR Section 4.6.7 (E)(3)(c) to allow signage to be installed more than one (1) week prior to the event, banner hanging within the site azea, vendor permits to be assigned and approved by the Chamber of Commerce, this is the only event to be held on the above-mentioned dates is the City, to allow reserved pazking for entertainment and exhibitors as requested; contingent upon receipt of a certificate of general liability insurance, liquor liability insurance, and a hold harmless agreement. I. SPECIAL EVENT REQUEST/HOWARD ALAN il'" ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to endorse the 11'" Annual Delray Beach Winter Street Crafr Festival to be held on February 23 - 24, 2008 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section 2.4.6(F) for use of NE/SE 4°i Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's pazking lot for vendor pazking; and to authorize staff support for security and traffic control with the event sponsor paying all overtime costs, and to permit an event sign to be erected on Atlantic Avenue just east of I-95, 10 days prior to the event per Ciry Code contingent upon receipt of a hold harmless agreement 01-03-2008 -3- SPEGLAi EVENT' REQUEST/and ANNUAL LYMPHOMATHON 5R WA1~iC~ Approve a special event request to endorse the 3`a Annual Lymphomathon 5K Walk to be held on Sunday, Mazch 2, 2008 from 7:30 a.m. until appro:citnately 10:00 a.m., with set up at 5:30 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive pazking fees in the Anchor Pazk lot from 7:00 a.m. to approximately 10:00 a.m., authorize staff assistance for providing traffic control, barricading, signage, clean up and stage set up and use; contingent on the sponsor providing the required liabihty insurance. K. RENEWAL/R_A~LROAD LLA~ILITY INSURANCE POLICY• Approve a request to renew the current Railroad Liability Insurance Polity required by the City as outlined in the contract with Florida East Coast (EEC) Railroad. L. RESOLUTION NO. 01-08: Approve Resolution No. 01-OS urging members of the Florida Legislature to support munidpal issues during the 2008 Legislative Session. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2007 through December 28, 2007. N. AWARD OF BIDS AND CONTRACTS: Bid awazd to Devland Site Development, Inc., in the amount of $164,700.00 for hauling and disposal of lime sludge from the Water Treatment Plant Funding is available from 441-5122-536-34.90 (Water and Sewer Fund/Other Contractual Services). 2. Contract awazd to All-Rite Paving Contractors, Inc. in the amount of $113,500.00 for the S.W. 8d' Avenue Roadway Improvements Project. Funding is available from 334-3162-541-65.34 (General Construction Fund/SW 8'" Avenue-SW lld' Street-SW 10'x) and 448-5461-538-65.34 (Stotmwater Utility Fund/SW 8'" Avenue-SW 11`" Street-SW 10"x. 3. Contract awazd to Rosso Paving & Drainage, Inc. in the amount of $266,920.00 for the Rainberry Woods Neighborhood Improvements Project. Funding is available from 334-6130-541-63.20 (General Construction Fund/Landscaping/Beautification). 4. Purchase awazd to Insituform Technologies, Inc. in the amount of $149,429.50 for the annual Sanitary Sewer Main Rehabilitation Pxogratn piggybacking on Manatee County, Florida (REP #04-3794 FL). Funding is available from 442- 5178-536-63.51 (Water/Sewer Renewal and Replacement/Sewer Mains). 5. Lease awazd to American Honda Finance in the amount of $16,140.00 annually over a three (3) yeaz period for five (5) vehicles for the Police Department. Funding is available from 001-2115-521-44.40 (General Fund/Vehicles). 01-03-2008 -4- 9. REGULAR AGENDA: A. RF[`ONSIDERATION OF ONE CONDITION OF THE CONDITIONAL iTSE APPROVAL/EBENEZER WESLEYAN METHODIST CHURCH• Consider an amendment of a condition required within the conditional use approval for Ebenezer Wesleyan Methodist Church. (Quasi;Judicia/Hearing) B. WA_T<7ER REQUEST/L GIGALE RESTAURAN'T': Consider a request for waiver of Land Development Regulations (I.DR) Sections 4.6.7 (II)(3)(a)(2), "Flags", pursuant to the request by the agent for the La Cigale Restaurant, located at 253 SE 5'" Avenue. (Quasi Judicia/Hearin~ C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT' & MEMORANDUM OF AGREEMENT/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bazgaining Agreement and Memorandum of Agreement between the City and the Police Benevolent Association (Police Officers and Sergeants) from the date of ratification through September 30, 2008. D. PROPOSALS/VIRTUAL TOURS: Consider proposals from Sound Investments by J.W., Inc. d/b/a Pro DVD Makers and the City's Information Technology Department (IT) regazding the Virtual Tours on the City's website. E, ('RANGE ORDER NO 2/WEST CONSTRUCTION, INC: Approve a Change Order No. 2 in the amount of $30,711.85 to West Construction, Inc. for design changes and increase in length of the seawall at the Boat Ramp as a result of structural review, for the Mangrove Pazk Project Funding is available from 334-4174572-63.90 (General Construction Fund/Inttacoastal Pazk/Other Improvements). F. APPOINTMENTS TO THE BUDGET TASK FORCE: Appoint seven (7) regular members and two (2) alternate members to the Budget Task Fome for six (6) month terms. 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) and Mayor Ellis (Seat #5). G. APPOINTMENT TO THE GODS ENFORCEMENT BOA_RD• Appoint one (1) regular member to the Code Enforcement Board for a three (3) yeaz term ending July 14, 2011. Based upoa the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). H. APPOINTMENTS TO THE EDUCATION BOARD• Appoint one (1) regulaz member to the Education Boazd for an unexpired term ending July 31, 2009 and two (2) student members to serve partial terms ending July 31, 2009 and July 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), and Mayor Ellis (Seat #5). 01-03-2008 -5- I. APPOINTMENTS TO THE GREEN TASK FORCE: Appoint sevea ('7) regular members to the Green Task Force for six (6) month terms. 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) and Mayor Ellis (Seat #5). J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regulaz member to the Pazking Management Advisory Boazd for a two (2) year term ending January 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint five (5) regulaz members and one (1) student member to the Police Advisory Board for two (2) year terms ending December 13, 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) and Mayor Ellis (Seat #5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 38-07 (FIRST READINGIFIRST PUBLIC HEARINGI: City initiated amendments to the Land Development Regulations (I.DR) which intend to clarify the cuaent regulations, provide parameters, and define compatible development within the City's five (5) historic districts and individually designated properties. If passed, a second public hearing will be scheduled for January 15, 2008. B. ORDINANCE NO 55-07 (FIRST READING/FIRST PUBLIC HEARINGI• City initiated amendments to the Land Development Regulations (LDR) amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalt}~'> providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C), "Meeting and Quorum", providing fox voting, 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standazds", Subsection 4.5.1(E)(G), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. If passed, a second public hearing will be scheduled for January 15, 2008. C. ORDINANCE NO. 57-02 __ ~SEGOND READING/SECOND PUBLIC HEARINGI: City initiated amendment to Land Development Regulations (LDR) Section 4.4.24(B)(12), "Principal Uses and Structures", which specifies the accessory uses and structures permitted in the Old School Squaze Historic Arts District (OSSHAD), to add all of the accessory uses that aze also currently permitted in the Central Business District (CBD). 01-03-2008 -6- 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. 03-08: Privately initiated amendment to the Land Development Regulations (LDR) Article 4.7 "Family/Workforce Housing", to expand the Carver Estates Overlay District. If passed, a public hearing will be scheduled for January 15, 2008. B. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. If passed, a public hearing will be scheduled for January 15, 2008. C. ORDINANCE NO. 01-08: City initiated amendment to the Land Development Regulations (L.DR) Section 2.4.3 "Submission Requirements" to specify the required scales to which various components of development plans must be prepazed If passed, a public hearing will be scheduled for January 15, 2008. D. ORDINANCE NO. 04-08: City initiated amendment to the Land Development Regulations (i.DR) to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district aze permitted only within the I-95/CSX Railroad Corridor Overlay District. If passed, a public hearing will be scheduled for January 15, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. Ciry Manager B. City Attorney C. City Commission POSTED: DECEMBER 28, 2007 of-o~-zoos 7- DECEMBER 11, 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 6:02 p.m., Tuesday, December l 1, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attomey Terrill Pybum, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy McCarthy with the Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 8.S.6., Bid Award/Ron Bell, Inc. to the Consent Agenda and Item 9.U., Purchase Award/MWI Corporation to the Regular Agenda by addendum. Mayor Ellis stated for Item 9.A., Appeal of Site Plan Review and Appearance Board Decision/Pediatrics By The Sea and Item 9.B., Waiver Requests/Pediatrics By The Sea there will be one Quasi-Judicial Hearing and two votes. Also, she stated Item 9.G., Waiver Requests/Community Land Trust, Inc. will be one hearing and there will be four votes.; Item 9.H., Waiver Request/Spadv Cultural Complex and Item 9.1., Conditional Use Extension Request/Spadv Cultural Complex will be one hearing and two votes; Item 10.A., Ordinance No. 46-07 will be one hearing and three votes. 12/11/07 Mr. Eliopoulos moved to approve the Agenda 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; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of November 6, 2007, 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 with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Regular Meeting of November 20, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther King, Jr. Dav - January 21, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming January 21, 2008 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian Strainge came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 68-07: Recognizing and Commending Captain Mark S. Davis for 30 years of dedicated service to the City of Delray Beach The caption of Resolution No. 68-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARK S. DAMS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 68-07 is on file in the City Clerk's Mayor Ellis read and presented Resolution No. 68-07 recognizing and commending (Retired) Captain Mark S. Davis for thirty (30) years of dedicated service to the City of Delray Beach. Captain Mark Davis came forward to accept the resolution and gave a few brief comments. -2- 12/11/07 7.B. City of Delrav Beach Residents' Academv Certificates -Janet Meeks Janet Meeks, Education Coordinator, stated on behalf of the City of Delray Beach, she traveled to Tampa last Friday to collect an award. She stated the award was given by SSPRA (Sunshine State School Public Relations Association) and it was the "Leading Light Award" for the Eagle's Nest Project. Secondly, Mayor Ellis presented certificates to the members of the 12s' Graduating Class of the Residents Academy. Mrs. Meeks stated the next session will begin March 2008. 7.C. Chief s Achievement Award for the Delrav Beach Police Department Dive Team -Chief Schroeder Mayor Ellis stated the following members of the Delray Beach Police Department. Dive Team will receive the Chief's Achievement Award: James Wintemute, Joseph Hart, Glen Rashkind, Steve Hynes, and Robert Harris. Larry Schroeder, Police Chief, thanked the City Commission for allowing the Police Department to share this recognition. He stated the Chief's Achievement Award is one of the highest awards that can be given at the Police Department and it is given for exceptional service towards the Police Department and the community. Chief Schroeder recognized the Delray Beach Police Department Dive Team for its many accomplishments and recognized Detective James Wintemute, Dive Team Leader. 8. CONSENT AGENDA: City Manager Recommends Approval. 8_A. RATIFICATION OF THE APPOINTMENTS TO THE HIDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Committee to serve two (2) year terms ending November 30, 2009. 8.B. RESOLUTION NO. 69-07/ALTERNATIVE WATER SUPPLY CRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve and adopt Resolution No. 69-07 authorizing execution of an Alternative Water Supply Grant Agreement with the South Florida Water Management District (SFWMD) for funding in the amount of $619,700.00 for the construction of the Area 4 Reclaimed Water Transmission System Project. The caption of Resolution No. 69-07 is as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2007-2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. -3- 12/11/07 office.) (The official copy of Resolution No. 69-07 is on file in the City Clerk's 8_C. RATE ADJUSTMENTS/AMENDMENT NO. 6/DAVID MILLER AND ASSOCIATES, INC.: Approve Amendment No. 6 to David Miller and Associates, Inc. Architectural Services Agreement Section VII(A)(2)(a) to adjust the hourly rates by five percent (5%). 8_D. STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) ALLOCATION FOR FY 2007-2008 RECAPTURED FUNDS: Approve and authorize the City to allocate the recaptured funds for FY 2007-2008 for the purchase of existing and/or construction of new single family homes, townhouses and condominiums in partnership with a participating Community Development Corporation (CDC) and/or eligible non-profit organizations. Funding is available from 118-1924-554-49.20 (State Housing Initiatives Partnership). 8_E. AMENDMENT/MEMORANDUM OF AGREEMENT (MOA)/ NEIGHBORHOOD RESOURCE CENTER/UNITED WAY PROSPERITY CEN'CER: Approve an amendment to the Memorandum of Agreement (MOA) with the United Way of Palm Beach County (UWPBC) for the Prosperity Center at the Neighborhood Resource Center providing that the City will fund a one (1) time grant in the amount of $22,000.00 in support of the Prosperity Center Manager position for FY 2007/2008. 8_F. AMENDMENT TO AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve an Amendment to the agreement between the Ciry and the Achievement Centers for Children and Families (ACCF), to include funding in the amount of $52,000.00 for the teen program provided through the Parks and Recreation Department for FY 2007/2008. Funding is available from 001- 4111-572-83.01 (General Fund/Other Grants and Aids). 8.G. REQUEST FOR SIDEWALK DEFERRAL/1516 LAKE DRIVE: Approve a request to defer the installation of a sidewalk in front of 1516 Lake Drive. 8_H. FINAL SUBDIVISION PLAT APPROVAL/OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE PLAT: Approve the subdivision plat for the Old School Square Parking Garage and Park Site Plat, located in Block 76 and bounded by an alley on the south, N.E. ls` Avenue on the west, N.E. ls` Street on the north and Pineapple Grove Way (N.E. 2"d Avenue on the east). 8.I. SERVICE AUTHORIZATION NO. 04-01.5/CH2M HILL, INC.: Approve Service Authorization No. 04-01.5 (Amendment 5 to Service Authorization No. ]) to CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services in identifying pre-treatment options for removing contaminants from the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance Costs). -4- 12/11/07 8.J. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2006-2007 as required by the U.S. Department of Housing and Urban Development. B.K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award to Master Contractors, Inc. in the amount of $21,614.25. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation); and approve a waiver request to the Neighborhood Services Division's approved Policies and Procedures that limits bid awards to be within ten percent (]0%) of the in-house estimate. B.L. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB- RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (the Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2007-2008, with the total funding in the amount of $7,410.00. Funding is available from 118-1966-554-83.01 (Community Development Fund/Other Grants and Aids). 8.M. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI SUB- RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (Community Child Care Center d/b/a Achievement Centers for Children and Families) under the Community Development Block Grant (CDBG) program for FY 2007-2008, with the total funding in the amount of $75,000.00. Funding is available from 118-1966-554-83.01 (Community Development Fund/Community Child Care Center). 8.N. RESOLUTION NO. 70-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTIlLANDSCAPE IMPROVEMENTS: Approve a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for the maintenance of landscaping along SR 806 (E/W Atlantic Avenue) from S. W./N.W. ] 2'~' Avenue to SR A lA; and approve Resolution No. 70-07. The caption of Resolution No. 70-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS AND MAINTENANCE TO AREAS LOCATED IN THE RIGHT-OF-WAY OF WEST ATLANTIC AVENUE FROM I-95 TO THE BEACH AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. -5- 12/11/07 (The official copy of Resolution No. 70-07 is on file in the City Clerk's office.) 8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request for the Art & Jazz on the Avenue scheduled for January l7, 2008 from 6:00 p.m. to 10:00 p.m.; granting 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 N.E./S.E. 7°i Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 15' Avenue, N.E./S.E. 2"d Avenue, S.E. 3rd Avenue, N.E./S.E. 4`~' Avenue, and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. B.P. CONTRACT RENEWAL/HB ACTUARIAL SERVICES, INC.: Approve renewal of an agreement with HB Actuarial Services, Inc. In the amount of $12,000.00 for professional services related to property and casualty insurance. Funding is available froth 551-1575-591-31.90 (Business Insurance Fund/Other Professional Services). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from November 19, 2007 through November 30, 2007. 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from December 3, 2007 through December 7, 2007. B.S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to RSI of Florida in the amount of $174,993.00 for the Fire Station No. 2 Re-Roofing Project. Funding is available from 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station). 2. Contract award to Total Quality Construction Services, Inc. in the amount of $156,727.74 for the constmction of the west parking lot at the Delray Beach Swim and Tennis Center. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee Fund/Swim and Tennis Parking Lot). 3. Purchase award to The Armored Group, LLC in the amount of $96,335.00 for the purchase of a new SWAT truck for the Delray Beach Police Department. Funding is available from 501-3312- 591-64.20 (Central Garage Fund/Automotive). -6- 12/11/07 4. Purchase award to Chaz Equipment Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 5. Purchase award to Line-Tec, lnc. in the amount of $25,000.00 for the Water Service Relocations. Funding is available from 442- 5178-536-65.17 (Water/Sewer Renewal & Replacement Fund/Water Service Relocations). 6. Bid award to Ron Bel], Inc., the lowest bidder, in the amount of $20,780.00 for the replacement of the roof over the living quarters at Fire Station No. 5. Funding is available from 001-2311-522- 46.10 (General Fund/Building Maintenance). Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PEDIATRICS BY THE SEA: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the building elevations associated with the Class IV site plan modification for Pediatrics By The Sea, located at 285 S.E. 5°i Avenue. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex pane communications. Mr. McDuffie stated he had no ex parte communications. Mrs. Montague stated she met with the applicant. Mr. Eliopoulos stated he too met with the applicant. Mr. Fetzer stated he met with the building owner who is the applicant. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-188 into the record. Mr. Dorling stated this is two items. One is the appeal of the Site Plan Review and Appearance Board ($PRAB) action of November 14, 2007. At that meeting, SPRAB recommended approval of the landscape plan as well as the site plan. However, SPRAB was split with a 3 [0 3 vote (no action/non-approval) on the elevations. Therefore, the applicant has now appealed that non-approval to the City Commission. -7- 12/11/07 The property is located at the northeast corner of S.E. 3`d Street and S.E. 5°i Avenue (southbound Federal Highway) and is in addition to an existing medical office building at that location. During their deliberations, the Board members expressed concern over the building elevations as it related to galvanized corrugated metal panels that were to be on the facade. Staff recommended that this be another treahnent and hardi-plank was agreed to by the applicant and revised elevations have been submitted showing that. However, Mr. Dorling stated even with the agreement to do that, the three members of SPRAB continued to not recommend approval feeling that the resulting elevations were not harmonious with the building. He stated there are two architects on the Board and this also went to the Community Redevelopment Agency (CRA) which agreed with the staff recommendation that the material be changed. The applicant has agreed to do that and this is attached as a conditional of approval in staff's recommendation. At its meeting of November 12, 2007, the Downtown Development Authority (DDA) recommended approval of the site plan modification. Mc Dorling stated along with this appeal there are five waivers and those waivers are contained under the Agenda Item 9.B. and those are to LDR Section 4.4.13(F)(1)(a) relating to the overall height of the building being a minimum of 25 feet; IS feet is being proposed with this development; another waiver is requested for LDR Section 4.4.13(F)(4)(f)(1) relating to the front setback area that is required to be finished with paving materials with planned sidewalks within the adjacent right-of--way; a waiver to LDR Section 6.1.8 that requires the utility facilities to be located on the ground throughout the site. Another waiver to 4.6.18(B)(14)(iv)(2) which talks about having a minimum of seventy-five percent (75%) of a wall area of an elevation in glass and then a waiver to LDR Section 4.6.14, which requires a 40-foot visibility triangle at the intersection of S.E. 3rd Street and 5`~ Street. He stated there is an analysis of each of those waivers in the backup and a recommendation of approval for each. Staff recommends approval of the five (5) waivers as well as the elevation subject to the condition that the material be changed from a metal to a hardi-plank siding. The City Manager inquired if the site triangle waiver is still subject to receiving something in writing from Florida Department of Transportation (FDOT) and that the site triangle meets their standards. In response, Mr. Dorling stated that is correct and this has not yet been received but if the Commission agrees to that waiver then it would have to be subject to confirmation from FDOT. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Chevelle D. Nubin, City Clerk, swore in the following individuals: -8- 12/11/07 Kenneth Kaltman (Applicant), stated he appeared in front of the SPRAB and there were some issues with regard to the siding. Mr. Kaltman stated he would like the Commission to consider their new drawing and noted they are below the height restriction. Commission. At this point, Mr. Dorling handed out copies of the new elevations to the Mrs. Montague stated she is very pleased to see the new drawings and see that the addition is going to match the two buildings. She stated at the point in time that the applicant replaces the roof of the original stmcture, she would like to see it match the new stmcture at the end of the life of the present roof. The applicant concurred with Mrs. Montague. Mr. Kaltman stated they would like to also snatch the siding and replace it as well and replace the existing siding at some point if that becomes necessary with a similar type of siding (i.e. stucco that would look like a planking as seen on some of the Ironwood Properties). The City Attorney stated that would be an amendment to this elevation so it would have to go back to SPRAB or at least be reviewed by staff. the elevations. Alice Finst, 707 Place Tavant. Delray Beach, briefly commented about There being no one else from the public who wished to address the Commission regarding the appeal or the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. 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). At this point, the City Attorney noted that the appeal is approved subject to condition "A". Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS/PEDIATRICS BY THE SEA: Consider a request for waivers associated with the Class IV Site Plan Modification for Pediatrics By The Sea located at the northeast comer of S.E. 5'h Avenue and S.E. 3`d Street (285 S.E. 5`h Avenue). (Quasi-Judicial Hearin 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). -9- 12/11/07 At this point, the City Attorney stated that the waiver requests are approved subject to the site visibility triangle receiving Florida Department of Transportation (FDOT) approval as well. Mrs. Montague moved to adopt the Board Order as presented, 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 with a 5 to 0 vote. 9.C. WAIVER REQUESTS/ONNEN DISASTER AND RECOVERY CENTER: Consider a request for waivers associated with the Class IV site plan modification for Onnen Disaster and Recovery Center, located at 234 N.E. 4°i Avenue. (Quasi-Judicial Hearfnp~ Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Commissioner Eliopoulos, Commissioner Fetzer, Commissioner McDuffie, and Commissioner Montague stated they had no ex parte communications to disclose. Mayor Ellis stated she spoke with Tim Onnen. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-226 into the record. Mr. Dorling stated the site is located north of N.E. 2"d Street on the east side of the railroad tracks and noted this was considered by the Site Plan Review and Appearance Board (SPRAB) on November 14, 2007 who approved both the site plan and the landscape plan, as well as the elevations. As part of that, there was consideration of three waivers. The development proposal consists of the redevelopment of the existing two-story 3,032 square foot building which results in the addition of 6,362 square feet of floor area (9,394 square feet total) and a three bedroom dwelling unit in a four-story building. The three waivers that were approved by SPRAB are: (1) LDR Section 4.4.13(F)(4)(f)(1), which requires that the front setback area be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way, (2) LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and N.E. 4'~ Avenue, and (3) LDR Section 4.6.18(B)(l4)(iv)(2), which requires that a minimum transparency or glass surface area on the ground floor wall area on all non-residential and mixed-use buildings shall be a minimum of seventy-five percent (75%) of the wall area for that elevation. Mr. Dorling stated the front setback area finished with paving materials is a requirement that applies to the downtown area where we desire sidewalks that are adjacent or in the right-of--way to be extending towards the buildings and these do not exist in this area and at this time are not planned. The site visibility triangle relates to their driveway onto 4°i Avenue which is a minimally traveled street system. Mr. Doling -10- 12/11/07 reiterated that SPRAB recommended approval of these three waivers and staff recommends approval as well. Paul Slatterv. Slatterv & Associates Architects Planners, stated he has some additional exhibits of the same graphics if the Commission cares to see them and he is available for any questions as well. Mr. Eliopoulos asked if this is an addition or are they proposing to demolish it. Mr. Slattery stated they are going to be demolishing the majority of it. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 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). At this point, the City Attorney stated the Commission approves the waiver requests. Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. 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 with a 5 to 0 vote. 9.D. CONDITIONAL U5E REOUEST/WAL-MART: Consider a conditional use request to allow the establishment of a 24-hour or late night business for Wal-Mart, located on the west side of Military Trail, approximately 650 feet south of Linton Boulevard (16205 South Military Trail). (Quas~Judicia[HearingJ Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 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 #2007-361 into the record. Mr. Dorling stated this is a consideration for a conditional use and there is a related site plan and if this conditional use is approved, the site plan would have to go to the SPRAB. This conditional use is to establish a 24-hour or late night business for Wal-Mart pursuant to LDR Section 2.45(E). He stated this is 11.78 acres and was annexed into the City of Delray Beach on August 22, 1989 and is zoned PC (Planned Commercial). The hours of operation for the existing Wal-Mart are from 7:00 a.m. to -11- 12/11/07 10:00 p.m., seven days a week. The request is to extend the operation to 24 hours a day, seven days a week. The applicant has also submitted a site plan modification to improve the driveway entrance, landscaping, building expansion for a loading dock and vestibule consisting of 2,558 square feet, an outdoor employee break area, and building elevations. At its meeting of November 19, 2007, the Planning and Zoning Board considered the conditional use request and recommended approval with a 6 to 0 vote subject to the conditions of approval as noted in the attached Planning and Zoning Board Staff Report dated November 19, 2007. As part of this submission, there is an upgraded lighting plan and there are approximately fifty 400 watt overhead lighting fixtures on several additional poles. Mr. Dorling stated there are conditions of approval and there are some additional requirements for cameras to provide camera coverage to the rear of the building and to the loading dock area. These would be conditions of the site plan approval which would continue if this conditional use is approved and even if not approved, they are committed to doing some improvements to the site. Staff recommends approval. Susan Motley, Attorney representing Wal-Mart, stated this request is related to a conversion of this store to a super center. She stated this is an older general merchandise store that is in need of some refurbishment and itprovements. She gave a brief PowerPoint presentation and discussed the project. Ms. Motley entered the PowerPoint presentation into the record and stated she believes they meet all of the requirements for approval of this use. Mr. Eliopoulos asked what the square footage is for this building. In response, Ms. Motley stated the current square footage for the building is 121,762 square feet (existing building and the covered garden center area) and would therefore increase to ]24,320. Mayor Ellis asked what the timetable is for the conversion. Ms. Motley stated as soon as they can get this approved they will be starting. Therefore, Mayor Ellis stated the conversion is contingent upon the 24-hour approval. Ms. Motley stated it is an important aspect of it but Wal-Mart has made a commitment to the community to upgrade this store. Mrs. Montague stated asked if the gas station is included. Ms. Motley stated the gas station is not owned by Wal-Mart. Mrs. Montague asked if the entranceway is being re-landscaped. Mr. McDuffie inquired about the internal and external cameras operating 24-hours a day. Ms. Motley stated one of the things that staff is conditioning their recommendation on is that these cameras cover the entire property. She stated there are some cameras there now; however, these cameras will all be upgraded and they will have to show to the City's building inspectors that there is coverage throughout the site. She stated they also have a security firm that operates now on-site from 10:00 p.m. - 3:00 a.m. City staff is asking that the security be continued through the night hours and the 12- 12/11/07 applicant is in agreement with this condition. The City Attorney asked when the outside security will start. Ms. Motley stated they will not be operating on a 24-hour basis until they make the changes to the conversion to the super center. Ms. Motley stated they will be operating from 7:00 p.m. until sunrise. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. At this point, Chevelle D. Nubin, City Clerk, swore in the following individual Dr. Joseph Provenzano, 1921 S.W. 36`h Avenue, Delray Beach, stated he is glad that they are going to be doing this because the colors will be nicer and feels it will improve the appearance; however, directly across the street there is a stop light and a medical complex that is currently only two lanes (one lane coming out and one lane going in). He stated the stated they are going to be butting up against four lanes (one coming in and three going out) and asked if the light will have to be changed whereas like on US-1 and Linton Boulevard where only one lane of traffic can move at a time. Dr. Provenzano expressed concern over the ingress and egress from the medical complex because there are a lot of doctors who depend on their livelihood in that intersection. He also expressed concern over the length of the lights because the traffic lights along Linton Boulevard and Military Trail are pretty long now. There being no one else from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. Adam Kerr, Traffic Consultant with Kimley-Horn and Associates, Inc•, stated when an intersection is redesigned with this type of configuration on the west side, you would re-time the signal He stated it is referred to as what is called "split phase" which means that all of the traffic coming out of Wal-Mart would exit at once and then all of the traffic from the other side of the road would exit at once and then the traffic on Military Trail would go. Mr. Kerr stated with this type of configuration there should not be traffic coming out of the medical complex and Wal-Mart at the same time. He stated when it is redesigned, the Palm Beach County Traffic Division will maintain the signal and when they assume maintenance of the signal they would re-time it and allocate the green time based on the traffic volumes. Mrs. Montague stated she has a number of concerns because she is not a fan of 24-hour facilities even though she feels with the medical facility and the hospital nearby, etc. it being a 24-hour society we want to be able to present as many options as we could for the community. However, there is a development called Country Lake located to the south of Wal-Mart and the only thing separating Country Lake from the site plan is a fence and some very thin shrubbery. She is concerned about the lighting and landscaping and inquired how the homes in Country Lake will be protected. Mr. 13- 12/11/07 Dorling stated from a lighting point of view they need to have cutoff luminaires so there is not spillage on the adjacent property and they are providing cutoff luminaires in their provisions. With respect to the landscaping, Mr. Dorling stated staff has made a condition that the gaps between existing proposed trees are filled in will Crepe Myrtle (or other acceptable trees) at a spacing not to exceed 15 feet on-center along the south side of [he property. Mrs. Montague commented that the existing landscaping is not working because she has visited the site and she can see right through into some of the homes. Mc Dorling stated the applicant is providing some additional landscape material. Ms. Motley stated Mrs. Montague is correct that there are gaps but one of the conditions is that new landscaping be put in so that there are no gaps in that entire property line. Ms. Motley stated [he staff report mentioned that the very closest home is 70 feet from the Wal-Mart property line. Brief discussion continued between Commissioner Montague and Ms. Motley regarding the security inside and outside of the store. At this point, the Store Manager for Wal-Mart came forward and stated currently they have security from 7:00 a.m. in the morning until 3:00 a.m. at night. The City Attorney clarified that they are proposing going from 7:00 a.m. in the morning until sunrise which is basically 24 hours. Mr. Eliopoulos complimented the new look and feels this site has been hurting for quite some time. He strongly encourages the applicant to going in this direction; however, he does not support a 24-hour store because he has concerns about the store abutting residential areas (to the south), medical to the west, office buildings to the east and down the road if another store comes before the Commission he does not feel comfortable with allowing this for one store and not another. Mr. Eliopoulos expressed concern over stretching our police force thinner and therefore does not support this project. The City Attorney briefly reviewed the following conditions with the City Commission: (I) that the security patrol be extended from 7:00 a.m. to sunrise, seven days a week; (2) the location and coverage of the exterior cameras provided on the plans and that the property has 100 % camera coverage; (3) that the gaps between the existing and proposed trees are filled in with Crepe Myrtle (or other acceptable trees) at a spacing not to exceed 15 feet on-center along the south side of the property subject to the security plan that was submitted and as modified by these conditions above (4) dedicating a person for inside security at all times and an overall enhancement of inside and outride security with increased security during the holiday period from November through January (f these conditions are acceptable to the applicant). Ms. Motley stated she is not sure what is meant by increased security but perhaps they could set it up that they would work with the City of Delray Beach to address a security plan for the holiday period and for other times of the year so that they -14- 12/11/07 could cooperate with the Police Department or whoever the City would want them to work with for the security plan. The City Attorney stated the fourth condition would then read: (4) dedicating a person for inside security at all times and an overall enhancement of inside and outside security suhject to an enhanced security plan from November through January acceptable to the Police Department and each year that this be approved by the Police Department and (5) the 24-hour approval is subject to an approved site plan for a super center. Mrs. Montague expressed concern over the timeline. Ms. Motley explained at the point that the store is completely converted to a super center that is when they would want to start operating on a 24-hour basis. The City Attomey 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 approve the conditional use request for Wal-Mart, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 1 vote, Eliopoulos dissenting. At this point, the time being 7:41 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC HEARING): Consideration of a rezoning request to allow a modification of the Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial Hearing) The caption of Ordinance No. 46-07 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, AMENDING SECTION 4.4.25(G), "S.A.Ds," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED -15- 12/11/07 REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 46-07 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. The City Attorney stated this ordinance is before the Commission for approval and also it is part of the Quasi-Judicial Hearing and Public Hearing that will be held on the ordinance itself, the waiver, and the site plan appeal. She stated the Commission will then vote on all these separately. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 46-07, to please come forward at this time. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had a discussion with the developer, the developer's agent, numerous emails, telephone conversations, and two meetings with the public Mr. McDuffie stated he spoke with the City Clerk to submit this into the record post-meeting. Mrs. Montague stated she has met with the applicant as well as Mr. Weiner, representatives from homeowners associations, and stated she has emails that she will forward to the City Clerk and letters that she has already submitted. Mayor Ellis noted all previous telephone calls and emails have been submitted to the City Clerk's office. Mayor Ellis stated she has also met with the applicant and representatives of the applicant and any telephone calls and emails that have come in tonight will be forwarded as well. Mr. Eliopoulos stated he has met with the applicant and/or agent on three occasions and noted that he had one meeting with some of the residents representing the associations and has responded to some of the emails. Mr. Fetzer stated he met with the applicant and their attorney and received numerous emails that he can provide to the City Clerk's office. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-165 and #2007-166 into the record. Mr. Dorling stated this is a modification of an existing SAD (Special Activities District) Ordinance No. 51-95 and this modifies it to introduce a new mixed- use development known as Midtown Delray containing 116 townhouse units (32 units will be subject to the family workforce housing ordinance) as well as 29,571 square feet of medical offices to be located at the southwest comer of Linton Boulevard and Old -16- 12/11/07 Germantown Road. At its meeting of October 16, 2007, the City Commission considered this modification of the SAD at first reading and at that time there were some issues raised by the City Commission including some aesthetic improvements that needed to be made to the architectural elevations, alternative ingress/egress to the residential portion of the site be considered, and concerns about the landscape perimeter buffer along the west property line that needed to be substantially increased, a minimization of the requested waivers (initially there were five waivers and now this has been reduced to two waivers). Mr. Dorling stated between that first reading and now, the applicant has made some aesthetic improvements to the architectural elevations of both the commercial building as well as the residential building, has provided alternative ingress and egress to the site, and has increased the landscape perimeter buffer along the west. He stated one of the waivers was preservation to existing open space and the applicant has now agreed to preserve the existing vegetation there which provides a significant improvement over what was originally proposed. At its meeting of October 24, 2007, the Site Plan Review and Appearance Board (SPRAB) considered this item and voted 4 to 2 for approval. Mr. Dorling stated there were a significant amount of conditions of approval that were attached to the previous report. All of those conditions of approval have been met as well as the Commission's initial concerns at their October 16, 2007 meeting. There was some additional direction given at the SPRAB meeting also relating to traffic calming devices [o be added internally and externally to the project, that sidewalks be added to the perimeter of the property, some additional concern about the landscape buffer (those have been done), and some significant discussion about the buildings along the western boundary that they be staggered (also have been accomplished with the re-submittal), discussion about the aver all massing of the roof height which has changed from 39 feet to 31 feet for the residential buildings. Mr. Dorling stated those conditions of approval were appealed by the City Commission and all of those conditions have been addressed as well as those additional concerns that the Commission expressed when this was appealed. He stated since the last time the Commission considered it, there have been some improvements to the ingress/egress including a connection between the residential and the office portion as well as a right-turn only into the development from Linton Boulevard. There are some additional landscape buffers that have been provided along Orchid Lane and there was a concern related to workforce housing and their distribution. They have now proposed to distribute the workforce housing throughout the entire buildings which are placed throughout the development. Some additional traffic calming has been provided externally to the site along the park access road and they have had several meetings with the City Engineering Department and traffic engineers and now there are additional raised crosswalks that are external to the project. Mr. Dorling stated the two waivers that they are now down to is a waiver to LDR Section 6.L2(C)(3)(a) which is a pavement reduction from 24 to 20 feet internal to the project as well as a sidewalk waiver from the requirement that sidewalks be provided on both sides of the street. The cross section will have 20 feet of pavement as well as a two foot valley curb on each side so in the event 24 feet was needed that would be available for a travel lane. -17- 12/11/07 He stated when this waiver has been approved in the past, the City Commission has always conditioned that on a requirement that there be no on-street parking required and that there be a condition addressed in their homeowners documents that people not be allowed to park on the street. Staff recommends approval of both of those waivers but the other waiver should be conditioned on the fact that no parking is allowed on the streets and that it be contained in their docwnents. Mr. Dorling stated there has been significant discussion as it relates to the emails regarding the density of this project and how density is measured. Mr. Dorling entered into the record a synopsis of eight recent developments that have had density measured in a similar way. He stated historic depot had a significant non-residential 90,000 square feet of non-residential (i.e. historic depot, Atlantic Grove, Latitude, Atlantica, Park Place North, Village Park, Coda, Pineapple Grove, Ltd.) and noted that all these projects came before the Commission with non- residential components ranging from 2,200 square feet ofnon-residential up to 90,000 for historic depot. Michael Weiner, 102 North Swinton Avenue, Delray Beach (Attorney representing Midtown Delrayl, stated the property is located on the east of the intersection on Linton Boulevard and Military Trail on the south side of Linton Boulevard. He stated the project is known as Blood's Grove which is [he former hotne of the City's citrus packing plant and a very famous tourist designation but is now in disrepair. The history of the zoning on this particular project has been detailed in the staff report and stated there are approvals that go back to 1995 and move forward to 1998. Mr. Weiner stated the particular area was envisioned for approximately 480 residences and that area includes Hammock Reserve (270 homes). He stated if Midtown is approved then the Commission would have approved approximately 390 homes for the area so the total area will be 90 less than what was contemplated in 1995/1996. Mr. Weiner stated the Planning and Zoning Department that an S.A.D. ordinance may have its conditions changed. Robert Rennebaum, Traffic Engineer and President of Simmons & White, briefly discussed the traffic. He stated safety is not based on the number of trips that are being generated or the trip counts on the roads but it is based on good design. He stated they have added a connection to Linton Boulevard and noted this was not on the original design but was in response to neighborhood meetings. Mr. Rennebaum stated they have met with the Director of Traffid Division at Palm Beach County Engineering and his staff and they have said if the City Commission directs Simmons & White to show on the site plan that it is permittable. Mr. Rennebaum stated in response to the neighbors is the Commissions decision because Simmons & White has shown it on the site plan and they have also provided a connection between the medical office building and the residential development that was not shown on the original site plan either. He stated it was in response from the neighbors being concerned with all the residential traffic only having the option of coming out to the south to Park Access Road so with the connection residents also have the option to go up to the main medical office entrance that aligns with Old Germantown Road. He stated the medical office access road was a -18- 12/11/07 concern from the beginning with the neighbors talking about traffic and congestion. He stated he sat at the site several mornings and an afternoon looking at what happens during the peak time (approximately IS minutes) and although there is congestion, it is very well controlled with a Police Officer and a Crossing Guard. Mr. Rennebaum stated their project is not going to negatively impact that intersection. He stated per staffs request, Simmons & White has done an in-field count of that intersection and looked at how it is operating today. He stated right now with the existing counts it is operating at the top level of service Qevel of service "A"). Staff has also asked Simmons & White to project their volumes and growth in [he area and look at when everything is built out how that intersection is going to operate and it is still operating at level of service "A". Mr. Rennebaum stated there is also talk from the neighbors about maybe moving the southerly entrance to the residential north a little bit to get it away from the school entrance. He stated anytime you do not align driveways it causes additional conflicts and moving it north gets it more on a curve and there could be some sight distance issues and they have agreed to put a crosswalk there with a raised traffic calming measure to leave it aligned with the school driveway. He stated everyone has agreed that this is the best and safest design. Mayor Ellis stated if anyone would like to speak in favor or in opposition of Ordinance No. 46-07, to please come forward at this time. Joseph Grav. Delrav Beach Community Land Trust (CLT) stated they started over a year ago with the grant process and they won the grant with one of the smallest projects in the State. Mr. Gray stated the State was really looking for bigger projects but because of the nature and quality of this project they won the grant. He stated the State has taken a big chunk of their funding that they provide for workforce housing and put it into this program. This project will allow the CLT to provide workforce housing to 32 families that would not be able to live in this community and they plan to target specifically education and health professionals for these units. Mr. Gray strongly urged the Commission to support this project because they feel it will be beneficial for the community. Dodee Firestone, 16209 Bridlewood Circle, Delrav Beach (Foxe Chase urged the Commission to not support the Midtown development because it is not compatible with the Comprehensive Master Plan that was created by Ordinance No. S1- 9S. She stated the proposed overall townhouse density even agreeing to the 12-units per acre is not comparable to the five and eight units per acre density of the surrounding adjacent single family homes that occupy 89.6% of the former Blood's Grove property and that were built in compliance with the ordinance. Ms. Firestone stated the ordinance limits the development of Parcel A "a maximum floor area for the combined uses not to exceed 65,000 square feet" Presently, the project occupies 238,371 square feet of development. Ms. Firestone urged the Commission to support Ordinance No. 51-95 which created a Comprehensive Master Plan for the development of Blood's Grove and dictates the manner of development for the last ten percent of the property. She stated Midtown Delray must be compatible with the surrounding single family residences and built at comparable density. She stated the language in the ordinance is plain, -19- 12/11/07 unambiguous, and obvious. Ms. Firestone stated the Fourth District Court of Appeals has held "consistency with a Comprehensive Master Plan is not a discretionary matter." She stated case law has always been clear and in the case of plain meaning there is no deference to be given and no interpretationsto be made. Harold Karun, 16196 Bridlewood Circle, Delrav Beach (Foxe Chase), stated the main problem with this particular projecC is Ordinance No. 51-95 and noted that it is abundantly clear that it cannot take the density that is being proposed. Mr. Karun stated there appear to be two projects; one, a medical building sitting on a parcel with its own parking lot with a intervening street before you get to the residential and this is called an "out parcel development". He stated now the City is left with 7 '/z acres and suggested if the City wants to apply the ratio that they have here it is 12 x 7 '/z with a maximum construction of 90 homes. Mr. Karun stated the building that is being proposed is being put forth based on precedence. He stated there is a land grant with this project, the City is a partner in this project, three story residences are being proposed, and asked if there was an Ordinance No. 5 I -95 in place and was there an accommodation for the handicapped. Mr. Karun stated all these things have to be taken into consideration if the Commission wants to use the other cases as precedent for setting up this particular project. Dr. Joseuh Provenzano. 1921 S.W. 361h Avenue, Delrav Beach (Faircrest Heights), stated he has a memorandum from the City Manager where he recognizes where the City of Delray Beach, Florida has a large senior and physically challenged population and is cognizant of the day to day challenges they face. He stated with all the new construction and redevelopment going on, in his opinion, this goes against what the City Manager has said. Dr. Provenzano stated there is a large part of the workforce that is physically challenged but they still work and pay taxes. He stated the proposed project is a mixed-use development and suggested leaving the 24-foot footprint to make it green space. He stated they are taking away the sidewalk of five feet and four feet of concrete on the pavement and narrowed it down by nine feet which has allowed them to increase the density. He stated there are approximately 22 driveways that measure anywhere between 18-19 feet (on the sides where the sidewalk will be on inner circle) and on the outer circle there is 18 feet to the sidewalk. Dr. Provenzano stated this is a handicapped accessibility issue and he understands that the City is trying to create workforce housing. He stated this goes against what the City stands for and commented that the tracks and cars will be blocking the sidewalk and feels there is not enough being done for the handicapped. He stated he has filed a complaint with the Fair Housing Commission and noted that the Department of Justice will be here. Carla Stewart, 4780 Temple Drive, Delrav Beach (Hammock Reserve Subdivision), stated she lives within 100 feet of the property line of the proposed development. She acknowledged and thanked Ascot Development, Commissioner McDuffie, and others who have been important in the process. Ms. Stewart stated there are still basic issues with this development and emphasized that this is not a "slam dunk". She stated they are repealing sections of the Master Plan and neighboring communities -20- 12/11/07 have presented arguments for why this application should be denied and urged the Commission to deny this application. Dr. Donald Klein, 4788 Orchard Lane, Delrav Beach (Hammock Reserve stated he emailed the Commission and received two responses. He stated with regard to discussion about Pediatrics By the Sea someone made a comment about staying within the area and making it blend in. Dr. Klein stated this Ascot Development does not blend in. Dr. Klein stated in a meeting with Ascot Development it was brought up that the value of homes is going down and that workforce housing is becoming more affordable with just the regular housing. Dr. Klein stated that Ascot Development stated that they were going to build the medical facility and then they would see if there was a need for the other. Dr. Klein stated he thought this was all about workforce housing but rather it appears to him that it is all about making money. He urged the Commission to consider whether or not they are really building workforce housing or is the City really giving Ascot Development a way to make some money and then they disappear. John Fumero, 2909 Genoa Wav. Delrav Beach (Verona Woods), stated tonight's decision can and will have a dramatic impact on the character and nature of what many people call the Germantown Road corridor. He stated the issue from his perspective is not whether "iP' development should take place on this parcel but "how" it should take place on this parcel. Mr. Fumero stated there is a right way and a wrong way given surrounding areas and some of the issues that have been discussed in which to develop a site plan. He stated in his opinion, there are significant remaining issues having to deal with ingress and egress and traffic implications that will have an impact on the communities along Germantown Road. Mr. Fumero urged the Commission and the developer to sit down with the homeowner association residents and commented that there is a development scenario that will work and that will be consistent. Josh Bressler, 2235 Rabbit Hollowe Circle, Delrav Beach (President of Rabbit Hollowe Homeowner's Association), stated several weeks ago he wrote and expressed concern that this review process is too rushed, too eager and too flexible with procedures that are intended to protect all interests in the process. He stated he noted in that letter that this project was passed by the Planning and Zoning Board and later by Site Plan Review and Appearance Board (SPRAB) lacking information and complete plans to properly evaluate the proposal. Mr. Bressler stated Rabbit Hollowe supports workforce housing as a concept and noted that the question is in the execution. He stated he appreciates Ascot's efforts to meet with residents and to accommodate certain changes in the plans but this does not make them comfortable to support it. Mr. Bressler suggested that if the Commission does approve the plan, that additional conditions be added. Mr. Bressler suggested that there be a completion bond or an escrow deposit to ensure that the project as approved is actually completed so that the property that is currently in disrepair at that location does not take a different form of disrepair when not completed. Secondly, he suggested that a bond be placed to ensure that traffic issues that residents believe will develop are addressed not with City taxpayer money but with developer money that should have been incorporated in the plans now. -21- 12/11/07 Ezra Krei~, 16485 Bridlewood Circle, Delrav Beach (Foxe Chase), stated on behalf of everyone who is in the Germantown Road corridor he thanked the Commission for their service to the community. Ife stated tonight is the last night of Hanukkah and explained a Jewish word called "chutzpah" (meaning "courage" and "principle" in English) and gave examples of this word in relation to this project. He stated this property is designated as mixed use; however, it sits on two separate footprints. Mr. Kreig urged the Commission to vote no for this project, vote no for the waivers, and vote no against bad public policy. Mark Feinstein, 16244 Bridlewood Circle, Delrav Beach (Attorney representing a number of affected homeowners and the associations), stated with regard to the waivers, there must be an undue hardship, a unique or special circumstance and the waiver must be one that is not self imposed. He stated the waivers that are being requested by Ascot Development are as a result of their own actions and their own request for densities in the amount that they are seeking (116 units and the exorbitant amount of medical office use). Mr. Feinstein entered into the record the supplemental report of Henry Iler who was the hired expert land planner that testified before the City Commission at the previous Commmission meeting at the first reading (letter dated December 10, 2007). He stated the site plan violates the Comprehensive Land Use Plan specifically with regard to the zoning. The double density that is being requested completely violates the ordinance which says it will be authorized at eight units per acre. The additional density authorized by the workforce housing is not applicable to this development because it does not reside in any of the three districts that is authorized for the workforce housing. Mr. Feinstein stated the very last provision of the ordinance talks about how the restrictions to this parcel specifically limits the total amount of floor square footage to 65,000 square feet and proceeding that condition is the discussion of not only residential uses but also the commercial uses. Mr. Feinstein urged the City Commission to defer and give direction to the developer to come to a compromised agreement with the affected homeowners' associations and the affected parties. Mr. Weiner stated he objects to Mr. Feinstein entering the supplemental report of Henry Iler into the record at this late date. The City Attorney stated the report has been admitted into evidence and can be considered at this late date. Edward Antaker, 2340 Rabbit Hollowe Circle. Delrav Beach (Rabbit Hollowe stated this is a mongrelized type of project (half commercial and half residential). He suggested building out the area in the way that the land use originally contemplated and in a way that will make it harmonious with the entire surrounding area along Germantown Road. Pat Eaiziano, 2175 Rabbit Hollowe Circle, Delrav Beach (Rabbit Hollowe stated she works in the medical field and most doctors book between four and eight patients an hour. She expressed concern over the 30,000 square foot medical building and how many doctor's offices would be at this medical plaza to incorporate the influx of traffic going in and out of there every day. Mrs. Egiziano asked if the City can guarantee them that Germantown Road will never be widened and noted that this area _22_ 12/11/07 feels agricultural and is unique. She stated in Port Orange, Florida you cannot build where you can see the buildings but you have to drive down the road and look for signs because [hey left it beautiful. Mrs. Egiziano stated this was always the beauty of Boca Raton and Delray Beach and now she feels Delray Beach is overgrown. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mr. Dorling had no cross-examination or rebuttal. Mr. Weiner had no cross-examination. Mr. Weiner gave the following rebuttal: Mr. Weiner read the caption of Ordinance No. 51-95 and stated it references "initial zoning classification for a parcel of land" and it is later mentioned in the ordinance that if you are going to be doing commercial property you will do it in accordance with the Master Plan site for the Special Activities District (S.A.DJ. Mr. Weiner stated this is not a Comprehensive Plan or a Comprehensive Master Plan but it is what the caption calls an "initial zoning" and noted that Ordinance No. 51-95 does not apply. The City Attorney and the Commission briefly discussed condition #11 and modified it as follows: "That the workforce housing units shall be evenly distributed among all proposed townhouse buildings and no townhouse building shall be solely workforce." Mr. Eliopoulos expressed concern over the room sizes and stated the master bedroom is showing widths of 9'x 4" and suggested that typically the minimum room size is 10 x 10 and for a master bedroom is 12 x 14. Mr. Dorling stated 18 x 20 is the normal minimum size for atwo-car garage. Mr. Weiner stated Commissioner Eliopoulos' request would make it difficult for them to fit in the size of those buildings. Therefore, Mr. Weiner suggested that a condition of approval would be "that staff will increase the size of the rooms and garages to a point acceptable so long as the footprint of the building does not change." He stated a condition that would maximize rooms and garages within the footprint of the building supervised by staff would meet Commissioner Eliopoulos' concerns. The City Attomey suggested the following condition: "Referral to staff to look at increasing the sizes of some rooms particular the master bedrooms and also the garages in accordance with typical standards that have been required of others." Mr. Eliopoulos expressed concern that the building is facing south to the residents. Mr. Weiner stated this particular plan has been reviewed twice before and they would like it to face the way iY is facing presently. Mr. McDuffie stated there are some conditions that he believes are on the current plans that he received that are not in these conditions that he would like to see. -23- 12/11/07 He stated specifically that there be a "Right Tum Only" off of Linton Boulevard, that there shall be maintained a connection between the residential and commercial sections of the development. The white fence along the western side shall be maintained and kept in place. In addition, a chain link fence on the west side shall be installed to accommodate landscaping. Mrs. Montague inquired about the buffering and asked why this has not been addressed. Mr. Weiner stated they believe they have addressed this issue. He stated the old plan had no buffering and commercial buildings; they now have extended the preserve area. He noted none of the trees in the back will be touched. Mrs. Montague asked if the applicant is retaining what is there or are they adding to it Mr. Weiner stated they are adding to it. Mrs. Montague stated the landscaping along Orchard Lane is not displayed on the drawings the way the Commission had discussed. The City Attorney stated condition #19 states "that the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road." John Sloan, Ascot Development, introduced the Landscape Architect. Jay Bridge, Landscape Architect, stated they proposed making a preserve area along Orchard Lane and at that point in time they pulled ornamental landscaping out of the preserve area. The City Attomey stated attached to the Board Order are 26 conditions and those are modified in that Condition #ll will state: "that the workforce housing units shall be evenly distributed and disbursed among all proposed townhouse buildings and no townhouse building shall be solely workforce housing". The City Attorney stated Condition #27 should read: "There shall be a "Right Turn Only" off of Linton Boulevard.", Condition #28 - "There shall be maintained a connection between the residential and commercial sections of the development, Condition #29 -The white fence along the western side shall be maintained and kept in place. In addition, a chain link fence on the west side shall be installed to accommodate landscaping, Condition #30 - "The office building front elevation shall be flipped so that it faces Linton Boulevard.", Condition #31 - "the applicant shall work with Planning and Zoning staff to increase room sizes and the sizes of the garage. to meet typical standards within the building footprint." The Commission concurred with the conditions as explained by the City Attorney. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). The City Attomey stated the Commission approved the appeal with the conditions as set forth in Exhibit "A". -24- 12/11/07 Mr. Fetzer moved to adopt Ordinance No. 46-07 on Second Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll cal] the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.A.1. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of the site plan, landscape plan and architectural elevations associated with the construction of a proposed 116-unit townhouse development and 29,571 square foot medical office building known as Midtown Delray, located at 4600 Linton Boulevard. (Quasi-Judicial Hearing) Mr. Fetzer moved to approve the site plan subject to the conditions, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mc Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.A.2. WAIVER REQUESTSlMIDTOWN DELRAY: Consider approval of two (2) waiver requests associated with Ordinance No. 46-07. (Quasi-Judicial Hearing) 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). These waivers are approved subject to the condition that there shall be no parking on the streets and this prohibition shall be contained within the covenants/restrictions/homeowner association documents and other regulations governing the development/project as outlined in the Board Order: Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 55-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C), "Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standards", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. If passed, a second public hearing will be scheduled for January 3, 2008. The caption of Ordinance No. 55-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -25- 12/11/07 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.43, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 45.1(E)(6), "DEMOLITION", AND 4.51(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 55-07 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. At this point, Mayor Ellis stepped down from the dais and passed the gavel to Vice Mayor Fetzer. Paul Dorling, Director of Planning and Zoning, stated this was part of a larger ordinance that dealt with the Historic Preservation and Design Guidelines. This is to acknowledge that demolition by neglect is a nuisance and it is subject to fines. He stated there is an additional clause in there that talks about the Historic Preservation Board has some additional authority to approve and apply more restrictive standards and the maximum is identified in the zoning ordinance. Mr. Dorling stated the language was added by the City Attorney's office which basically states that while you may have a maximum, if in the interest of compatibility, the Board finds that you are not allowed to have the maximum, then they have the right to so limit you. The City Attorney stated that is based on the Tampa case which required that language. At its meeting of November 7, 2007, the Historic Preservation Board (HPB) recommended approval by a vote of 5 to 2 (Lake and Kucera-Winney dissenting); at its meeting of November 19, 2007, the Planning and Zoning Board considered the subject amendments. The item was tabled to the Special Meeting of December 3, 2007 -26- 12/l]/07 over concerns relating to the requirement to submit a complete redevelopment proposal with all demolition requests of both contributing and non-contributing structures. At the meeting of December 3, 2007, staff provided the Board with three options. After significant discussion, the Board recommended "Option C" to be included with LDR Section 4.5.1(E)(6) which permits a demolition request for a structure, regardless of its historic classification, to be reviewed and approved by the HPB without concurrent review of the redevelopment plans, yet does not allow the demolition to take place until the building permit has been issued for the site's redevelopment. The proposed language that the Planning and Zoning Board recommended to not include in the ordinance is underlined below: The Historic Preservation Board shall have authority to apnly more restrictive standards than the maximum identified in the zoning regulations in order to achieve visual compatibility in accordance with Section 4.5.1(E)(8). Mr. Dorling stated they recommended that this be removed and when it was considered by HPB they did not agree with that and thought it should be applied. He stated the language was added by the City Attorney. Staff recommends that the Commission choose "Option C" and that they include the language as indicated by the City Attorney. The Pineapple Grove Main Street committee reviewed the subject amendments at is November 7, 2007 meeting and unanimously recommended approval; the Historic Preservation Board (HPB) considered the subject amendments at its November 7, 2007 meeting, and recommended approval by a vote of 5 to 2 (Lake and Kucera-Winney dissenting); the Community Redevelopment Agency (CRA) considered the subject amendments at its November 8, 2007 meeting and unanimously recommended approval; the Downtown Development Authority (DDA) considered the subject amendments at its November 12, 2007 meeting, and unanimously recommended approval; the West Atlantic Redevelopment Agency (WARC) considered the subject amendments at their November 14, 2007 meeting and abstained from making a recommendation due to lack of information. The subject information was submitted to the CRA for review by WARC on Wednesday, November 7, 2007 by the Planning and Zoning Department. However, this information was not included in the member's packet; the Planning and Zoning Board recommended approval as discussed above. The City Attorney stated she is assuming how the ordinance is written is how Mr. Dorling would like it at the current time. She stated Mrs. Montague pointed out that on page 6, Section 5(E)(6) Development Standards/Demolition of the ordinance that staff may need to address the situation where an unsafe building or situation is created. Therefore, the City Attorney stated it should read: "Approvals for demolition shall not be granted until the redevelopment application has been approved. The demolition shall not occur until a building permit has been issued for the redevelopment unless the City determines an unsafe situation is created:' _27_ 12/I 1/07 Mr. Dorling stated he agrees that there needs to be some modification and reiterated that this was continued from the previous meeting. Mr. Dorling stated that was not the correct language recommended and referenced page 2 and 3 of the memo and noted that clause is not the correct language that was recommended by both Boards. Mr. Dorling stated there was additional language that said all structures approved for demolition and are awaiting issuance of a building permit shall be maintained in a manner similar to that in which it existed at the time of the application. The City Attorney recommended that staff needs to bring this back with the correct language so that everyone knows what they are voting on. The City Attorney recommended postponing the First Reading/First Public Hearing of Ordinance No. 55-07 to a date certain of January 3, 2008 with the corrected language inserted. The City Attorney and Commissioner Eliopoulos briefly discussed the Tampa case. Prior to the vote, Mayor Ellis returned to the dais and Commissioner McDuffie stepped away from the dais. Mr. Fetzer moved to postpone Ordinance No. 55-07 on First Reading/First Public Hearing to a date certain of January 3, 2008 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 57-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Section 4.4.24 (B)(12), "Principal Uses and Structures", which specifies the accessory uses and structures permitted in the Old School Square Historic Arts District (OSSHAD), to add all of the accessory uses that are also currently permitted in the Central Business District (CBD). If passed, a second public hearing will be scheduled for January 3, 2008. The caption of Ordinance No. 57-07 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 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED", TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF THE OSSHAD DISTRICT WHERE THE PERMITTED USES OF THE CBD ARE ALREADY ALLOWED; PROVIDING A SAVING CLAUSE, A _28_ 12/11/07 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Commissioner McDuffie returned to the dais and Commissioner Montague stepped away from the dais. Paul Dorling, Director of Planning and Zoning, stated currently there are principal permitted uses and structures that are allowed in the Central Business District (CBD) and are also allowed in certain geographic areas of the Old School Square Historic Arts District by LDR Section 4.4.24(B)(12). This amendment will add the accessory uses of the CBD associated with those principal CBD uses which include parking lots, dumpsters, provision of services and repair of items incidental to the principal use, storage of inventory, a single family residence, recreational facilities attendant to a multi- family residential development and single level mechanical parking lifts for in-Sll development projects. Mr. Dorling stated the City Commission made recent amendments to allow parking lifts on properties zoned OSSHAD (Old School Square Historic Arts District) That are subject to CBD (Central Business District) Design Guidelines. He stated in that same ordinance they were placed under "accessory uses" versus "principal uses". Therefore, he stated this language cleans that up and states that they are allowed as the City Commission initially intended. Mr. Dorling stated Pineapple Grove Main Street (PGMS) reviewed the amendment at their November 7, 2007 meeting and recommended approval; the Community Redevelopment Agency (CRA) reviewed the amendment at their November 8, 2007 meeting and recommended approval; the Downtown Development Authority (DDA) reviewed the amendment at their November 12, 2007 meeting and recommended approval; the West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval; the Planning and Zoning Board considered the subject LDR Amendment at its meeting of November 19, 2007 and voted unanimously with a 6 to 0 vote to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-07, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 57-07 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -29- 12/11/07 10.D. ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. The amendments intend to provide an objective way of providing compatible new development within the Ciry's five (5) historic districts. If passed, a second public hearing will be scheduled for January 3, 2008. (This ordinance was TABLED by the Planning and Zoning Board at their December 3, 2007 meeting.) Paul Dorling, Director of Planning and Zoning, stated this ordinance was originally advertised for this meeting. The ordinance went to the Planning and Zoning Board at their December 3, 2007 meeting and the Historic Preservation Board (HPB) at their December 6, 2007 meeting and staff anticipated that they would finalize and have a recommendation for the City Commission. Mr. Dorling stated each Board continued the item and the Planning and Zoning Board is scheduled to hear the ordinance at their December l7, 2007 meeting and the Historic Preservation Board is scheduled to hear it at their December 19, 2007 meeting. Mr. McDuffie moved to table Ordinance No. 38-07 on First Reading/First Public Hearing to January 3, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mc Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Montague returned to the dais. 10_E. ORDINANCE NO. 56-07: An ordinance amending Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 32.41, "Composition; Terms; Appointment", to clarify the composition of the Kids and Cops Committee. The caption of Ordinance No. 56-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 32.41, "COMPOSITION; TERMS; APPOINTMENT", TO CLARIFY THE COMPOSITION OF MEMBERS ON THE KIDS AND COPS COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-07 is on file in the City Clerk's -30- 12/11/07 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56-07, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 56-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:55 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ILA. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting Jayne King, representing the Chatelaine Homeowner's Association, complained about progress on the Chatelaine Neighborhood Improvement Plan stating that it had been approximately ten years for them getting their approved projects completed and some other complaints relative to that. The City Manager stated the City initially selected three neighborhoods to partner with under the Strategic Task Team Initiative (Delray Shores/Sudan, Rainberry Woods and Chatelaine) which were selected in October 2000. It began initially with Delray Shores/Sudan Neighborhood in setting up the committees and meetings that would be required to develop a consensus list of improvements that should be made to improve the livability of the neighborhood. Chatelaine was told that City resources would limit us to one neighborhood at a time during the planning phase since it involved monthly meetings with multiple department staff participating. Planning meetings with Chatelaine Homeowners Association began in November of 2001 and continued through January of 2003. Representatives of the Homeowners Association could not come to a consensus on several issues thus staff recommended that they work independently with the City to resolve some of their critical differences that would be necessary before consensus could be achieved. The Strategic Task Team Planning process resumed in February 2004 and we achieved consensus in May 2004. Staff proceeded with the formal writing of the Neighborhood Action Plan and developed a preliminary plan necessary for cost estimates for each item being recommended for funding. Hurricanes Jeanne and Frances delayed the process by three or four months. The Neighborhood Action Plan was approved by the City Commission in March 2005. Staff has proceeded to develop the formal working drawings and preparations of the bid process for the phase projects and most of them at this point have been completed. The City Manager stated he has a list of projects with the timelines and costs and he will forward the information to Ms. King. -31- 12/11/07 11.B. From the Public. 11.B.1. Matthew Grabham. 350 S.E. 71h Avenue, Delrav Beach, stated he wanted to follow-up on his previous concerns and emails regarding residents of the Marina District playing a role in surveying the district. At this point, the time being 9:58 p.m., the Commission moved back to Item 9.E. of the Regular Agenda. 9_E. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES: Consider a conditional use extension request to increase the building height to a maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, a proposed residential development pursuant to Land Development Regulations (LDR) Section 2.4.4.(F)(1) and (2), "Extensions". Atlantic Shores is located on the west side of S.E. 2"d Avenue, approximately 80 feet south of S.E. I ~` Street. (Quasi-Judicial Hearin Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie had no ex parte communications. Mrs. Montague stated she did speak with the applicant on the telephone. Mayor Ellis stated she received a voice mail. Mr. Eliopoulos and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-346 into the record. Mr. Dorling stated this is a consideration for a conditional use extension request to increase the building height to a maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores. The subject property is located on the west side of S.E. 2°d Avenue, just west of the tracks south of Atlantic Avenue. The property is a 0.85 acre site in the CBD and originally contained three buildings and those were demolished. The conditional use approval involved afive-story residential building with a 64 space parking garage on the ground floor and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The development will also include the installation of a swimming pool, deck, exercise room, library, club house, and restrooms located on the second and third floors of the building. Mr. Dorling stated the Class V site plan that was associated with this conditional use was designed utilizing the Downtown Design Guidelines. The Guidelines were modified on March 5, 2007 to be less stringent and therefore the Atlantic Shores project as currently designed exceeds the minimum setback requirements (LDR Section 2.4.4(F)(2) "Construction Has Commenced") The applicant has done some demolition of the site and is now requesting a two year extension and the rationale for the request is in the Agenda backup. Mr. Dorling stated the applicant blames Hurricane Wilma; however, he feels the marketing affects and the downturn in the market is the legitimate reason for -32- 12/11/07 this extension request. Staff recommends approval subject to the condition that the applicant seeds the site and waters it until the grass is established and that the perimeter fence be removed until construction is eminent so that we do not have the vacant parcels. Jason Mankoff, 102 North Swinton Avenue, Delrav Beach, representing the owner of the project, stated the project was initially approved under the Design Guidelines and it also exceeds the setback requirements of the latest Design Guidelines. He stated the Land Development Regulations (LDRs) do provide for an extension if substantial improvements have been made but the twenty-five percent (25%) automatic extension is not yet met. Mr. Mankoff stated the LDRs allow the City Commission to grant this extension based upon the developer's good faith and diligence. He stated this project has been delayed due to economic and market reasons but despite the soft market this is one project where the applicant has extensively marketed the project (i.e. real estate seminars in New York and Las Vegas). In addition, Mr. Mankoff stated the applicant has done emails, real estate conventions, print, and television ads. Mr. Mankoff stated they would like to keep the fence and they are willing to make the fence more aesthetically pleasing if it is not up to the standards of the City. He stated this site has been a dumping ground in the past as well as issues with loitering and liability issues and thus the reason the fence was installed. Mr. Mankoff stated they will be happy to do [he sodding but requests that the removal of the fence be deleted or amended that they work with staff in order to improve the aesthetics of the fence. He stated [he applicant has allowed the City to do fire training at this property and is always willing to help the City wherever possible. He urged the City Commission to support the approval for the extension. Alice Finst, 707 Place Tavant, Delrav Beach, stated this was originally approved for a conditional use almost two years ago by a different City Commission. She stated she read over this very carefully and sees no mention of workforce housing. After brief discussion, Mayor Ellis stated she would like to make a condition as recommended by the Planning Director that the fence be aesthetically desirable. fence. Mr. Eliopoulos confirmed that this would be a black vinyl coat chain link Mrs. Montague asked if all of these sites from this point forward have to be sodded as well as fenced. Mr. Dorling stated staff will look at these at a case-by-case basis but he believes this is a standard that we should strive to achieve that they be grassed and watered in. Mrs. Montague asked if the there is something in the workforce housing ordinance that makes it retroactive or is it only for the new construction. Mr. Dorling stated it does not make it retroactive. -33- 12/11/07 The City Attorney stated the condition should read as follows: "the applicant has the site seeded and watered until the grass is established, and the perimeter construction fence be removed or, if left in place, beautified with a black coated chain link fence or similar aesthetic fencing until construction is imminent." The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). The City Attomey stated the Commission approves the conditional use request subject to the condition that the applicant has the site seeded and watered until the grass is established, and the perimeter construction fence be removed or, if left in place, beautified with a black coated chain link or similar aesthetic fencing until construction is imminent (Exhibit "A") which allows the conditional use approval to be valid until January 3, 2010. Mr. McDuffie asked if the condition could include the words "and watered until the grass is established, and the grass be maintained..." The City Attorney noted the condition will be changed to add this correction. Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. Fetzer. 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 with a 5 to 0 vote. 9_F. WAIVER REQUESTS/HAMMAD SHOPPES: Consider two (2) waiver requests associated with the Class III Site Plan Modification for the property located at 139 N.W. 5'h Avenue, Hammad Shoppes, West Settlers Historic District. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex pane 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 #2008-024 into the record. Mr. Dorling stated this is a request for two waivers from LDR Section 4.4.13(F)(I)(a) and 4.6.16(H)(3)(d). The first requires that the overall height of buildings be a minimum height of twenty-five (25 feet) and the second requires a five foot (5') landscape strip between off-street parking areas or other vehicular use areas and abutting properties. The development proposal consists of the construction of a 1,072 square foot rear addition to the Hammad Shoppes located at 139 N.W. 5`h Avenue. 34 - 12/11/07 At its meeting of December 6, 2007, the Historic Preservation Board (HPB) considered the site plan and recommended approval. The Board also considered the two waiver requests and they recommended approval of both. Mr. Dorling stated the new addition has a height of seventeen feet, three inches (17' 3") and is consistent with the height of the existing structure. The CBD design guidelines, LDR Section 4.4.13(F)(1)(a), require that all structures have a minimum height of twenty-five feet (25'). Staff recommends approval of both waivers. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. 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). Mrs. Montague moved to adopt the Board Order (approving the waivers) as presented, seconded by Mr. McDuffie. 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 with a 5 to 0 vote. 9.G. WAIVER REQUESTS/COMMUNITY LAND TRUST, INC.: Consider a request for waivers of Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record," and Section 4.7.12, "Other Incentives", governing the use of 40 foot lots under the Workforce Housing Ordinance for four (4) parcels submitted for permitting by the Community Land Trust, lne. The properties are located at 313 S.E. 5°i Street, 317 S.E. 5'h Street, 46 N.W. 11`h Avenue and 48 N.W. 11`h Avenue. (Quasi Judicial Heariu~ Mayor Ellis stated there will be four votes on this item and one Quasi- Judicial Hearing. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex pane communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this is a waiver request to LDR Section 4.1.4(D) and 4.7.12, Other Incentives, governing the use of 40- foot lots under the Workforce Ordinance for four (4) parcels submitted for permitting by the Community Land Trust. The properties are addressed as 313 S.E. 5`h Street, 317 S.E. 5`~ Street, 46 N.W. 11`~ Avenue, and 48 N.W. 11`~ Avenue. 35 - 12/11/07 Mrs. Butler stated the Workforce Housing Ordinance was amended in April 2006 to include an incentive added to induce the construction of workforce housing units in the City of Delray Beach. Housing units constructed on 40-foot lots must include rear access via an alley, if available, and contain certain design features that are prescribed within the language of the ordinance. The four units submitted for permitting do not meet the requirements specified under Section 4.1.4(D) and 4.7.12. The units proposed to be constructed are not consistent with the designs and sketches specified in the approved Workforce Ordinance. The Community Land Trust (CLT) has indicated that the designs contained within the ordinance will substantially increase the cost of the construction, making the units less affordable. Staff is in the process of amending the ordinance and will bring something back to the Commission. Mrs. Butler stated LDR Section 2.4.7(B)(5) allows the City Commission to consider the waiver request with a finding of fact that the granting of the relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. Staff recommends approval of waivers to Section 4.1.4(D) and Section 4.7.12 of the LDRs governing the use of 40-foot lots associated with Workforce Units with the finding of fact pursuant to Section 2.4.7(B)(5). Mayor Ellis asked if there are an inordinate number of these 40-foot lots. In response, Mrs. Butler stated this will make a total of six 40-foot lots that the CLT has requested to build on. Mr. Eliopoulos asked for clarification regarding the alleys. Mrs. Butler stated the alleys are unimproved not abandoned. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Kymenski Kemp, 1459 West Bexley Park Drive, Delrav Beach (Development Manaeer for the Community Land Trust), stated there are a number of these 40-foot lots and they have successfully completed homes. He stated with regard to these lots in question, there are families who have selected homes and they are just waiting approval so they can actually commence construction on these homes and move the families in by Easter 2008. There being no one else who wished to address the Commission regarding the waiver requests, the public hearing was closed. The City Attorney stated instead of doing four separate Board Orders on the same findings these waiver requests will be for 313 S.E. 5`~' Street, 317 S.E. 5"' Street, 46 N.W. 11`~ Avenue, and 48 N.W. 11~' Avenue. She stated the City Commission will need to make findings as to all these and whatever vote they have on this all the copies of the Board Orders will be conformed to this vote. The City Attorney briefly reviewed the Board Orders with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -36- 12/11/07 Mr. Eliopoulos moved to adopt the Board Order and allow the City Attorney to conform other Board Orders to this vote, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mc McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. WAIVER REQUEST/SPADY CULTURAL COMPLEX: Consider a waiver request associated with the Class IV Site Plan Modification for the property located at 154 -170 N.W. 5`" Avenue, Susan Williams House and Spady Cultural Complex, located within the West Settlers Historic District. (Quasi-Judicial Hearing) Mayor Ellis stated Item 9.H. will be combined with Item 9.1. and there will be one Quasi-Judicial Hearing. Staff will take testimony and statements on both and there will be two votes. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex pane communications. The Commission had no ex pane communications [o disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-386 and #2006-163 into the record. Mr. Dorling stated the waiver requests are to LDR Section 4.4.13(F)(1)(a) which requires that the overall height of buildings to be a minimum of 25 feet pursuant to LDR Section 2.4.7(B)(5). On May 2, 2007, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness and Class IV Site Plan Modification which included the construction of an outdoor amphitheater having an overall maximum height of sixteen feet six inches (16' 6") and atwo-story ancillary building having a maximum height of twenty-four (24'). He stated with that approval they also considered waivers to these sections and it is now before the City Commission. Staff finds that in this situation it does not appear appropriate given the surrounding development to require a taller addition when existing structures on-site are of lesser height. Mr. Dorling stated as indicated in the previous waiver request, the minimum of twenty-five (25') is most appropriate in the CBD areas and in the downtown areas and should be considered on a case-by-case basis particularly in the historic districts. He stated as an additional item, the original conditional use is up for renewal and their approval will lapse on January 3, 2008 and they are requesting an 18 month extension. There was significant discussion of the amphitheater at the time of the original approval and staff requests that these original conditions be applied. Mr. Dorling stated these conditions were discussed at length with the applicant when they originally received their conditional use approval and they were in agreement with them. -37- 12/11/07 Mayor Ellis stated if anyone would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding [he waiver request, the public hearing was closed. 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 [he minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9_I. CONDITIONAL USE EXTENSION REQUEST/SPADY CULTURAL COMPLEX: Consider a conditional use extension request for 154 - 170 N.W. 5" Avenue, Susan Williams House and Spady Cultural Complex, located within the West Settlers Historic District. (Quasi-Judicial Hearing) This item was conducted as one hearing with Item 9.H. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). The City Attorney stated the Commission has approved the conditional use extension request to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until July 3, 2009. Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.J. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2006 - 2007 bonus payment to JCD Sports Group for both golf operations in the amount of $12,206.25 and for Tennis Center operations in the amount of $3,795.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/Stadium/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated Commission is requested to consider this bonus payment. He stated by contract, JDC Sports Group, Inc. is eligible for up to I S% of the annual base fee for meeting annual performance measures for each golf course (Municipal and Lakeview) and the tennis faci]ity. Performance measures are weighted by points with 100 points total with the ability to receive an -38- 12/11/07 additional 25 bonus points for special projects such as hurricane clean up and other actions. Staff recommends 22 bonus points for the Delray Beach Golf Course since the monthly Mystery Shopper average score was 90% and the comment card average for service was 4.6 of a possible 5. Staff also recommended 20 bonus points for the Lakeview Golf Course since the average Mystery Shopper score was 90% and recommended 16 bonus points for Tennis Operations since the monthly Mystery Shopper score was 85% and the City of Delray Beach did not host a FED Cup TIE. Mr. Fetzer moved to approve the bonus payments to JCD Sports Group for golf and tennis operations per staff's recommendations, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuff e -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.K. SPECIAL EVENT PERMIT REQUEST/BOWFIRE CONCERT/OLD SCHOOL SQUARE: Consider approval of a pepnit request for the Bowfire Concert sponsored by Old School Square proposed from 8:00 p.m. to 10:00 p.m. on January 1 I, 2008, at Old School Square; authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event signage; authorize reserved parking in the Old School Square Parking Garage; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. Robert A. Barcinski, Assistant City Manager, stated this is a request from Old School Square regarding the proposed concert (Bowfire Concert) to be held from 8:00-10:00 p.m. on January 11, 2008, to authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4' x 4' event signage, authorize reserved parking in the Old School Square Garage, Federspiel Garage, City Hall lots and the CRA lot on N.W. Is` Avenue and waiver permit fees and costs for City services. The estimated cost for staff overtime is $1,600.00 and trash box costs are $350.00. Based on event policies and procedures, the estimated amount due to the City would be $560.00, which is being requested to be waived. Staff recommends approval of the permit for this event, staff assistance as required, event signage and reserving the Old School Square Garage for concert use only; contingent on the receipt of certificates of insurance and a signed hold harmless agreement. Staff does not recommend a waiver of any of the fees. Mrs. Montague moved to approve the permit for this event per staffs recommendations (no waiver of fees), seconded by Mr. McDuffie. 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 with a 5 to 0 vote. -39- 12/11/07 9_L. SPECIAL EVENT PERMIT REQUEST/HERE AND NOW CONCERT (THE LEGACY OF LUTHER VANDROSS)/OLD SCHOOL SQUARE: Consider approval of a permit request for the Here and Now: The Legacy of Luther Vandross Concert sponsored by Old School Square proposed from 8:00 p.m.to 10:00 p.m. on January 31, 2008, at Old School Square; authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event signage; authorize reserved parking in the Old School Square Parking Garage; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Here and Now: The Legacy of Luther Vandross Concert sponsored by Old School Square proposed from 8:00-10:00 p.m., on January 31, 2008, to authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4' x 4' event signage, authorize reserved parking in the Old School Square Garage, Federspiel Garage, City Hall lots and the CRA lot on N.W. ls` Avenue and waive permit fees and costs for City services. The estimated cost for staff overtime is $1,600.00 and trash box costs are $350.00. Based on event policies and procedures, the estimated amount due to the City would be $560.00, which is being requested to be waived. Staff recommends approval of the permit for this event, staff assistance as required, event signage and reserving the Old School Square Garage for concert use only, contingent on the receipt of certificates of insurance and a signed hold harmless agreement. Staff does not recommend a waiver of any of the fees. Mr. Barcinski stated Old School Square is teaming up on this request as a fundraiser to help out Roots. Mrs. Montague moved to approve the permit for this event per staff's recommendations (no waiver of fees), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.M. AUTHORIZATION TO FILE COMPLAINT FOR INJUNCTIVE RELIEF/LYDIA R. SMILEY: Consider a request authorizing the City to file a Complaint for Injunctive Relief against Lydia R. Smiley for failing to comp]y with Section 91.02(A) of the Code of Ordinances pertaining to keeping poultry on residential property when it is prohibited. Terrill Pyburn, Assistant City Attorney, stated this is a Code Board case where there was a violation. The homeowner had poultry chickens that were being kept on the property and she was cited by Code Enforcement numerous times since October 2006. She is still not in compliance and the liens and fines have accrued on the property and therefore Code Enforcement feels the best way to remedy the situation is to seek injunctive relief through the Court system. -40- 12/11/07 Mrs. Montague moved to approve to file a complaint for injunctive relief against Lydia R. Smiley, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPEAL OF FEMA FUNDING DETERMINATION FOR HURRICANE FRANCES: Consider a request authorizing the City to appeal the decision made by FEMA through their audit process, that the City received approximately $495,000.00 in funds that was an overpayment from FEMA. Brian Shutt, Assistant City Attorney, stated FEMA reimbursed the City of Delray Beach for expenses the City incurred in deposing of hurricane debris for Hurricane Frances. He stated subsequent to the reimbursement in 2005, the City in its own internal audit, uncovered some expenses which FEMA questioned the contractor the City used with regard to the bilhng procedure (unit prices versus total amount) in hauling the debris from the street to a temporary debris site and then onto a landfill. The City of Delray Beach stated they made FEMA aware of that. These findings were passed along to the State Emergency Management Project Officer who verbally recommended that the charges be accepted as the total cost was fair and equitable. In October 2007, FEMA performed its final audit of the project and determined that the over-billed amount of $495,000.00 should be repaid to FEMA. Mr. Shutt stated staff is seeking approval from the City Commission to file an appeal and they met with FEMA yesterday. The City Attorney stated the City has deadlines to file this appeal. Mr. McDuffie moved to approve the appeal of FEMA funding determination regarding the $495,000.00 overpayment, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9_O. SETTLEMENT OFFER/OUIET TITLE ACTION/CHARLES POWELL V. THE CITY: Consider approval of a Settlement Offer in the amount of $485.85 in the Quiet Title Action of Charles Powell v. the City. Staff recommends approval subject to the receipt of the appropriate releases. Brian Shutt, Assistant City Attomey, stated Mr. Charles Powell has filed a Quiet Title Action against the City of Delray Beach. Mr. Shutt stated Mr. Powell owns a lot in the Silver Terrace subdivision. Prior to his ownership, there were six nuisance abatement liens that were filed on this property between 1993 and 1995. At that time, the City's expenses that we incurred to abate the nuisance were for mowing the grass, etc. as well as the recording fee came to approximately $441.09. Mr. Powell is offering to pay the City of Delray Beach $485.85. Under the City's nuisance abatement ordinance, the City charges interest when the liens are not paid. The total amount for the six liens on this property to date is $2,033.00. -41- 12/11/07 The City Attorney stated Mr. Powell would like to pay the actual cost and he was not the owner of the land when the nuisances occurred. Mr. Eliopoulos moved to approve the Settlement Offer in the amount of $485.85 in the Quiet Title Action of Charles Powell v. the City of Delray Beach, seconded by Mrs. Montague. 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 with a 5 to 0 vote. 9.P. RESOLUTION NO. 71-07: Consideration of Resolution No. 71-07 regarding the City pursuing measures to become a "Green Local Government" using the Green Local Govemment Standard developed by the Florida Green Building Coalition. The caption of Resolution No. 71-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM. (The official copy of Resolution No. 71-07 is on file in the City Clerk's office.) Doug Smith, Assistant City Manager, stated this is consideration of a resolution regarding the City pursuing a Green Local Government designation through standards that have been put together by the Florida Green Building Coalition. He stated this has been a process that has been supported by the Florida League of Cities and the process involves undergoing a review on a list of criteria that this Coalition has established where you look at each function of local government and rate yourself on different criteria (i.e. how many alternative fuel vehicles you have in place). He stated each of those is worth a certain number of points and the process could be helpful just as an evaluation to gauge where the City falls on different items. Mr. Smith stated with input from the Green Task Force (appointments to the Green Task Force will be January 3, 2008), the City can look into pursuing one of the certifications based on how many points the City is able to eam. Mayor Ellis stated this is a good measure for the City to determine where they are and where they want to be. -42- 12/11/07 Mrs. Montague moved to approve Resolution No. 71-07, seconded by Mr. McDuffie. 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 with a 5 to 0 vote. U.S. 1 CORRIDOR/TEMPORARY IMPROVEMENTS: Consider approval of the implementation of the proposed temporary improvements along SE/NE 5°i Avenue and SE/NE 6'" Avenue between SE 10`x' Street and George Bush Boulevard. Cost of temporary installation not to exceed $670,000.00. Funding will be provided by the Community Redevelopment Agency (CRA). Randal Krejcarek, City Engineer, stated this item is for Commission approval to move forward with the temporary installation of improvements along US-1 between S.E. 10'" Street and George Bush Boulevard. Mr. Krejcarek stated these temporary improvements involve taking the six lane corridor down to a four lane corridor so that staff can measure the after data for the traffic and various components that relate to the traffic on that corridor to the before data that staff took last year. Mr. Krejcarek gave a brief PowerPoint presentation and stated in 2004 the City of Delray Beach hired Kimley-Hom and Associates to do a study and these were the five objections of that study: (1) beautify the corridor, (2) create apedestrian-friendly environment, (3) safety, (4) speeds were a concern (5) maintain the vehicular capacity of the corridor. He stated with regard to creating apedestrian-friendly environment, counts were taken both on southbound Federal Highway and northbound Federal Highway and staff found that the highest concentration of crossings were across Federal Highway which is currently a four lane facility. He stated staff looked at safety and noted that the highest number of crashes is right at those two intersections with Atlantic Avenue which is southbound Federal Highway and northbound Federal Highway. Staff also considered speeds in the study and discovered that the 50`" percentile is 41 mph and is consistent throughout the corridor. Mr. Krejcarek stated with regard to capacity, currently three lanes give a capacity somewhere around a little over 3,000 vehicles per hour. He explained that by going from two lanes to three lanes they are not giving up capacity and still have ample room for growth. In 1998, Mr. Krejcarek stated the Florida Department of Transportation (FDOT) studied this corridor and came up with the suggestion that the 20/20 projections would be around 32,000 vehicles. FDOT also recommended a growth rate of between .5% percent and 1% percent in vehicles on an annual basis. He stated data was taken by the County between 2004-2007 during peak season and there is only one section between 10'" and Atlantic Avenue that is growing at about one (1%) percent and the rest are actually declining from about four percent (4%) to eight (8%) percent. Mr. Krejcarek stated the closer you get to downtown the more important it is to have wider sidewalks to encourage pedestrian movement. He stated staff is trying to accomplish this by changing the sidewalk width to eleven feet (11') and still have parking and still maintain the bike lane. - 43 - ]2/I1/07 Mr. Krejcarek stated staff would like to go back to FDOT to get a permit modification to do this on a temporary basis. He stated staff is going to install curbing on Atlantic Avenue but it will more on a temporary side of curbing so that we encourage the pedestrians to get out as far as they can so they have a shorter distance to cross as possible. He stated northbound and southbound Federal Highway would look exactly the same. As you get farther away from the core downtown area, Mr. Krejcarek stated the City would maintain the sidewalks, maintain parking on the outside and add parking on the inside by putting in the "Tuff Curb" in order to create the third lane into a parking lane. Mayor Ellis clarified that going from George Bush Boulevard to S.E. 10`h Street at that point there is a natural transition back to the two lanes. Mr. Krejcarek stated this is correct. Mr. Fetzer inquired about the length of the trial period. Mr. Krejcarek stated it is staff s intent to try and get the temporary put in as quickly as possible. He stated with regard to the timeframe, staff is hoping to get this in around January 2008 so that they can gather data in April 2008. Mr. Krejcarek stated staff took the before data last April. He stated staff hopes to start the design in July 2008 with construction beginning the following year (4`~' to 4`~') and the remainder of it would be kept in place and work out as the money becomes available and noted there are three phases. Mr. Fetzer asked if there is a way that FDOT would allow the City to do a trial on a shorter section (i.e. 4`~ to 4"'). Mr. Krejcarek stated staff had lengthy discussions with FDOT regarding this and their main concern was when the vehicles get back to the three lane section everyone is going to speed up and we are going to see that 85th percentile speed go up. FDOT's other concern was that when that speed starts going up you start getting into the safety concerns and [hey felt the crashes would also increase. Therefore, Mr. Krejcarek stated FDOT was adamant about S.E. 10`h Street to George Bush Boulevard. Mayor Ellis stated she feels we have an unsightly expressway that goes through our town. She stated when you look at the landscaping and sidewalk possibilities and allow people to cross the street without taking their life into their hands, she is convinced that this is the way to go. Mayor Ellis stated there will be data coming back to the City. Mr. Fetzer stated he understands that the City received a grant; however, if the City does this on a permanent basis all the way from George Bush Boulevard to S.E. ]0`h Street is going to be very costly. Mr. Krejcarek stated this is why he displayed Option #3 and Option #2 because he believes the costs are going to be greater as we are closer to Atlantic Avenue because one of the goals is to increase pedestrian movement and thus the reason for creating wider sidewalks. He stated as we get farther out the curbs will not be moved and feels this will help to bring the costs down a little. Mr. Eliopoulos stated the only way to slow down cars is by doing this. He feels we are going to have some of these costs that may be able to be offset with some of these developers as they come on line. Mr. Eliopoulos stated he concurs with -44- 12/11/07 comments expressed by Mr. Fetzer that it is going to be unsightly but he would rather see that than doing something so permanent that many people might still have questions about what the City is doing and may not want to see it happen. He supports this on a temporary basis and in his opinion feels in the long run, this is going to be the best thing for the City. Mayor Ellis concurred with comments expressed by Mr. Eliopoulos. Mrs. Montague stated this is something we have been talking about for years. She stated studies were done and Charettes were done along with public input so it has been a process. Mrs. Montague stated the goal is to not only slow down the traffic but it is one of the few areas on Federal Highway where there are three lanes. She stated the City is also trying to connect east with west (i.e. AlA to 1-95). She stated she sees this as a Phase I that is going to be a permanent change. Mrs. Montague stated she does not see this as $670,000 for something temporary and noted that it is a behavior modification in addition so by the time we get to the permanent thing people will be used to it and she feels the City is going to thrive from this. Mr. Eliopoulos stated as the traffic is slowed down he feels stores and/or activities will occur on Federal Highway that will survive. He feels over time this will reinforce a lot of things with regards to the City's economics downtown. Mrs. Montague moved to apsprove the implementation of the proposed temporary improvements along S.E./N.E. 5` Avenue and S.E./N.E. 6`h Avenue between S.E. 10"' Street and George Bush Boulevard, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - No; Mr. McDuffie -Yes. Said motion passed with a 4 to 1 vote, Mr. Fetzer dissenting. At this point, Mayor Ellis stated the Commission has to have a motion to continue the meeting past 11:00 p.m. Mr. McDuffie moved to approve to continue the meeting past 11:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, Commissioner McDuffie stepped away from the dais. 9.R. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) regular members to the Kids and Cops Committee to serve two (2) year terms ending November 30, 2009. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). 45 - 12/11/07 Mayor Ellis stated she would like to reappoint Jennifer Buce as a regular member to the Kids and Cops Committee to serve a two (2) year term ending November 30, 2009. Mrs. Montague so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to reappoint Caroline "Cory" Cassidy as a regular member to the Kids and Cops Committee to serve a two (2) year term ending November 30, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to reappoint Officer Francis Moschette as a regular member to the Kids and Cops Committee to serve a two (2) year term ending November 30, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_S. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Diane Franco as a regular member to the Downtown Development Authority (DDA) to serve an unexpired term ending July 1, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 11:18 p.m., Commissioner McDuffie returned to the dais and the Commission moved to Item 9.U. of the Regular Agenda. 9_U. PURCHASE AWARD/MWI CORPORATION: Consider approval of a purchase award to MWI Corporation in the amount of $46,692.00 for a replacement storm water pump at the Thomas Street Pump Station. Funding is available from 448- 5461-538-68.18 (Stormwater Utility Fund/Storm Water Pump St Rehab). The City Manager stated a pump has failed in the Thomas Street Pump Station and the lead time on the pump is approximately 16 weeks. He stated the vendor recommended a stainless steel replacement and noted the pump that was in there was stainless steel and was purchased in 1988. However, the cost is approximately $75,000.00 and the City has had good luck with pumps that have a "Cor-Ten" steel which is a epoxy coated product which is approximately $46,000.00. Staff recommends an award to MWI Corporation in the amount of $46,692.00 for the purchase of a new storm water pump for Thomas Street Pump Station. -46- 12/11/07 Richard Hasko, Director of Environmental Services, stated the City has had that material of pump in other storm water pump stations for ten or more years. He stated staff has had very good luck with them and all the pumps are still in service and are in good condition. Mrs. Montague stated the storm water pump that just broke lasted twenty years and asked if the other pumps are functioning without a problem over the last ten years. In response, Mr. Hasko stated the pumps are all working fine and noted that they are on the City's maintenance rotation. He continued to state that staff has experienced no failure and no noticeable deterioration. Mayor Ellis commented that this must be "they don't built it until you buy it" kind of scenario. Mr. Hasko stated for pumps and equipment of this nature it is all custom made. MWI Corporation supplied and built the original pump; staff would be spending more time and money by going to another vendor. Mr. Hasko stated staff is going to salvage the motor from this installation and just replace the pump. Brief discussion by the Commission followed Mr. Fetzer moved to approve the award to MW[ Corporation in the amount of $46,692.00 for the purchase of a new storm water pump for Thomas Street Pump Station, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:20 p.m., the Commission moved back to Item 9.T. of the Regular Agenda. 9.T. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). Mr. McDuffie moved to appoint Ria Santos as a regular member from Zone Ito the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12_A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manaser _47_ 12/11/07 The City Manager stated with regard to a question from Mr. Eliopoulos regarding the Parks and Recreation Director position, the City received 105 applicants. Staff has narrowed this down to seven applicants including a couple of in-house applicants and an interview panel will convene in mid-January 2008. 13.B. City Attorney The City Attorney stated there was an inquiry made as to whether or not the City of Delray Beach would be interested in purchasing some property located on the west side of N.W. 2nd Avenue approximately 300 feet north of N.W. I" Street. She stated this is approximately 4.83 acres of land and there are six units on this property and it is near the Tennis Center. The City Attomey asked the City Commission for direction and stated this would come back for formal votes with regard to the contracts and advertising would also be required. Mrs. Montague inquired about whether the units have tenants. The City Attorney stated all but one unit has tenants and they rent month-to-month. The City Manager stated his understanding is that the Community Redevelopment Agency (CRA) has put out an RFP (Request for Proposal) and they are soliciting proposals from both entities and the City expects to piggyback on their proposal to continue renting these until such time as we have other need of the property. It was the consensus of the Commission to move forward 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer asked why the City did an early retirement offer to the previous Director of Parks and Recreation if we had intentions of filling that position. The City Manager stated there are some positions that have not been filled and there are always some people that fall into that category. The City Manager stated there are some internal applicants and he would have to see whether or not they would have to be replaced if they were promoted internally. He stated in most cases where you bring someone on you are bringing on someone with considerably less pay. 13.C.2. Mr. Eliopoulos With regard to a comment expressed by Mr. Grabham, Mr. Eliopoulos stated whatever information that is being gathered for the residents in the Marina District he thought maybe we should not be doing this. He stated because of the potential lawsuit involving Claudia Willis he does not think it is right to have them doing anything at the moment. -48- 12/11/07 The City Manager stated his understanding is that they are gathering information which will be given to a professional. 13.C.3. Mr. McDuffie Mr. McDuffie echoed comments expressed by Commissioner Eliopoulos. Secondly, he stated he is concerned about the crime at Osceola Park and commented about the shooting on 6`~'. The City Manager stated it appears there are two or three different groups and noted that there is a meeting set for Friday, December 7, 2007 with a group of people from that neighborhood. He stated there are others that have asked for meetings who do not know that this meeting is taking place. The City Manager stated he will be meeting with Chief Schroeder, Mrs. Butler and others from the neighborhood on Friday. Mr. McDuffie stated he has been on the Board of Directors of the Delray Beach National Little League for approximately 15 years and during this time a number of times they tried to negotiate with Delray Beach American Little League to become one little league in Delray. He stated it is a positive thing for Little League, a positive thing for the City of Delray Beach, and brings the community together. Mr. McDuffie stated the current President of the Delray Beach National Little League and the current President of the Delray Beach American Little League have gotten together and they have agreed to play a season together with two different charters. Mr. McDuffie stated he hopes that we end up with one single Little League in Delray Beach. He briefly discussed the fees charged for kids to play and noted there are many things that the Delray National players get that the Delray Beach American League players do not (paid umpires versus volunteer umpires). He stated sponsorships are sold for each team and it is very difficult to get two sponsors for a single team because the sponsor wants their name on the jersey and the recognition the advertising that they get from the kids running around on the field with their name on the jersey. Mr. McDuffie stated he is not sure if there is anything in the City's ordinances that would prohibit private advertising within the baseball fields themselves (i.e. selling removable banners on the outfield fences, etc.). He stated there is a possibility that we could raise enough to level the fee that we are charging each of these kids to play and make it more attractive to the Delray Beach American Little League families and maybe attract more in than they are getting in right now. The City Manager stated at the Delray Beach Housing Authority (Carver Estates) there was a baseball field the "Ted Bush Field" and now since that is being redeveloped (the City has not been able to get this included) but the City of Delray has received a donation of $38,000.00 to make improvements to the Little League fields at Pompey Park and field one will be named in honor of Ted Bush. The City Manager stated they are going to re-do the batting cages, the infield, and the lighting with that money. -49- 12/11/07 Mr. McDuffie stated there was a great article in the Sun-Sentinel regarding the City's garages. He commented about Florida Public Radio and sober houses. Mr. McDuffie stated Spady Museum was great. He stated there were some very positive comments about the Delray Boat Parade and the fact that Boca Raton cancelled theirs. Following the City Manager's comment on Chatelaine, Mr. McDuffie stated he met with Jayne King, Alice Finst, and Cliff Durden and laid out a list of things in detail they wanted to discuss with him about what the City Manager was talking about earlier in the meeting. Mr. McDuffie stated he passed that on to Lula Butler and she will get back with him regarding the plan. 13.C.4. Mrs. Montaaue Mrs. Montague stated she attended an event at Pineapple Grove and stated this area has become such an art center and noted that City Walk is beautiful. She stated she was asked if there is a description for the Green Task Force and the professional backgrounds that they are looking for. 13.C.5. Mayor Ellis Mayor Ellis wished everyone a Happy Holiday and commented that the parade was really fun. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of: Del Boca Vista, LLC, et al. v. City of Delray Beach Case No. 07-80452-CIV-Middlebrooks Attendees: Mayor Rita Ellis Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague City Manager David Harden City Attomey Susan Ruby Assistant City Attorney Terrill Pyburn A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. -50- 12/11/07 15. SETTLEMENT OF: Del Boca Vista, LLC, et al. v. City of Delray Beach Case No. 07-80452-CIV-Middlebrooks The City Attorney stated she had received direction. No vote was needed at this time. There being no further business, Mayor Ellis declared the meeting adjourned at 12:13 a.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 11, 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 ofScial Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 51- 12/11/07 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the denial of the building elevations by SPRAB of the Pediatrics by the Sea Project located at 285 SE 5'" Avenue. This appeal comes before the City Commission on December 11, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of the building elevations by SPRAB for the Pediatrics by the Sea Project. All of the evidence is part of the record in this case Subsections I and II. COMPREHENSIVE PLAN: REQUIREMENTS MET? Required findings are made in accordance with ARE THE COMPREHENSIVE PLAN is the denial of the building elevations consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes X No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. Pursuant to LDR Section 4.6.18(8)(2) and (3), all facades visible to public or adjacent property shall be designed to create a harmonious whole: Materials shall express their function clearly and not appear as a material foreign to the rest of the building. Pursuant to LDR Section 4.6.18(6)(4), to be harmonious, it is not to be inferred that buildings must look ~.A alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. Are these requirements met? Yes X No~ Pursuant to LDR Section 4.fi.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. 1f the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Are these requirements met? Yes X No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves X denies the appeal, with the condition(s) as provided in Exhibit "A°, and hereby adopts this Order this 11~" day of December, 2007, by a vote of 5 in favor and 0 opposed. </~~~~~~~ Rita Ellis, Mayor ATTEST: ~o~~ChevelleNubin log/i3J~OO7 City Clerk 3 EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Pediatrics by the Sea Project That the corrugated metal siding be replaced with cementitious siding. 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR PEDIATRICS BY THE SEA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver requests have come before the City Commission on December 11.2007. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Pediatrics by the Sea Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant has requested a waiver from the minimum building height. Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along SE 5'" Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE 3rd Street and SE 5'" Avenue. The proposed building addition encroaches approximately 10 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The western and southern elevations of the building addition do not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not Ifmlted to gas, electric power, telephone, and CAN cables shall be located underground throughout the development. The applicant has requested a waiver from this requirement to maintain the existing overhead service utilities. 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: Q.3 (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. Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 15 feet comply with the requirements of 2.4.7(6)(5)7 Yes 5 No 0 Would the waiver of Section 4.4.13(F)(4)(f)(1) comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 Would the waiver of Section 4.6.14, subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight, to allow the building to encroach 10 feet into the visibility triangle comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 Would the waiver of Section 4.fi.18(B)(14)(iv)(2) comply with the requirements of 2.4.7(6){5)? Yes 5 No 0 Would the waiver of Section 6.1.8 comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.4.13.(F}(1)(a) (reduce minimum height from 25ft to 15 ft X 4.4.13.(F}{4)(f)(1) (eliminate paving requirement) X 4.6.14 (encroach 10ft in visibility triangle} subject to DOT approval" X 4.6.1803){14)(iv){2} (waive minimum glass area) X 6.1.8 (waive requirement to place utilities underground) X 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11~' day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Itis, Mayor ~or. Chevelle Nubin, City Clerk ~ rs~a0o7 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ONNEN DISASTER AND RECOVERY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Onnen Disaster and Recovery Center Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection f. WAIVERS: Pursuant to LDR Section 4.4.13(F)(4)(f}(1), the front setback area shalt be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of--way. The front setback area (the area between the building and the property line along NE 4th Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. Pursuant to LDR Section 4.6.14, a 20-foot visibility triangle is required at the intersection of the driveways and NE 4~" Avenue. The screening walls and columns of the building encroach approximately 15 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. Per LDR Section 4.6.18(l3)(t4)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The eastern elevation of the building does not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. Pursuant to LDR Section 2.4.7{B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not signifrcantly 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 an other property for another applicant or owner. Would the waiver of Section 4.4.13(F)(4)(f)(1) eliminate paving along front setback to sidewalks comply with the requirements of 2.4.7(6)(5)? 4c Yes 5 No 0 Would the waiver of Section 4.6.14, to allow the building to encroach 15 feet into the visibility triangle comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 Would the waiver of Section 4.6.18(6)(14}(iv)(2} glass fronts eliminating paving along front setback to maintain sidewalks comply with the requirements of 2.4.7(6)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.4.13.(F)(4)(f)(1) {eliminate paving requirement) x 4.6.14 (structure to encroach 15 ft in visibility triangle) x 4.6.18(6){14)(iv)(2) (waive minimum glass area) x 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11'" day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Ilis, Mayor ~'• Chevelle Nubin, City Clerk~~j~a~7 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR WALMART ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This wnditional use request has come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Walmart. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections 1 and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Man: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 4 No 1 b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application wilt not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 4 No 1 qn c. Housing Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. is the project consistent wtth Housing Element Policy A-12.37 Yes 4 No 1 11. LDR REQUIREMENTS: a. LDR Section 2.4.5(EI Reaulred Findings: !Conditional Use): Pursuant to Section 2.4.5(E}(5}, in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevebpment of nearby properties. Will the requirements of LDR Section 2.4.5(E) be metT Yes 4 No 1 b. LDR Section 4.3.3(W) 24-Hour or Late Nistht Businesses: In additicn to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shalt be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential 2 properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Will the requirements of LDR Section 4.3.3(Y1n be met? Yes 4 No 1 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record inGuding but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire recorci before it, the City Commission approves X denies _ the conditional use request subject to conditions attached hereto and hereby adopts this Order this 11~' day of pecember, 2007, by a vote of 4 in favor and 1 opposed. n L~Gc~o Rita Ilis, Mayor ATTEST: Chevelle Nubin City Clerk 3 CONDITIONS 1. That the external security patrol be extended from 7:00 a.m. to sunrise, seven days a week. 2. That the location and coverage of the exterior cameras are provided on the plans and that the property has 100% camera coverage. 3. That the gaps between the existing and proposed trees are filled in with Crepe Myrtle (or other acceptable trees) at a spacing not to exceed 15 feet on-censer along the south side of the property. 4. Subject to Security Pian Submission contained in the agenda materials, as mod~ed by the conditions set forth herein.. 5. Dedicated inside security person at aU times. fi. Additional Private Security Plan for the increased and enhanced security inside and uo tside during the holiday season (November through January) which shall be submitted fo the City. 7. This 24 hour late night conditional use approval is subject to approval for super center and subject to completion of super center. 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO ATLANTIC SHORES FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST} ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on December 11, 2UU7. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Atlantic Shores Development. Ail of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Secticn 2.4.4(F)(1) and (F)(2)• 4. Section 2.4.4(Fx1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Sectlon 2A.4(F)(1) been met? Yes 5 No 0 5. In making a determination under LDR Section 2.4.4(F)(2} the Commission shall consider the following regarding the diligence and good faith of the Developer. When the construction commenced; The extent to which construction has proceeded; R~ ~ The extent to which there has been a bonafide continuous effort to devebp but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the project? Yes 5 No 0 6. The commenis and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 8. 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 inGuding but not limked to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves X denies _ the conditional use extension request, subject to the condition(s) listed in ExhibR "A", attached hereto and incorporated herein, to allow the previous conditional use approval to be valid until January 3, 2010. The City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote~of~_ in favor and 0 opposed. ~- ''_'C C~ ~~ Rita Ellis, Mayor ATTEST: (~ Chevelle Nubin City Clerk 2 EXHIBIT "A" To the Atlantic Shores Conditional Use Extension Request Commission Order That the applicant has the site seeded and watered until the grass is established, and the grass be maintained, and the perimeter construction fence be removed or, if left in place, beautified with black coated chain link or sim+lar aesthetic fencing until construction is imminent. 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HAMMAD SHOPPES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests has come before the City Commission on December 11.2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Hammad Shoppes Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shalt be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 17'3". The applicant has requested a waiver from the minimum building height. Pursuant to LDR Section 4.6.16(H)(3)(d), afive foot (5') landscape strip between off- street parking areas or other vehicular use areas and abutting properties shall be required. The applicant has requested a waiver to allow a reduction from 5' to 2'. 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. Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 17'3" comply with the requirements of 2.4.7(8)(5}? Yes 5 No 0 Would the waiver of Section 4.6.16(H)(3)(d) to reduce the landscape strip from 5' to 2' comply with the requirements of 2.4.7(B)(5)? Yes 5 No 0 qG 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.4.13.(F)(1)(a) (reduce minimum height from 25' to 17'3") x 4.6.16(H)(3)(d) (reduce the landscape strip from 5' to 2') x _ ti. Based on the entire record before it, the City Commission hereby adopts this Order this 1 t~' day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor ~'• Chevelle Nubin,'Gity l~ 1 Jap~7 2 IN THE CITY COMMISSION CIiAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 46 NW 11th AVENUE ORDER OF 7HE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA These waiver requests have come before the City Commission on December 11, 2007. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 46 NW 11'h Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I WAIVER: Pursuant to LDR Section 4.1.4{D) workforce housing units with forty (40) feet of frontage must meet the typical designs represenked by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1,4(D). The applicant has requested a waiver from this section. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (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. Does the waiver request to Section 4.1.4(D) meet alt the requirements of 2.4.7(B)(5}? Yes 5 No 0 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)? ~.G. Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11`" day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita E is, Mayor Chevelle Nubih, Ci Clerl t i3~a80~ 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 48 NW 11~' AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA These waiver requests have come before the City Commission on December 11, 2007. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 48 NW 11"' Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 4.1.4{D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. 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 properly for another applicant or owner. Does the waiver request to Section 4.1.4(D} meet ail the requirements of 2.4.7{B)(5)? Yes 5 No 0 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)? G.G. Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and lDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11~" day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Ri Ellis, Mayor ~~;; Chevelle~Nubiri, City CI r I ~3 a~ 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 313 5E 5'h STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA These waiver requests have come before the City Commission do December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 313 SE 5'" Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at leas# 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4{D). The applicant has requested a waiver from this section. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (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. Does fhe waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)? Yes 5 No 0 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)7 ~.G. Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Sections 4.1.4(D}and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor ~o~; hevelle Nubin, City er i3~,~pp7 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 317 SE 5~' STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA These waiver requests have come before the City Commission on December 11.2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 317 SE 5°i Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b} Shalt 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. Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)? Yes 5 No 0 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7{B)(5)? ~•~. Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Sections 4.1.4(0) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11'" day of December, 2007, by a vote of 5 in favor and 0 opposed. ~~~ ~ ~~ ATTEST: Rita Ellis, Mayor ~~ _ t ~~1~.' , ~bi••Chevelle Nubin, ity Clerk ~ ~ is ~7 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request has come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Susan Williams and Spady Cultural Complex Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the two-story building addition is 24' and the outdoor amphitheater is 16'6". The applicant has requested a waiver from the minimum building height. 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. Would the waiver Of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 24' for the building addition comply with the requirements of 2.4.7(8)(5)? Yes 5 No 0 Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 16'fi" for the outdoor amphitheater comply with the requirements of 2.4.7(8)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 ~~~• submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver request as follows: LDR Section Approve Deny 4.4.13.(F)(1)(a) (reduce minimum height from 25' to 24') x _ 4.4.13.{F)(1)(a) (reduce minimum height from 25'to 16'6") x 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11~h day of December, 2007, by a vote of 5 in favor and 0 opposed. ~. ATTEST: Ri a Ellis, Mayor 1t~~L~~.n,t~ .D~~,,.~.~'.k,, e_oo~. ~~'~Chevelle Nubin, ity Jerk t ,~lacx,~ 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR GONDtTIONAL USE APPROVALS GRANTED TO THE SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on December 11, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Susan Williams and Spady Cultural Complex. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F){1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a Perm of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 5 No 0 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; I '~' (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c} The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes 5 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until July 3, 2009. The City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of 5 in favor and 0 oppose Rita Ilis, Mayor ATTEST: Aor'. Chevelle Nubin 1 a/ i City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF 7HE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the approval by SPRAB of the Midtown Delray Project located at 4600 Linton Boulevard. This appeal comes before the City.Commission on December 11, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval by SPRAB of the Midfown Delray Project. All of the evidence is part of the record in this case. Required fndings are made in accordance with Subsections I and II. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A", attached hereto and incorporated herein, consistent with and does k further the policies and objectives of the Comprehensive Plan? Yes 5 No 0 II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? !s the approval of the site plan, with the conditions listed in Exhibit °A", attached hereto and incorporated herein, consistent with Section 2.4.5(F) applicable regulations contained in of Chapter 3 and Chapter 4 and other applicable Land Development Regulations? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and i~~A~~ finds that its determinations set forth in this Osier are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record inGuding but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies _ the appeal, with the conditions as provided in Exhibit "A", and hereby adopts this Order this 11"' day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk ~, 'ta Ellis, Mayor 2 EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Midtown Delray Project 1. That the ingress and egress drive way to the proposed development shat! be modified; 2. That the proposed landscape perimeter buffer shall be substantially increased. 3. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 4. That a plat must be recorded prior to issuance of any building permits; 5. That a bus shelter along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 6. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 7. That the terms of resale of the workforce housing units, pursuant to LDR Secton 4.7.8, be induded in the deed or restridive covenant and recorded in the Public Records of Palm Beach County; 8. That no amendments to the covenants shall be made unless by written instrument approved by the City; 9. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 10. That the applicant shall indude clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 11. That the workforce housing units shall be evenly distributed and disbursed among all proposed townhouse buildings and no townhouse building shall be solely workforce housing. 12. That there be an emphasis placed on safety; 13. That there be traffic calming devices inside and outside the complex; 14. That possibly a stoplight be installed across from the school; 15. That there be a reduction in parking and an increase in green space where possible; 16. That there be sidewalks for pedestrian traffic; 17. That the photometric plan need to be revised, separating the medical parcel from the residential parcel foot candle illumination levels; 3 18. That every effort should be made abng the western property line abng Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide additional buffering; 19. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road; 20.7hat all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 21. That where possible excess parking should be reduced and additional landscaping and open space shall be provided; and 22. That wherever possible the buildings shall be staggered and center to the project to provide additional landscape buffering; 23. That original color chips be submitted; 24. That the side elevations of bu(Idings number five, seven, sixteen and seventeen be further enhanced with additional architectural features to make them more interesting; 25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line; and; 26. That there be some variation in the colors of the buildings. 27. There shall be a "Right Tum Only" off of Linton. 28. There shall be maintained a connection between the residential and commercial sections of the development. The white fence along the western side shall be maintained and keep in place. In addition, a chain link fence on the west side shall be installed tc accommodate landscaping. 29. The office building front elevation shall be flipped so that ii faces Linton Boulevard. 30. The applicant shall work wish Planning and 7_oning staff to inrxease room sizes and the sizes of the garage to meet typical standards within the building footprint. 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests far Midtown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. The Applicant has requested the roadway width be reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of the street. Pursuant to LDR Section 2.4.7(6)(5), pridr 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. Would the waiver of Secfian 6.1.2 {C){3)(a) comply with the requirements of Section 2.4.7(6)(5), with the condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the reduction would not endanger the public safety and welfare and also with the condition that the HOA documents contain a prohibition on the parking of vehicles within street access tracts? Yes 5 No 0 Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(6)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. ~0.1'f. z. 4. The Ciry Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the Ciry Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 6.12 (C)(3)(a) (reduce the paving width from 24 to 20 ft) x 6.1.3 (D)(1)(b) (sidewalk construction on just one side of street) x 6. Based on the entire record before it, the City Commission hereby adopts this Order subject to the condition that there shall be no parking on the streets and this prohibition shall be contained within the covenants/restrictions/homeowner association documents and other regulations governing the tlevelopmenVproject this 11`" day of December, 2007, by a vot/ej~ of 5 in favor and 0 opposed. ATTEST: Fred Fetzer, Vice May r ~ , ~,,~. ~ {p r'. Chevelle Nubin, dy lerk t ~~a Oa7 2 SPECIAL MEETING DECEMBER 18, 2007 A Special Mceting of the City Commission of the Cit}' of Delray Beach, Florida, was cal]ed to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 5:02 p.m., on Tuesday, December 18, 2007. RoII call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Mayor Rita Ellis Absent - Commissioner Woodie McDuffie Commissioner Brenda B. iVlontague 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 fox the purpose of considering the following items: SPECIAL MEETING AGENDA 1. SETTLEMENT OF: Del Boca Vista, l.LC, et al v. City of Delray Beach Case No. 07-80452-CIV- Middlebrooks. Susan Ruby, City Attorney, presented this item. She stated this case was discussed as a Closed Attorney/Client Session. The amount of the settlement Mrs. Ruby stated she would like the Commission to consider is ~15Q000.00 which includes attorney's fees and costs. Mr. Fetzer moved to approve the settlement offer of ~15Q000.00 to Del Boca Vista, LLC, et al., which includes attorney's fees and costs subject to applicable releases fox this project or any other complaint or project up to the date of the releases, seconded by Mx. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Eliopoulos -Yes; Mx. Fetzer -Yes; Mayor EIGs -Yes; Said motion passed 3-0. Mayor Ellis adjourned the Special Meeting at 5:04 p.m. City Clerk AT'I'F.ST: MAY<)R 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, December 18, 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. 2 December 18, 2007 WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing two (2) City Commissioners; and WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of March each year. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the Ciry Commission, do hereby call for the First Nonpartisan Election to be held on Tuesday, March 11, 2008, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3`d day of January, 2008. RITA ELLIS MAYOR J MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 27. 2007 SUBJECT: AGENDA ITEM S.A - REGULAR CnMMISSION MEETING OF JANUARY 3, 2008 AGREEMENT/LANGTON ASSOCIATES/GRANT WRITING SERVICES ITEM BEFORE COMMISSION The item before the Commission is a consulting agreement with Langton Associates for grant writing services. BACKGROUND The City has previously utilized the services of Langton Associates for grant writing. Most recently Langton Associates assisted with the City's grant application to the Department of Elder Affairs for the Family Recreation and FitnessCenter. Under the attached agreement, Langton Associates will assist the City with grant preparation for up to four (4) grants and perform personalized grant research and consultation. The fee for their services is $2,500 per month for each month in which work is performed. The initial term is ten (10) months with an option for two (2), one Q) year renewals. The grant writing services provided by Langton Associates will complement the grant searching services that City has access to through eCivis. FUNDING SOURCE Funding can be transferred to 001-1111-511-34.90 (Other Contractual Services) as needed. RECOMMENDATION Staff recommends approval of the agreement with Langton Associates for grant writing services. CONSULTING AGREEMENT THIS CONSULTING AGREEMENT made on this day of , 2008, by and between LANGTON ASSOCIATES, INC., hereinafter referred to as "Langton" and CITY OF DELRAY BEACH, hereinafter referred to as "Client" under the following terms and conditions: RECITALS 1. Langton agrees to provide professional consulting services to Client for the term of ten (10) months, commencing January 1, 2008, and ending October 31, 2008. Langton agrees to exercise its best efforts to obtain governmental grants and benefits for Client. It is understood, however, that Langton cannot guarantee results that any certain amount of funds will be obtained for Client. 2. Pursuant to this Agreement, Langton agrees to provide specific services as follows: A. Grant Development and Professional Packing for up to four (4) grants; and B. Perform Personalized Grant Research and Consultation. 3. In exchange for Langton performing these services as established herein and devoting agency time, Client agrees to pay Langton the sum of Two Thousand Five Hundred Dollars ($2,500.00) per month for each month in which work is performed. Client agrees that payment herein shall be made monthly by the 10`h day of the following month after the invoice rendered by Langton. 4. Langton agrees to devote the necessary time and performance of duties for Client, and shall report to the City or its designee on all matters concerning this Agreement and the discharge of its scope of services. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: As to Langton: Michael Langton, President 118 West Adams Street, Suite 700 Jacksonville, Florida 32202 As to City: David T. Harden, City Manager City of Delray Beach, Florida 100 N.W. 15` Avenue Delray Beach, Florida 33444 In the event of a contract termination, Client's responsibility to pay Langton's fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton on behalf of the Client will be determined to be Client's property. 5. Client agrees to pay all the expenses of Langton in conjunction with his services directly relating to Client. This shall include, but not be limited to, travel expenses (other than between Jacksonville and Client), which shall be air expense on coach flights, car rental, hotel (at commercial rates), and food (maximum of $25.00 per day). Langton will submit the invoice for these expenses, which shall be paid together with the salary by the next month. If desired, Client can require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate from this Agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary travel expenses, unless said time is waived in a particular case. 6. Extension of Agreement. This Agreement may be extended on an optional basis at the end of the term for two (2), one (1) year periods upon mutual agreement of the parties. WHERETO, the parties have set their hands and seal effective this day of 2008. ATTEST: LANGTON ASSOCIATES, INC By: Michael Langton, President STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by Michael Langton, as President of Langton Associates, Inc., a (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 2 ATTEST: City Clerk Approved as to Form: CITYOF DELRAY BEACH. FLORIDA By: Rita Ellis, Mayor City Attorney J MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: December 20, 2007 SUBJECT: AGENDA ITEM S.B -REGULAR COMMISSION MEETING OF JANUARY 3, 2005 RATIFICATION OF SIDEWALK EASEMENT, SIDEWALK CONSTRUCTION AND MAINTENANCE AGREEMENT/ BLOCK 77 DEVELOPMENT GROUP ITEM BEFORE COMMISSION Ratify and approve the attached sidewalk easement, construction and maintenance agreement with the Block 77 Development Group. BACKGROUND The attached sidewalk easement, construction and maintenance agreement allows the Block 77 Development Group to construct and maintain a sidewalk over a small portion of City property that is located on the south side of Worthing Park. The proposed sidewalk easement area starts at SE 2nd Avenue and extends approximately 140' west along the south side of Worthing Park. The developer and/or its successors shall construct and maintain the sidewalk in accordance with City requirements and the sidewalk will be open to the public. The Agreement has been executed by the Mayor, afrer a thorough review as to legal sufficiency, in order to meet a Developer deadline that expires prior to January 1, 2008. RECOMMENDATION Staff recommends ratification and approval of the sidewalk easement, construction and maintenance agreement. Thj~ insntgnt.}~[e rpa ed~ anti return to: Bert R Oliver, Esquire Bert R. Oliver, P.A. 2060 NW Boca Raton Bivd. Suite 6 Boca Raton, FL 33431 SIDEWALK EASEMENT SIDEWALK CO<^ISTRtiCTIt?ti A1tiD MA7NTElVANCE AGREEMENT This SIDEWALK EASEMENT AIVD GF.NEF:AL U'I'Ii.l'F"Y EASF:;MENT and SIDEWAALK CC}NSTRUC`IION AND MAIN"PENANCE ACiREEMEN`f {"Agreemeot"} is dated as of December ?_~_, 2007, and is granted, executed and delivered by and between The following parties: A. BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited liability company located at: c/o Southcoast Partners, lne., 900 E. Atlantic Avenue, Suite i 3, 1?e3ray B*>ach, r`_ 33483 ("BLI{7?"); and B. CITY OF DELRAY BEACH, Florida, a municipal corporation of the State of Florida, located at 100 NW 1st Avenue, Delray Beach, FL 33444 {"City"). WHEREAS, BLK77 owns, in lee simple, and intends to construct improvements to, parcel of land situate,. lying and being in the City, and more particularly described as follows: 1 RACE A WORTHING PLACE BLOCK 77, according to the Plat thereof recorded in Flat Book 108, Pages 131 and 132 {the "Worthing PFaee flat"), a replat of ail of Lots 7, 8, 9, 10, 13, 14, t ~ and 16, together with a portion of Lots 4, 5, 6, 11 and the abandoned 16 foot alley right of way, all lying in Block 77, Town of Linton {now Delray Beach), according to the Plat thereof as recorded in Plat Book I, Page 3 of the Public Records of Palnt Beach County, Florida, said lands lying in Section 16, Township 4b South, Range 43 East, City of Delray Beach, Palm Beach County, Florida {the "llevelopment Tract"}. WHEREAS, the Worthing Place Plat shows an area of the Development Tract as ''SIDEWALK ! C3.G.l;A5EM'EN'f (WIDTH VAKIES)", the relevant portion of said area being more particularly described as follows. A portion of Tract A Worthing Place Black 77, as recorded in Plat Book 10&, Pages I ~ t and 132 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northemmast, Northwest comer of said 'I"Tact A: Thence S89° 06' 39" E clang the North line thereaf~, a distance of 2.50 £eet to the ~arthwest corner of that Sidewalk and General Utility Easement as shown nn said Worthing Place Block 77, and the Point of Beginning: `Thence cominue S89° 06' 29" E along said North tine, a distance of 140.63 feet to the Northeast comer of said Tract A; `Chence S00° 00' 00" W along the East tine of said Tract A, a distance of 3.00 feet to a point of intersection with the South line of said Sidewalk and Cseneral Utility Easement; Thence N$9° 58' 42" ~,V along said South line and the Westerly projection thereof, a clisiance of 140.62 feet to a paint of intersection with the West line of said Sidewalk and General utility Easement; Thence N00° 00' 00" W along said West line, a distance of S.I3 feet, to the Point of Beginning. Said portion of the Development Tract contains 572 square feet, mare or less. and is hereinafter referred to as the "Dedicated Sidewalk Easement Area"; WHEREAS, the Worthing Place Plat sets forth the following "DEDICA"TIONS" that pertain to the Dedicated Sidewalk Easement Area: °THE SIDEWALK EASEMENTS ARE DEDICATED `TO THE CITY OF DE.LRAY BEACH FOR THE PERPETUAL USE OF TI-IE CITY OF DELRAY BEACH FOR SIDEWALK PURPOSES" and "GENERr1L UTILITY EASEMENTS {G.U.E.) ARE DEDICATED TG ANY PUBLIC OR PRIVATE UTIL,I'TY, SUCH AS BUT NOT LIMITED TO, STORM DRAINAGE, SANITARY SEWER, ELECTRIC POWER, WATER SERVICE OR TELF•,PHONE LINES"; WHEREAS, City owns a certain piece ar parcel of real property adjacent to and north of the Dedicated Sidewalk Easement Area being more particularly described as follows .A portion of Lots 4, 5 and 6, Black 77, "Town of Linton", as shown on the plat thereof; as recorded in Plat Baok 1, Page 3 of the Public Records of Palm Beach County, Florida, being more particularly described as follows_ Commencing at the Northernmost, Northwest corner of Tract A, Worthing Place Black 77, as recorded in Plat Book 148, Pages I31 wd 132, also being the Southwest corner of said Lot A; `Thence S89° 06' 29" E clang the Naith line of said Traci r1, a distance of 2S0 feet to the Northwest earner of that Sidewalk and General Utility F,asemant as shown on said Worthing Place Block 77, and the Point of Beginning; Thence N00° 00' 00" W clang the Northerly projection of the West line of said Sidewalk and General Utility Easement, a distance of 2.87 feet to a paint of intersection with a line $.00 feet North of and parallel with the South line of said Sidewalk and General Utility Easement; Thence S89° 58' 42" E along said parallel line, a distance of 140.fi2 feet to a paint of intersection with the East line of said l.ot 6; 'fhcnce S00° 00' 00" bV clang said Bast line, a distance of S.OU feet to the Southeast carver of said l.at 6, also being the Nattheast corner of said Tract A, Worthing Place Block 77; Thence N89° 06' 2.9" W, along the Nonh line of said Tract A, a distance oP 140.b3 feet. to the Point of Beginning. Said lands contain S53 square feet, more or less, and are hereinafter referred to as the "City Easement Area" (See Exhibit "A" attached hereto.); W}iF,REAS, the Dedicated Sidewalk Eiasemeni Area and the City Easement Arca, when joined together, are descibed as follows: A portion of Lots 4, ~ and 6, Block 77, "Town of Linton", as shown on the plat thereof, as recorded in Plat Boak 1, Page 3 of the Public Records of Palm Beach County, Florida, and a portion of Traci A, Worthing Place Block 77. as recorded in Plat Book 10$, Pages 131 and 13? of the Public Records of Falm Beach Coumy, Florida, being mom particularly described as follows: Commencing at the Northernmost, Northwest corner of said Tract A, also being the Southw~cst corner of said Lot 4; 'T`hence S89° 06' 29" E along the North Line of said "Tract A, a distance ot` 2.50 feet to the Northwest comer of that Sidewalk and General Utility Easement as shown on said Worthing Place Block 77, and the Point of Beginning; 'Iliencc N00° 00' 00" W along the Northerly projection of the West line of said Sidewalk and General Utility Easement, a distance of 2.87 feel to a point of intersection with a line 8.00 feet North of and parallel with the South line of said Sidewalk and General Utility Easement; Thence 589° 58' 42" E along said pazaliel hne, a dtsiance of 140.62 feet to a point of intersection with the East line of said Lot b; Thence S00° 00' 00" W along said East lint, a distance of 8.00 feet to the point of intersection with the South line of said Sidewalk and General Utility Easement; Thence N89° 58' 42" W along said South line and the Westerly projection thereof; a distance of 140.62 feet to a point of intersection with the West line of said Sidewalk and General Utility Casement; Thence N00° 00' 00" W, along said West line, a distance of 5.13 feet, to the Point of Beginning Said lands containing 1,125 square feet, more or less, and being hereinafter referred to as the "Combined Easement Area"; and WHEREAS, as a condition to the issuance o#` a building permit to BLK77 to build improvements on and to the L)evclopment Tract, and in consideration of the grant by the City of the "City Grant of F,asments", as sot forth in Pazagralxhs 3.a and 3.b. below, the Gity has requested that BLK77 build a sidewalk on the Combined Easement Area and commit to provide ft>z the perpetual upkeep and maintenance of the sidewalk and the Combined Easement Area, and BLK77 has agreed to do so. NOW, TIIERLFC7RE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, BLK77 and Gity, for themselves and far their respective successors aniilor assigns, hereby agree as Sbllows_ 3 1. INCORPORATION OF RECITALS. clauses is confirmed and hereby reference. The content of the foregoing WHEREAS incorporated herein in full by this 2. AFFIRMATION RE DEDICATED SIDEWALK EASEIvIENT AREA. BLK77 does hereby represent and warrant to City, its successors and/or assigns, that BLK77 dedicated to the City the Dedicated Sidewalk Easement Area, in tee simple, free and clear of all liens and encumbrances. 3. CITY URANT C7I' SII~EtiVr3LTC EASElv1ENT. City daes hereby represent and warrant to BLK77, its successors andlor assigns, that City owns, in fee simple, the City Easement Area, free and clear of all Liens and encumbrances. City does hereby grant, bargain, sell and release unto BLK77, its successors andlor assigns, as and for a covenant running with the land, a perpetual easement on and over the Gity Easement Area for the sole and exclusive pupose of facilitating the rnovenzent of general public pedestrian traffic only, including residents of the improvements to the Development Tract and their guests, and other occupants of the improvements to the Development Tract, and their customers and business invitees, to and from public and private areas west of the City Portion of Easement Area on and over the City Easement Area to and from public and private areas east of the City Easement Area. 4. CONSTRUCTION OF SIDEWAI;K 1 MAIN'T'ENANCE OF SIDEWALK Fd COMBINED EASEMENT AREA /INDEMNIFICATION OF CITY. BLK77 does hereby agree to construct, at its sole cost and expense, a sidewalk in the Combined Easement Area, at the same time as, and in conjunction with, the construction of improvements to the Development Tract The sidewalk, when constructed shall meet all the applicable standards as set in the ordinances, rules, laws and regulations of the Gity, as the same may be amended from time to time. BLK77 does hereby agree that is shall, at its sole cast and expense, maintain the upkeep and repair and replace the sidewalk and the. Combined Easemerrt Area in good repair and condition and in accordance with all applicable standards as set in the ordinances, rules, laws and regulations of the Gity, as the same may be amended tram time to time. BLK77 does hereby agree to indemnify, defend and hold City harmless from and against any and all claims, liabilities, damages, costs, expenses, judgments, attorneys fees, or causes of actial of any kind, or for any injury or damage to property or person (including death) by whosoever brought 4 against City in cannetion with or arising out of BLK7Ts duty to maintain, repair aztd replace the Cambined Fasemerrt Area or perfarmance of azty of its obligatians set forth herein. 5. COVENANT RUNNIhIU WITH THE hANI). It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall be binding an the parties' legal representatives, heirs, successors and assigns. 6, GOVIsRNING LAWS /VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the laws of the State of Florida, with venue in Pahn Beach Caunty, Florida. 7. 1NTEGRA"I'tON ! AMENI)MFN'I"S. "Phis Agreement constitutes the entire agreement and understanding of the parties. There are no representations or undertakings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IV WITNESS WHEREOF, BLK77 and City have caused this instrument to be signed and its seal affixed hereto by its duly authorized representatives as of the day and year first appearing above. WITNESSES: BLOCK 77 DEVELOPME':`IT GROUP, L.C., a Florida limited. liability company `.,~1 ~ ''Aid ~~kr.~° 1 .i(> 1 '~ivA ~ t'; ~Jb V Ems: { { ~ 1 L. f ~i ~ ~. l Prin~~me . I.~ ! --- v t,.~..( ~ ~ ~ _.. u~- Print Name STATE OF FLORIDA COLiN'1'Y OF' PAL41 I3EAC[I William E. Morris, Manager 'fhe foregoing instrument was acknowledged be#ore me this day of October 3007, by William F.. Morris, as Manager of BLOCK 77 DEVELOYMENI~. L.C. a Florida S limited liability company, who ( ) is personally known to me, or [ ]has produced a Florida driver's license or as identification. MO...O.e.uti'i g...... STACEY AP3N 11EiA4E8 Cartm~ 4047 § r~ ~cp[z~61S~D44 ;.`~''.O...Plaida R'ot§ryAs:ai.. inc ~ r 't i~ T'., r ~_ ~' c ~ 1 \ Nciiar;v YsiLlic ~~ Seal My Commission Expires: _ ~- CONTINL`4,D OBI ibE%T PAGE ATTEST: ~ '~ ~ City Clerk Approved as to Fonn: CITY OF DELRAY BEACH, ELt)RIDA a Florida municipal corporation '' Printed Name: Rita B 11 i s Title: Mayor ~,:b~sClty Attorney wEST Lwe tdORTH LOT 4. BLOCK 77 BLACK 77 TOWN OF L1NTpN TOWN OF LINTON tPIA7 BOOK t, PAGE 3) (PLAT BOOK 1, PAGE 3) b 2a 40 -- HO EAST LINE h U'RAPHIC, SCALE 1" = 20' LOT B, BLACK 77 OJ SS9°06'29'E 7pWN OP LINTON 2.60' t.DT 6 {PLAT BOOK i, PAGE 3) N4287'/44~ LbT4 L0T5 bo .544°44'44"W S89°58'42"E 140.62' ~ 5.40' _ _ _ _ _N89_8'29"W _ _ _ S89'S8'42'E 133.84' I POtNTOF BEGINNING NORTHEAST CORNER TRAeT°A,` ~ $I J WORTHING PLACE $LOCK 77 ~ I°- POINfi OoR~OMNCEMENT (P,B.108. PGS. 137&132) N v I I NORTH4VEST CORNER. TRACT'A' r I~ x WORTHtNO PLACE BLOCif T7 n8 ~,.,, #- {P,B. 108, PG3. 131di32) ~r-~ ~m _ ~ to <u~i°I 2a Z SIDEWALK/G.U. EASEMENT $ g uji d q ;~ `T~ (P.B.~B~HGVARiI=s 3z) WORTHINGTPLACE BLOCK 77 X ~ m! (P.B. 108, PGS. 131&132} ~ o ~ ' I I a~ ~~ z ~ ~ ~ ~$ raj "" pescriWibn A portlon of lots 4, 5 and 6. Block >7, "Town of Linton^, as shown on the plat Ufereof, as recorded in Plat Baok 1, page 3 of the Public Reaor~ of Pelm Beach Caunty, F'"bride, being mnre parUCUlady daspdbed es foflows: Commencing at the Northernmost, Northwest cemer M Tract A. WortMng Place Bock 77, as recorded in plat bgok 108, pages tat and 132, also being the Southwest comer of said Lpt 4; Thenpe 569'66'29*E abng the Nodh line of said Tract A, a tlistanca of 2.50 feet to Ne NaUlwest corner of that Sidewalk and General Utlidy Easement as shown ort ssW Worthing Place Block 77, and ilia Point of Beginning; '(Tanta N00°00'00'W along the tJorUfedy proJecdon oT the West Ikre of said Sidewalk and General Uglily Easement, a d'isWnco of 283 feet to a point pi Intervtedlon with a fine 6.00 feet tJorth pT and parallel with ine South Ilne of said Sidewalk and C,enerai Utility Easement; Thence Sfl9°58'42"E along said paraUai fine, a distance of 140.62 feet b a point of fitersedton wkh the East Ane of saki Lot 8: Thence S00°00'00"W abng said East Tina, a distance of 5.00 feet to the Southeast comer of said Lot fi, abo being U1e Northeast Corner of said Tract A, Worthing Place Stook 77, Thence N89°OB'29"W, along ifia North Ana of said Traci A, a tltstarxe of '146.63 teat, to the point of beginning Said lantla containing 563 square feet, more or tess Starvev Notes i. Measurements shown hereon are expressed h1 feet end dedmal parts thereof. 2. ThLn drawing may rat ba mfxli8ad or re{KOducal in whole or in part wkhout ihs pennissbrf of Ufa sfgnirlg party. 3. This drawing is Trot vakd whhout fife signature and original raised seal of a Fbrldn Ikansed sunreyar and mapper. 4. Soma features shown hereon may fro drawn'out oP ecate* for the puryoses of dadty.Wddan dimen&bns Sake precetlenca ovar erak"d measurernenis. 5. inlorrnatlan shown hereon was compiled from the instruments nt rcygrxi and does not represent a field survey. 8. This survey does rat determine ownership of the subjept property of ks adJolnars. 7. l3eadng sMxvn hereon are based on the North 16fe M TracrA^ Wonhirlg Plata Biodc 77, asc retarded in plat Boost tOti, pages 131 and 132 of the PuGNe Retards of Pakn Beach t'.oanty, Florida, t>earirg N89°O6'29"1N 9. The IaQal description shown hereon, was prepared by the surveyor. S~}ticate hardly certify that the attached Sketch of Gescriptbn of Ufa hereon desadbed properly is tn,a and correct !o Ufa beat of (fly knowledge aril band a8 prepared untler my direction on actober 6, 2007. 1 furUler certify that this Sketch pf Description meets Ufa mlMmum technk:al sgndards sat Torth in chapter 61 G17-8 adopted by the Fbrtde Board of Surveyors aril Mappers, pursuant to Florida Statutes 472.027. Q\!'~~~i 5txx)T-Rex Averwa SuNa tsb Worthing Park covew basgn asmctaeaa, inc. Borg Raton Fipdda 33431 A F7o4aa Carporytbn esign ~''B'0~0 Sidewalk, General UtilPty • i and pverhang Easement SSOCI~teS Ir1c- CpvaBn.cpm Sketch of Description 1 P.s.M.. ~~" Prafeasblroi Surveyor b Mapper Urban Plannlna . LandspaDB Archkaatara mnn nr,mlv.r ntnn ew.,.. e_. w,._x.,...r_en.~ MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: December 27, 2007 SUBJECT: "`'ENDA ITEM 8 C REGULAR COMMISSION MEETING OF JANUARY 3.2008 AUTHORIZATION/SUPERVISOR OF ELECTIONS ITEM BEFORE COMMISSION This is before the City Commission to authorize Dr. Arthur Anderson, Palm Beach County Supervisor of Elections, to handle the City's absentee/provisional ballots for the March 11, 2008, First Non- Partisan Election. BACKGROUND Mr. Anderson's office is equipped with a computerized system for monitoring ballot requests, distributions, accounting for unretumed ballots, as well as electronic signature verification. He will also insure that the absentee ballots aze held in safekeeping prior to canvassing. The Supervisor of Elections should also be authorized to represent the City at the canvassing of the absentee ballots. It is further recommended that Mr. Anderson be designated to represent the City's canvassing board at the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be conducted on Friday, February 22, 2008 at 10:00 a.m. at the Supervisor of Elections Office, 240 South Military Trail, West Palm Beach, for the March 110', First Non-Partisan Election, as well as on election day both before and after counting of the ballots. On January 18, 2005, Commission adopted Ordinance No. 2-OS which exempts the City from the early voting requirements of Florida Statutes Section 101.657 for municipal elections and therefore we will not conduct early voting for the Mazch 11, 2008 election. RF.['OMMENDATION Recommend authorizing the Supervisor of Elections for Palm BeachCounty to handle/canvass the City's absentee/provisional ballots for the March 11, 2008, First Non-Partisan Election, and designate him as the City's representative at the requisite logic and accuracy tests. J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Mananger DATE: December 5, 2007 SUBJECT: AGENDA ITEM S.D -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 AGREEMENT/PALM BEACH COUNTY/DISASTERREOOVERY INITIATIVE PROGRAM ITEM BEFORE COMMISSION Approval of an Agreement between the City and Palm Beach County for $980,000 to provide for implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI). BACKGROUND At the July 11, 2006 meeting, City Commission approved a request for staff to apply through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DRI). Under this initiative the City was awarded $980,000 in funding to complete up to twenty four (24) housing rehabilitation projects for households who suffered damages from Hurricane Wilma within the City's Community Development Block Grant (CDBG) target area. Palm Beach County has entered into a Contract with the State of Florida, Department of Community Affairs, in connection with the State's 2005 DRI program, allowing the City to now be allocated the $980,000 in funding to begin project implementation for DRI Housing Rehabilitation. FUNDING. SOURCE Community Development Block Grant 118-1960-55449.19 RECOMMENDATION Approval of agreement between the City and Palm Beach County so that the City may move forward in its implementation of the Housing Rehabilitation Program funded under the Disaster Recovery Initiative (DRI). AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 20_, by and between Palm Beach County, a political subdivision of the State of Florida, and the City of Delrav Beach, a municipality duly organized and existing by virtue of the laws of the State of Florida, having its principal offce at 100 NW 1st Avenue Delrav Beach. FL 33444. WHEREAS, Palm Beach County has entered into a Contract (number 07D8-3V-10-60-01-Z07) with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program which the State is implementing for the use of grant funds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHEREAS, the Citv of Delrav Beach was allocated certain funds under said Contract to implement specified activities under the 2005 Disaster Recovery Initiative Program; and WHEREAS, Palm Beach County desires to engage the City of Delrav Beach to implement the activities associated with the funds allocated to it. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PARTI DEFINITIONS PURPOSE AND APPLICABLE CONDITIONS 1. DEFINITIONS (1) "County' means Palm Beach County. (2) "CDBG"means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Municipality" means the Citv of Delrav Beach. (5) "State" means the State of Florida, Department of Community Affairs. (6) "Contract" means contract number 07DB-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. (7) "HCD Approval" means the written approval of the HCD Director or his designee. (8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part II of this Agreement. All the beneficiaries of a project funded under this Agreement shall be low income households whose household incomes are within 80% of the median income for the West Palm Beach -Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. Page 1 of 35 City of Delray Beach 3. APPLICABLE CONDITIONS The Municipality shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the conditions applicable to the activities undertaken in connection with this Agreement shall include but not be limited to those listed below (as they may be amended from time to time). Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, orany other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, orany other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, orany other docu ment, and to require the Municipality to comply with the same. • Community Development Block Grant, Final Rule, 24 C.F.R., Part 570; • Florida Small and Minority Business Act, s 288.702-288.714, F.S.; • Florida Coastal Zone Protection Act, s 161.52-161.58, F.S.; • Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; • Title I of the Housing and Community Development Act of 1974, as amended; • Treasury Circular 1075 regarding drawdown of CDBG funds; • Sections 290.0401-290.049, F.S.; • Rule Chapter 96-43, Fla Admin. Code.; • Department of Community Affairs Technical Memorandums; • HUD Circular Memorandums applicable to the Small Cities CDBG Program; • Single Audit Act of 1984; • National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; • National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties (24 C.F.R., part 800); • Preservation of Archaeological and Historical Data Act of 1966; • Executive Order 11593 -Protection and Enhancement of Cultural Environment; • Reservoir Salvage Act; • Safe Drinking Water Act of 1974, as amended; • Endangered Species Act of 1958, as amended; • Executive Order 12898 -Environmental Justice • Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; • The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s 1251 et. seq.); • Executive Order 11990 -Protection of Wetlands; • Coastal Zone Management Act of 1968, as amended; • Wild and Scenic Rivers Act of 1968, as amended; • Clean Air Act of 1977; • HUD Environmental Standards (24 C.F.R. Part 58); • Farmland Protection Policy Act of 1981; • Clean Water Act of 1977; • Davis -Bacon Act; • Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; • The Wildlife Coordination Act of 1958, as amended; • The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; • Noise Abatement and Control: Departmental Policy Implementation, Responsibililiessnd Standards, 24 C.F.R. Part 51, Subpart B; • Flood Disaster Protection Act of 1973, P.L. 92-234; • Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; • Coastal Zone Management Act of 1972, P.L. 92-583; • Architectural and Construction Standards; • Architectural Barriers Act of 1968, 42 U.S.C. 4151; • Executive Order 11296, relating fo the evaluation of flood hazards; • Executive Order 11288, relating to prevention, control and abatement of water pollution; • Cost-Effective Energy Conservation Standards, 24 C.F.R., Part 39; • Section 8 Existing Housing Quality Standards, 24 C.F.R., Part 882; • Coastal Barrier Resource Act of 1982; • Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; • Title VI of the Civil Rights Act of 1964 - Non-discrimination; • Title VII of the Civil Rights Act of 1968 - Non-discrimination in housing; • Age Discrimination Act of 1975; • Executive Order 12892 -Fair Housing; • Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; • Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R., Part 8; • Executive Order 11063 - Equal Opportunity in Housing; • Executive Order 11246 - Non- discrimination; • Sec[ion 3 of the Housing and Urban Development Aci of 1968, as amended - Employment /Training of Lower Income Residents and Local Business Contracting; • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; Page 2 of 35 City of Delray Beach • Copeland Anti-Kickback Act of 1924; • Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C. s. 1251 et. seq.); • OMB Circulars A-87, A-122 and A-133, as revised; . Administrative Requirements for Grants, 24 C.F.R. Part 85; • Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; Emergency Rule 96ER05-2, CDBG Disaster Recovery Funds; • HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR- 4959 - N-Ot]. _ Page 3 of 35 City of Delray Beach PART II SCOPE OF SERVICES The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof. PART III COMPENSATION TIME OF PERFORMANCE METHOD AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ordesignee-approved expenditures and encumbrances made by the Municipality under this Agreement, which shall not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of 980 000 (as more specifically detailed in Exhibit A hereto) for the period of December 17 2007 through and including December 31.2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. proiect/activity based on the results of this environmental review. If this project involves unspecified sites, the Municipality agrees to provide a request to HCD for the preparation of an environmental review as the sites are identified. 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project under State Contract number 07DB- 3V-10-60-01-Z07. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Municipality prior to December 31.2008. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payments made by the Municipality before the effective date of this Agreement, nor shall it request reimbursement for payments made after the expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. The Municipality shall request payments or reimbursements from the County by submitting to HCD proper documentation of expenditures consisting of originals of invoices, receipts, or other evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed acceptable by HCD. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid proper documentation of expenditures as approved by HCD. The Municipality may at any time after the expiration of this agreement request from the Couniy reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipality through this agreement are still available for payment, and provided that HCD approves such payment. Page 4 of 35 City of Delray Beach 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded by more than one funding source will be made until a cost allocation plan has been approved by the HCD Director or designee. Should a project receive additional funding after the commencement of this Agreement, fhe Municipality shall notify HCD in writing within thirty (30) days of receiving notifcation from the funding source and submit a cost allocation plan for approval by the HCD Director or designee within forty-five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Municipality, or of any of its subcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be submitted bythe Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract" Reimbursables will be at cost. None of the work or services covered by this Agreement, including, but not limited to, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common Rule), which are incorporated herein by reference. (5) REPORTS AUDITS AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HCD COUNTY AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, at any time, by HCD, the County, the State, or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities among others require the prior written approval of the HCD Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All change orders; (c) All requests to utilize uncommitted funds after the expiration of this Agreement for programs described in Exhibit A. Page 5 of 35 City of Delray Beach (8) PROGRAM-GENERATED INCOME All income earned by the Municipality from activities financed in whole or in part by funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Municipality shall report its plan to utilize such income to HCD, and said plan shall require the prior written approval of the HCD Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Municipality. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at, or received after, the expiration of this Agreement shall be returned to the County. PART IV GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, familial status, marital status, sexual orientation, or gender, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The Municipality shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITYNVOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Municipality shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minoritylwomen- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES All the benefciaries of a projectfunded under this Agreement shall be low income households whose household incomes are within 80% of the median income for the Wesl Palm Beach - Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole discretion. The project funded under this Agreement shall assist benefciaries as defined above forthe time period designated in this Agreement. The Municipality shall provide written verification of compliance to HCD upon HCD's request. 4. EVALUATION AND MONITORING The Municipality agrees that HCD will carryout periodic monitoring and evaluation activities as determined necessary by HCD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Municipality shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled or unscheduled as determined by HCD, the State, or HUD. 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, the State, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, the State, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. Page 6 of 35 City of Delray Beach The Municipality agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The Municipality shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-87, A-102, A-133, and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this Agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. In the event the Municipality anticipates a delay in producing such audit or audited financial statements, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Municipality as defined byA- 133. The County will be responsible for providing technical assistance to the Municipality, as deemed necessary by the County. 6. UNIFORM ADMINISTRATIVE REQUIREMENTS The Municipality agrees to comply with the applicable uniform administrative requirements as described in Federal Community Development Block Grant Regulations 24 CFR 570.502. REVERSION OF ASSETS Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Municipality's control upon expiration of this Agreement which was acquired or improved in whole or part with CDBG in the excess of $25,000 must either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.508 for a period of five years after expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement), or, the Municipality shall pay the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 8. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, dpcuments, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall be made available to the County by the Municipality at any time upon request by the County or HCD. Upon completion of all work contemplated under [his Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Municipality shall keep all documents and records for five (5) years after expiration of this Agreement. 9. INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the County shall indemnify, defend, and hold harmless the Municipality against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnifcation shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the County for funds which the County is obligated to refund the State or the Federal Government arising out of the conduct of activities and administration of the Municipality. The provisions of this indemnification clause shall survive the termination of this Agreement. 10. INSURANCE Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies at limits not less than $100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse Palm Beach Countv Board of Countv Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this projector Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. Page 7 of 35 City of Delray Beach The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapier 440. The Municipality agrees to provide a statement, or Certificate of l nsurance, evidencing insurance orself-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by County. The Municipality agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. 11. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, (or projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 12. CONFLICT OF INTEREST The Municipality covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would confict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Municipality. Any possible conflict of interest on the part of the Municipality or its employees shall be disclosed in writing to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 13. CITIZEN PARTICIPATION The Municipality shall cooperate with HCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 14. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Municipality will include a reference to the financial support herein provided by HCD in all publications and publicity. In addition, the Municipality will make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 15. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; (2) Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Acl of 1990; (4) Executive Orders 11246, 1 t478, 11625, 12432, the Davis Bacon Act, and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (6) Florida Statutes, Chapter 112; (7) Palm Beach County Purchasing Code; (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended; (9) The Municipality's personnel policies and job descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract number 07D6-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on fle at HCD. The Municipality shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file al its principal office. Page 8 of 35 City of Delray Beach 16. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Municipal ity, and the County may withhold any payment to the Municipality for set-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving a fifteen (15) working day written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION DUE TO CESSATION In the event the grant to the County under the Contract is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the Sate specifies. 17. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 18. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 19. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreement. 20. INDEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 21. NO FORFEITURE The rights of the County underthis Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 22. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 23. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty-four (34) enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Courtin and for Palm Beach County. Page 9 of 35 City of Delray Beach 24. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings otherthan those expressly set forth herein. WITNESS our Hands and Seals on this (MUNICIPALITY SEAL BELOW) Approved as to Form and Legal Sufficiency By: Tammy K. Fields Senior Assistant County Attorney day of , 20_. CITY OF DELRAY BEACH BY: Rita Ellis, Mayor By: Chevelle D. Nubin, City Clerk BY: Attorney for Municipality (Signature Optional) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of [he State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS By: Robert Weisman, County Administrator Approved as to Terms and Conditions Dept. of Housing and Community Development By: Amin Houry, Manager Housing and Capital Improvements 51CapImpM2005DisaslerRecoverylniliativelRehabPrograms\DelrayBeachlAgm(Muniwptl Page 10 of 35 City of Delray Beach EXHIBIT A WORK PROGRAM NARRATIVE 1. THE MUNICIPALITY AGREES TO: A. OVERVIEW: The purpose of this Agreement is to make funds available to the Municipality under the State of Florida funded 2005 Disaster Recovery Initiative Program to enable the Municipality to implement a rehabilitation program ("Program") in conjunction with which it may provide technical and financial assistance to qualified low income property owners (as defned herein) who reside in detached one dwelling structures (entirety used for residential purposes) and located within its municipal boundaries. Assistance under the Program shall be provided in order to rehabilitate and upgrade these structures to meet applicable housing and building codes and in order to effectuate repairs of damages caused by Hurricane Wilma. Work on these properties may for example include roofing, electrical, plumbing, structural repairs, painting, doors, windows, and hurricane protection, provided that these repairs are practical and feasible. The Municipality plans to assisttwenty (our (24)households. The final number of homes addressed with funding made available under this Agreement shall depend on the actual cost of undertaken projects, and therefore may vary from the stated number. B. REGULATORY STANDARDS: The regulatory standards applicable to the activities undertaken in connection with this Agreement shall include but not be limited to the ones listed below, and those enumerated elsewhere in this Agreement. Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, orany other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, orany other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 570). HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 35). HUD: HUD Guidelines for the Evaluation and Control of Lead Hazards in Housing. TITLE X: Title X -Residential Lead-Based Painf Hazard Reduction Act of 1992. EPA: U.S. Environment Protection Agency regulations (40 CFR Part 745). EPA: U.S. Environment Protection Agency regulations (40 CFR Part 61). OSHA: Occupational Safety and Health Administration regulations (29 CFR Part 1926). PBC: Palm Beach County Purchasing Ordinance. The Municipality recognizes and understands that the applicable regulations, statutes, ordinances, or all other applicable documents may be amended from time to time during the term of this Agreement. The Municipality agrees to abide by all such amendments as relates to the activities undertaken in connection with this Agreement, and as determined by HCD. The Municipality recognizes and understands that during the term of this Agreement, new regulations, statutes, ordinances, and other applicable documents may be issued that affect the activities undertaken in connection with this Agreement. The Municipality agrees to abide by all such new regulations, statutes, ordinances, and other applicable documents as determined by HCD. Should, after the execution of this Agreement, it be discovered that requirements concerning certain activities to be undertaken in connection with the Agreement are absent, the parties agree to abide by the decision of the State on such requirements. In the instance that the State elects not to provide a decision on an absent requirement, or allows for a local choice in the matter, the parties agree that all requirements pertaining to any such matter shall be at the discretion of the County. C. PROGRAM ADMINISTRATOR: The Municipality shall designate an employee of the Municipality to be the "Program Administrator' in connection with projects undertaken under this Agreement, and notify HCD of the identity if such Program Administrator. The Program Administrator shall act as the primary contact person between HCD staff and persons designated by the Municipality to be involved in implementing projects undertaken under this Agreement. In addition to channeling communication from and to HCD and the Municipality, and from and to HCD and the above described designated persons, the Program Administrator shall review all materials and files submitted by the Municipality to HCD in connection with this Agreement, and shall be the recipient of all materials and files provided by HCD to the Municipality. The Program Administrator shall track and maintain awareness of the status and progress of all undertaken projects and submit the reports required hereunder. Page 11 of 35 City of Delray Beach D. PROGRAM INSPECTOR: The Municipality shall employ an "Inspector" in connection with this Agreement. The Inspector may be an employee of the Municipality or a qualified consultant under contract with the Municipality. If the Municipality elects to retain a consultant to provide the services of an Inspector, and if it wishes to be reimbursed by the County for its consultant expenses, the Municipality shall procure the services of such consultant in accord with the requirements of this Agreement. In such instance, the Municipality shall submit its request for proposals for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these consultant services. The Inspector shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/her to do so. The Inspector shall at minimum perform inspections of residential structures for compliance with housing and building codes, determine the feasibility of undertaking rehabilitation, prepare construction specifications and cost estimates, review construction bids, inspect rehabilitation construction work in progress, and review and approve contractor payment requests. The Inspector shall be able to review lead-based paint inspection and risk assessment reports and determine the actions to betaken to comply with federal lead-based paint regulations, maintain inspection records and reports, prepare change orders, initiate various notification letters and conduct necessary correspondence. E. PROGRAM ADVISOR: The Municipality shall employ an "Advisor" in connection with this Agreement. The Advisor may be an employee of the Municipality or a qualified consultant under contract with the Municipality. If the Municipality elects to retain a consultant to provide the services of an Advisor, and if it wishes to be reimbursed by the County for its consultant expenses, the Municipality shall procure the services of such consultant in accord with the requirements of this Agreement. In such instance, the Municipality shall submit its request for proposal for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these consultant services. The Advisor shall be able to carry out the tasks described in this Agreement and be able to demonstrate the qualifications that enable him/her to do so. The Advisor shall at minimum perform a variety of program implementation tasks including the participant application process, the applicant eligibility determination process, financial underwriting, loan closing, and expenditure tracking and reconciliation. F. OUTREACH AND APPLICANT SELECTION: The Municipality's outreach effort in publicizing the rehabilitation program being undertaken in connection with this Agreement shall include announcements at public meetings, announcements in local newspapers, distribution offlyers/brochures to affected residents, and the placement of notices at City Hall and the Municipality's neighborhood resource center. The Municipality shall develop, publish to its residents, and use its own selection method for applicants to be funded under this Agreement, provided that such method is fair and equitable, and provided that it does not in any manner violate any of the provisions contained in this Agreement. G. THE APPLICATION PROCESS: The Municipality shall invite each selected applicant to submit a written, signed, and dated application (for the purposes of this Agreement, all owners of a property to be rehabilitated who reside at such property shall be regarded as applicants, and "applicant" as referred to herein shall also mean the plural term"applicants"). The Municipality shall advise the applicant of the Program's objective and explain the type of work undertaken under the Program without specific reference to the applicant's property. Applicants shall be advised that the primary purpose of the Program is to address property deficiencies to the extent practicable and feasible to meet applicable housing and building code standards and to effectuate repairs of damages caused by Hurricane Wilma. Page 12 of 35 City of Delray Beach Applicants shall be advised of Program requirements to receive assistance and the steps involved in the rehabilitation process and their role in it. Applicants shall also be informed of the financing arrangements available under the Program. The application shall solicit information about the applicant such as: - Name of applicant(s) and any other household members residing at the property (whether related to the property owner or not) and relationship to property owner(s) as well as contact telephone numbers. - Address of the property, legal description and the Property Control Number. - Social security numbers, dates of birth of applicant(s) and ages of household members. - Employment information on all household members. - All other income for the household including: wages, salaries, bonuses, pensions, social security, disability, unemployment, self employment, rental income, interest, dividends, public assistance, alimony, child support, and income derived from assets. - A listing of all assets owned by the applicant(s) and their associated value. - Information about any mortgages on the property. - Insurance information including name of insurer, agent, address, policy number, and type, amount, and dates of coverage. In conjunction with accepting an application from a selected applicant, each such applicant shall be asked to submit documentation in support of the application such as copies of: deed, mortgage(s), pay stubs, drivers license, social security card, death certificates, the last IRS tax return (last two returns for self-employed persons), and copies of insurance policies. The Municipality shall obtain from the applicant for the applicant's file a copy of the driver's license or other picture identification document for each adult household member of the applicant, and shall obtain a copy of the social security card for each household member. At the time of application submission, a preliminary review shall be made of the information provided and the applicant shall be requested to sign certain pertinent release forms that enable the Municipality to verify information in the application with outside parties. Other such forms shall also be signed by the applicant at later times as the need arises in the process of reviewing the application. These release formsfor example include: employment verification, social security benefits verification, and pension verification. In order to avoid any duplication of benefits, applicants shall be asked to provide signed certifications regarding the receipt o(any insurance, SBA, or FEMA payments for damages to the property resulting from Hurricane Wilma. The Municipality shall devise a certification form to be used by each applicant to certify whether or not the applicant received any insurance payments (which certification form shall be placed in the applicant's file). In addition, each applicant shall be required to sign a release form to be submitted to FEMA (provided herein as Exhibit B) for the purpose of verifying the receipt of any FEMA payments in connection with damages resulting from Hurricane Wilma. The Municipality shall fax this release form to FEMA with a request for information, regardless of whether the applicant applied for, or received, any FEMA assistance, and place FEMA's response in the applicant's file. The County shall provide the Municipality with FEMA contact information at a later date. Furthermore, the Municipality shall verify whether the applicant received any assistance from the United States Small Business Administration (SBA) by verifying the presence of the applicant's name on a list of SBA recipients to be provided by the County to the Municipality at a later date. The Advisor shall complete, sign and place a form in the applicant's file indicating whether the applicant's name appears on SBA's list. At time of application, the Municipality shall establish whether the applicant's property suffered damages from Hurricane Wilma. As a condition for receiving assistance, each applicant must be documented as having had damage to their home from Hurricane Wilma by means of: - a certification from the Municipality, or - a copy of a FEMA verification/claim, or - an insurance claim, or - an affidavit from the applicant that is attested by the Municipality. At time of application, the Municipality shall provide each applicant with a lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home", informing applicants of the potential risk of lead hazard exposure from renovation activity that may be performed in their homes, and the Municipality shall obtain from the applicant a signed receipt indicating that the applicant has received the stated pamphlet which receipt shall be placed in the applicant's file. Page 13 of 35 City of Delray Beach In conjunction with accepting an application from a selected applicant, the Municipality shall determine and document the "year built" of the applicant's home. The source to be used for "year built" information shall be the Palm Beach County Property Appraiser whose data maybe accessed through the Internet at h><l~_///www.co.palm-beach.ft.us/papa/index. htm. The Municipality shall obtain a print out of the "year built" information and place it in the file for each applicant. H. THE INITIAL INSPECTION PROCESS: The Inspector shall perform an inspection of the property proposed for rehabilitation for the purpose of assessing the conditions of the property and to determine if rehabilitation is necessary and feasible. If the Inspector determines that the property did not sustain any damages from Hurricane Wilma, then the Municipality shall reject the application for assistance by providing the applicant written notice of such determination. If the Inspector determines that the property did sustain damages from Hurricane Wilma (as supported by the documentation mentioned above), then the Inspector shall determine if the repair of such damages as well as the work needed to address all housing and building code violations is feasible within the funding limits of the program. In making this determination special attention shall be given to un-permitted additions and un- permitted enclosures. Un-permitted additions and un-permitted enclosures that can be practically improved as part of the rehabilitation process, and within the funding limits, may be undertaken. Un-permitted additions and un-permitted enclosures that cannot be practically improved as partof the rehabilitation process, and within the funding limits, shall be removed in conjunction with the rehabilitation process. Rehabilitation shall be deemed "feasible" when the cost of complying with the requirements of the Program as specified in this Agreement can be achieved within the funding limits established for the Program. That is, the cost of meeting the requirements of applicable code standards, hurricane damage repairs, lead-based paint remediation, hurricane protection, etc. In the event that the cost of complying with the requirements of the Program exceeds the funding limits established for this Program, rehabilitation may still be deemed "feasible" if the sum of the amount funded through this Program as specified in this Agreement plus amounts funded by the applicant (such as SBAIFEMA payments, insurance proceeds, or the applicant's personal funds) are sufficient to meet the cost of complying with the requirements of the Program. In this regard, after considering the amount of funding per applicant as allowed by this Agreement, and any SBA/FEMA payments and insurance proceeds, the Advisor shall discuss the anticipated costs with the applicant, and explore the possibility and potential of the applicant providing the gap in funds needed for the project. As part of this discussion, the Advisor shall not only consider the rehabilitation cost estimate provided by the inspector, but also other associated costs such as mortgage recording fees and termite treatment vests. Pursuant to this discussion, the Municipality shall then reach a decision whether to further pursue the project based on the ability of the applicant to fund the aforesaid gap from the applicant's resources or from a lender. Upon determining that a project cannot be undertaken based on the above (that is, the project is not feasible), the Municipality shall issue the applicant an application rejection letter in which it shall provide the reason for the rejection. For every such rejected project, the Inspector shall prepare a cost estimate to be maintained in the applicant's file to support such a determination. The Municipality shall proceed with processing projects that are deemed feasible. For projects built before January 1, 1978, that are feasible, the Municipality shall obtain alead-based paint inspection/risk assessment report as specified below. At the time of application intake or at any time thereafter during contact with an applicant or a household member of the applicant, if the Advisor finds out about a disability of the applicant or a household member of the applicant, the Advisor shall inform the Municipality's Inspector of such finding. Alternatively, the Inspector may find out about such a disability based on contact with an applicant or a household member. Aker determining that a project is feasible, and in conjunction with preparing a work write-up for a project, the Inspector shall obtain an affidavit from the applicant regarding the disability (if the disability affects a household member who is not a minor, either that person or the applicant may provide the affidavit). The Inspector may use a general affidavit form for this purpose. The affidavit must identify the person with the disability, it must describe the disability to the affiant's best knowledge, and it must describe the remedies proposed by the affiant to accommodate the disability that can be undertaken through the Program. The Municipality is encouraged to suggest the inclusion of any remedies that can be undertaken by the Program that come to its attention while in contact with the applicant, with household members, or while inspecting the property. The Municipality is cautioned not to omit anv information the affiant wishes to out in the affidavit. Page 14 of 35 City of Delray Beach The original affidavit must be placed in the applicant's file, and a copy must be presented with the work write-up when that is submitted to HCD for approval before bidding as required below. HCD shall examine the contents of the affidavit to determine if the work write-up has sufficiently addressed the accommodations needed, and consult with the County Attorney's office when necessary to achieve appropriate accommodation. In this regard, the Municipality is reminded that in addition to physical impairments that maybe encountered, disabilities may also include neurological impairments, mental impairments, and emotional impairments that might come to its attention. During its discussions with the applicant or a household member of the applicant, the Municipality shall inquire: a) if the disability is expected to be of long, continued, and indefnite duration, b) if the disability substantially impedes the person's ability to live independently, and c) if the disabled person's ability to live independently can be improved by more suitable housing conditions. The Municipality shall inform the applicant that disclosure of a disability will in no way affect the application for assistance. THE VERIFICATION PROCESS: During this process, the Advisor shall verify the information provided by the applicant with outside parties, and obtain additional information that is necessary in reaching a decision on whether to proceed with the project or not. The verification process shall include (a) INCOME VERIFICATION: The Municipality shall obtain written income verification of the applicant's household in order to establish eligibility under the Program. A household is defined as: "All persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements (24CFR Part 570)". A household shall be regarded as being eligible to receive assistance underthe Program if the projected prevailing rate of household annual income received from all sources by household size is at or below 80%of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. The current median income and schedule of qualifying incomes by household size shall be as revised and published in the Federal Register by HUD from time to time. The household annual income information to be used for eligibility determination underthe Program shall be that in effect on the date funding is approved for each applicant. Annual income of all household members shall be determined according to the HUD Section 8 method. In this regard, it should be noted that the HUD Section 8 method of computing income in part takes into account income from assets (actual and imputed, as applicable). Income shall be verified through use of verification forms signed by the pertinent household member authorizing verification by the source of income or by obtaining documentation produced by a third party that establishes income information. Verification forms may include forms such as: - employment verification - unemployment benefit verification - pension benefit verification - social security benefit verification -disability benefit verification - veteran's benefit verification -verifcation of benefits administered by HRS -interest income verifcation Each income earning household member must provide a signed copy of their last IRS return including attachments (last 2 returns for aself-employed person). It is recognized that IRS rules do not require the filing of a return if a person's income for example is below a certain amount as established by the IRS and revised from time to time. In such instance where an income-earning household member does not file a return, a notation shall be so indicated on the application form. The Municipality shall, for each adult household member who does not earn any income, obtain an affidavit from such household member indicating that no income is earned by such person. Page 15 of 35 City of Delray Beach In the course of establishing and verifying household income for each applicant, the Municipality shall reconcile annual income information with annual household expenses reported by the applicant or determined by the Municipality. While reviewing this income and expense data, the Municipality shall examine such data for consistency allowing for reasonable living expenses of the household (such as food, clothing, and transportation). Where annual obligations and other household expenses (such as mortgage payments, car loans, utilities, and real estate taxes) appear to constitute substantial portions of household income not allowing room for reasonable living expenses, the Municipality shall further investigate annual income and expense information with the applicant in order to resolve unreconciled differences between both. If resolution of such matters cannot be reached to the satisfaction of HCD, the applicant's request for assistance may be suspended until satisfactorily resolved or else may be rejected. (b) TITLE VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the title of record to the property proposed for rehabilitation is held by the applicant (such as a deed or court order). (Tax records shall not constitute adequate proof in this regard). (Documents showing that the applicant holds a life estate in the property shall be acceptable). The Municipality shall assure that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. If the applicant is not able to demonstrate compliance with this requirement, the Municipality shall reject the applicant from participation in the Program in writing. A copy of the rejection letter shall be maintained in the applicant's file. (c) REAL ESTATE TAX VERIFICATION: The Municipality shall place in the file for each applicant copies of documents that show that the real estate taxes for the property proposed for rehabilitation have been paid in full. (d) MORTGAGE VERIFICATION:In orderto avoid funding an applicant who has mortgage obligations that are delinquent and that may lead to foreclosure and eventual loss of the property proposed for rehabilitation, the Municipality shall verify with the mortgagee that mortgage payments are current. Applicants, determined to have delinquent mortgage payments or who are in foreclosure shall be rejected by the Municipality in writing after having given the applicant a reasonable period of time to correct these conditions. Copies of rejection letters shall be maintained in the applicant's file. (e) INSURANCE VERIFICATION: The Municipality shall document that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation. If the property is in a Flood zone "A" or flood zone "V", the applicant shall be required to maintain Flood insurance on the property and the Municipality shall, before closing, maintain documentation evidencing such insurance coverage in the applicant's file. Such coverage shall be at least equal to the sum of the anticipated mortgage encumbrance against the property resulting from this Program and the balance of all other senior mortgage encumbrances against the property. The applicant shall also provide copies of all insurance claims, insurance settlements, and insurance payments received in connection with damages to the property. The Municipality shall obtain from the applicant an affidavit in connection with all insurance funds received by the applicant for damages to the property. If the applicant did not receive any insurance funds for damages to the property, then the Municipality shall obtain from the applicant an affidavit to that effect to be placed in the applicant's file. (f) ENVIRONMENTAL REVIEW: The Municipality shall complete an environmental review checklist (or each property proposed for rehabilitation in accord with the requirement of 24 CFR Part 58 and maintain such in the applicant's file. In addition, the Municipality shall complete the Categorical Exclusion Suggested Format form provided herein as Exhibit C and submit such form with its required documentation to HCD for review and approval. The Municipality shall rectify all matters brought to its attention by HCD that are related to the contents of the Categorical Exclusion Suggested Format form as a precondition to proceeding with the project. Page 16 of 35 City of Delray Beach (g) LEAD-BASED PAINT VERIFICATION: All dwelling units built before January 1, 1978, shall be inspected for the presence of lead-based paint as required by applicable lead- based paint regulations. The Municipality shall retain the services of an EPA certified lead-based paint inspector, who is also an EPA certified lead-based paint risk assessor to perform asurface-by-surface investigation (of all interior and exterior painted, stained, varnished or shellacked surfaces, regardless of whether or not such surfaces will be disturbed in course of rehabilitation) in order to determine the presence of lead- based paint, and shall submit to HCD a report containing the results of the inspection and risk assessment. The report shall identify surfaces containing lead-based paint which are in a stable condition (regarded not to constitute a hazard), and surfaces which contain lead-based paint and which are deteriorated or subjected to friction or impact (regarded to constitute a hazard). The findings of the report shall be used by the Municipality in preparing the work items intended to accomplish lead-based paint remediation, and shall be used for the preparation and provision of the Lead-based Paint Notice of Evaluation and/or Presumption as required by applicable regulations. The services of the lead-based paint inspector/risk assessor retained by the Municipality shall be procured in accord with the requirements of this Agreement if the Municipality wishes to be reimbursed by the County for the cost of these services. In such instance, the Municipality shall submit its request for proposals for consultant services package to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obta in HCD approval prior to awarding the contract for these consultant services. (It is suggested that the above services also include the clearance testing services mentioned below). The Municipality shall pay the lead-based paint inspector/risk assessor for the above mentioned reports and clearance testing services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. THE WORK WRITE-UP PREPARATION PROCESS: If upon review of the information verified through the preceding process the applicant appears to be qualified, a work write-up shall be prepared by the Inspector forthe rehabilitation project. The work write-up shall contains a detailed list of construction specifications the execution of which will correct the deficiencies at the property and will upgrade the property to the extent practicable and feasible to applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). The work write-up shall also contain items to address lead-based paint remediation, hurricane protection, energy efficiency and conservation, and ones that are intended for the removal of architectural barriers and the correction of damages caused by Hurricane Wilma. (a) CODE RELATED ITEMS: These are work item that are intended to correct code violations, that is the correction of deficiencies at the property which are not in compliance with applicable housing and building code standards (including the HUD Section 8 Housing Quality Standards). These items may also include compliance with any historic preservation requirements applicable to the property. (b) HURRICANE PROTECTION ITEMS: The work write-up shall include work items that address hurricane protection as required by code. Additional hurricane protection measures not required by code may be included in the work write-up to the extent practicable and feasible. (c) HOMEOWNER ASSOCIATION REQUIREMENTS: Should the work write-up contain items that are also regulated by a homeowner association, then the work write-up shall address the requirements of the homeowner association for such items only, such as complying with color or style requirements for exterior building components, and obtaining homeowner association approval of building materials or exterior building components. In such instances the work write-up shall require the contractorto submit such for approval by the homeowner association prior to the commencement of the work. Page 17 of 35 City of Delray Beach (d) DISABILITY ACCOMMODATIONS: In the event that an applicanland/ora household member has a disability that comes to the attention of the Municipality, an affidavit shall be obtained from the applicant/household member which contains remedies proposed by the affiant to accommodate the disability that can be undertaken through the program as previously described. When the disability is expected to be of long, continued, and indefinite duration, and if the disability substantially impedes the person's ability to live independently, and if the disabled person's ability to live independently can be improved by more suitable housing conditions, then the work write-up shall include such work items (remedies proposed by the affiant) that would accommodate the disability and that can be undertaken through the Program. (e) REHABILITATION/DEMOLITION OF UN-PERMITTED ENCLOSURES AND ADDITIONS: The work write-up shall provide for the improvement of existing un- permitted additions and enclosures such that they comply with applicable codes if feasible and practical, and within the funding limits. Un-permitted additions and enclosures that are not feasible or practical to improve as part of the rehabilitation process, and within the funding limits, shall be demolished. Mortgagee/lien-holder consent to demolish shall be obtained when there are existing mortgages/liens on the property. (f) LEAD-BASED PAINT REMEDIATION: If the lead-based paint inspection/risk assessment report reveals the presence of lead-based paint at the property (or if such report leads to a presumption of the presence lead-based paint at the property), then the work write-up shall include a disclosure (and warning) as follows: - A disclosure of the building components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and that will remain at the property during and after the rehabilitation project, and a warning to the contractor, all subcontractors, and all their employees and workers, not to disturb any of these building components, materials, and surfaces in any manner, shape, or form. - A disclosure of the building components, materials, and surfaces that have been found to contain lead-based paint or are presumed to contain lead-based paint, and that will be abated by qualified persons in connection with the rehabilitation project, and a warning to the contractor, all subcontractors, and all their employees and workers, except for persons qualified to do so, not to disturb any of these building components, materials, and surfaces in any manner, shape, or form. - A disclosure of the dust lead hazards found at the property that will be remediated by qualified persons in connection with the rehabilitation project. - A disclosure of the soil lead hazards found at the property that will be remediated by qualified persons in connection with the rehabilitation project. The work write-up shall include items that achieve the remediation of surfaces which contain lead-based paint and which are expected to be disturbed during the process of rehabilitation construction, as well as items that achieve the remediation of surfaces which contain lead-based paint and are deteriorated or subjected to friction or impact and regarded to constitute a hazard, as well as items that address the remediation of dust and soil lead hazards. Lead-based paint remediation shall be undertaken using the "abatement" method which shall be performed by appropriately certified persons. The work write-up may also include items that achieve the remediation of surfaces which contain lead-based paint which are in a stable condition (regarded not to constitute a hazard) at the Municipality's option. The inclusion of such optional items may be intended to achieve a lead free house, or where the house is permanently occupied by at least one child less than six (B) years old. The work write-up for abatement shall specify the scope of the hazard reduction activity, the lead hazard reduction duration, the status, and length in days, of occupant temporary relocation, the compliance requirements, the qualifications to perform the work, and shall require an occupant protection plan, clearance testing, and an abatement report. Page 18 of 35 City of Delray Beach (g) ASBESTOS CONTAINING MATERIALS: Should the Inspector, while preparing the work write-up, encounter suspect asbestos containing materials, such as transite siding, or should the Inspector encounter a current or prior non-residential use of the property (the house and its surrounding site), then the Inspector shall inform HCD of such observation. HCD shall then cooperate with the Municipality to obtain an asbestos survey of the property in order to determine the presence of asbestos containing materials, which i( found, shall be addressed in accord with applicable regulations. Each work write-up submitted to HCD shall be accompanied by a certifcation from the Inspector who prepared the work write-up indicating whether or not there is any evidence of a current or prior non-residential use of the property. (h) APPLICANT'S WORK WRITE-UP REVIEW AND APPROVAL: The Inspector shall review the completed work write-up with the applicant who shall sign a review and approval statement indicating: -That the work write-up has been reviewed with the applicant. -That the applicant understands the scope of work and the specifications of the work to be performed on the applicant's property. - The applicant's agreement that no changes to the work write-up specifications will occur except for items needed to meet housing or building code requirements. - The applicant's authorization allowing the Municipality to obtain bids for the work contained in the work write-up. (i) HCD WORK WRITE-UP APPROVAL AND IN-HOUSE COST ESTIMATE: Each completed work write-up signed by the applicant shall be maintained in the applicant's file. The Municipality shall provide HCD, for HCD's approval before bidding, a copy of such work write-up initialed by the Inspector and showing the Inspector's in-house cost estimate for each item in the work write-up. The work write-up shall be accompanied by a copy of lead-based paint inspection/risk assessment report, a copy of the aforesaid asbestos certification as prepared by the Inspector, as well as copies of any disability affidavits. HCD shall advise the Municipality of its determination concerning its review of the work write-up within ten (10) working days of its receipt. K. BIDDING AND BID EVALUATION: Bids for the work detailed in the work write-up shall be solicited by the Municipality from contractors on a list of bidders established by the Municipality. The Municipality shall determine the requirements (such as licensing and insurance requirements)to be met by such contractors for admission to the list of bidders. For projects requiring lead-based paint abatement, the rehabilitation contractor submitting a bid must be, or must hire, a certified lead- based paint abatement contractor as a subcontractor. The bid documents to be used for this purpose shall include the address, property owner, and property owner contact information for the property to be rehabilitated, shall require bidders to visit the property, and shall specify the location, date, and time by which bids must be submitted. The bid documents shall specify the number of days after bid opening that bids are to remain valid. The bid documents shall contain provisions for addressing inconsistencies, interpretations, and supplemental instructions, as well as provisions for the modification, withdrawal, rejection, and award of bids. The bid documents shall contain the warranty and release of liens requirements as well as the insurance requirements for both the contractor and the lead-based paint abatement contractor (or subcontractor). The bid documents shall contain the Federal requirements applicable to projects funded under the Program. For projects requiring lead-based paint abatement, the bid documents shall specify that the Program shall pay for the first clearance test to be undertaken in connection with the abatement for a project, and shall specify that the contractor shall be responsible for the cost of all subsequent clearance tests to be obtained by the Municipality for that project. The bid documents shall indicate that the cost of all clearance tests obtained by the Municipality and required for a project after the initial clearance test, shall be deducted from the contractor's payment. For projects requiring lead-based paint abatement, the bid documents shall specify the number of days for which the Program shall pay for occupant temporary relocation, if any. The bid documents shall specify that the Program shall pay for occupant temporary relocation costs for the pre-specified number of days, and shall specify that the contractor shall be responsible for the cost of all subsequent occupant temporary relocation made necessary as a result of the contractor's failure to pass any clearance testing. The bid documents shall indicate that the cost of all occupant temporary relocation necessitated as a result of the contractor's failure to pass any clearance testing and paid by the Municipality, shall be deducted from the contractor's payment. Page 19 of 35 City of Delray Beach The Municipality shall require contractors to submit sealed bids for the work contained in the work write-up after visiting the applicant's property to acquaint themselves with existing conditions. The Municipality shall only accept bids up to apre-specified date and time after which such bids shall be opened at the Municipality's offices. Bid openings shall be open to bidders, applicants, and the general public. At the bid opening the Municipality's designated employees shall open the bids and announce total amounts bid. The announced totals shall be recorded on a bid spreadsheet showing each bidder's name and total amount bid as announced. After all bids are opened and announced the Municipality shall calculate the sum of all the individual items contained in each bid to check for discrepancies between such sum and the amount read at the bid opening. Where a discrepancy exists in a bid between the true and correct sum of itemized costs and the total announced at the bid opening, the true and correct mathematical sum of itemized costs shall prevail and the spreadsheet shall be noted accordingly. Upon close examination of all bids, the Municipality shall make a determination on the apparent lowest responsive responsible bidder that best meets the terms, conditions, and specifications of the bid and that will result in the best interest of the applicant, the Municipality, and the County. The Municipality shall evaluate the lowest bid to establish whether the total bid is within the funding limit, and shall provide the applicant an opportunity to contribute to the project any funds needed for the project above the funding limit. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicant wish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. Should the Municipality wish to place a limit on the number of construction contracts that may be awarded to a participating contractor at any one time under its Program, then the Municipality shall disclose such conditions in the bid documents. The Municipality shall secure the services of a vendor in connection with the Program to provide treatment of termites and other wood destroying organisms (extermination) at the property of all applicants where such infestation is found. The contract for these services shall be on an "as needed basis",and shall establish the cost of such services for use when needed. Before securing these services, the Municipality submit its request for proposals for extermination vendors to HCD and obtain a letter of approval prior to soliciting proposals, and the Municipality shall obtain HCD approval prior to awarding the contract for these extermination services. Should the Municipality not be able to obtain HCD approval for the aforesaid contract, or should it choose to solicit these extermination services for each applicant on a project by project basis, then the Municipality shall, in like manner as described above, establish a lis[of companies qualified to provide such services, and shall, for each applicant, solicit, obtain, and evaluate bids from such companies for the treatment of termites and other wood destroying organisms that may be found at the property to be rehabilitated under the Program. Funding shall be recommended for the lowest responsive responsible bidder. Should the applicant wish to select another bidder, then the difference in cost between the lowest bidder and that selected by the applicant shall be funded by the applicant. PROJECT UNDERWRITING: The Municipality shall complete a project underwriting process which entails undertaking several tests to verify if Program requirements have been met. This process also entails the formulation of a funding recommendation when such requirements are met, or the rejection of the application if these requirements can not be met by the applicant. The Municipality shall, for each applicant, document the following: (a) INFORMATION CONSISTENCY: The Municipality shall assure that the information submitted by the applicant and other information verified through third parties or gathered by the Municipality is consistent. If the preceding can not be met, the Municipality shall request the applicant to provide corrected information or an explanation such that satisfactory consistency exists in the opinion of the Municipality and HCD. Failure to do so particularly where willful falsification exists shall be regarded as grounds for rejection of the application and denial of any assistance. (b) PROPERTY LOCATION: The Municipality shall assure that the property to be rehabilitated is located within its municipal boundaries. An applicant whose property is not located within these boundaries shall be rejected. Page 20 of 35 City of Delray Beach (c) PROPERTY ELIGIBILITY: The Municipality shall assure that the property to be rehabilitated is a detached one dwelling structure entirely used for residential purposes. The Inspector, at the time of initial inspection, shall establish the number of units at the project and its use for residential purposes. If the number of units exceeds one detached dwelling unit, such condition shall be remedied by actions that result in no more than one detached dwelling unit after rehabilitation by including the removal of any excess units in the work write-up. Any such demolition shall not result in the displacement of any occupant and shall comply with One-for-One Replacement regulations. If the property is not entirely used for residential purposes, such condition shall be remedied by actions that result in elimination or conversion of non-residential portions of the property to residential use. (d) OCCUPANCYlRESIDENCY: The Municipality shall assure that the applicant resides at the property to be rehabilitated which shall be determined at the time the property is inspected and through the applicant's address as revealed by the various documents received during the application/verification process. If the applicant does not occupy the property, the applicant shall demonstrate extenuating circumstances for not residing at the property. Rehabilitation may proceed provided that the rehabilitation renders the property occupiable, and provided that the applicant submit a written commitment prior to funding approval clearly indicating the intent of the applicant to reside at the property after completion of the rehabilitation process. Extenuating circumstances may include certain circumstances such as damages from hurricane Wilma, or a determination of the property's unfitness for habitation by a building or other official for reasons of safety or other danger al the property that can be remedied through the Program. HCD shall determine the type of documentation necessary and/or acceptable to demonstrate the existence of these extenuating circumstances, and if the extenuating circumstances are acceptable. (e) PROPERTY OWNERSHIP: The Municipality shall assure that the title of record to the property proposed for rehabilitation is held by the applicant at the time of application and that the applicant owned the property proposed for rehabilitation at the time of Hurricane Wilma on October 24, 2005. Note: the above condition requiring that the applicant have an ownership interest in the property to be rehabilitated does not preclude other parties who do not reside at the property from having an ownership interest in the property in addition to that of the applicant. These other parties are not regarded to be part of the applicant's household, however any such other parties having an ownership interest must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. In instances where the applicant has a life estate, all "remainder men' must agree to and join the applicant in executing program documents that secure the rehabilitation costs and encumber the property. (f) REAL ESTATE TAX PAYMENT: The Municipality shall assure that the real estate taxes for the property proposed for rehabilitation have been paid in full and shall place in the file for each applicant copies of documents showing the same. (g) CURRENT MORTGAGE PAYMENTS: For applicants who have mortgage obligations, the Municipality shall assure that such mortgage obligations are not delinquent and that mortgage payments are current. (h) PROPERTY INSURANCE: The Municipality shall assure that the applicant, at minimum, maintains homeowner insurance on the property proposed for rehabilitation, and if the property is in a Flood zone "A" or flood zone "V", it shall assure that the applicant maintains flood insurance on the property. If such insurance in not in place at the time of application, then the Municipality shall, before closing, obtain documentation evidencing such insurance coverage. (i) DAMAGES FROM HURRICANE WILMA: The Municipality shall assure that the applicant's property suffered damages from Hurricane Wilma as previously described. (j) RECEIPT OF SBA OR FEMA BENEFITS AND INSURANCE PROCEEDS: The Municipality shall assure that there is not duplication of benefits. The Municipality shall verify the receipt of any SBA and/or FEMA payments by the applicant in connection with Hurricane Wilma and shall document such. The Municipality shall verify the receipt of any insurance proceeds by the applicant in connection with Hurricane Wilma and shall document such. Page 21 of 35 City of Delray Beach (k) LEAD HAZARD PAMPHLET: The Municipality shall assure that each applicant has received a lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home', and shall obtain from the applicant a signed receipt for such pamphlet. (I) LEAD NOTICE: For each property built before 1/1/78, the Municipality shall assure that each applicant has received a Lead-based Paint Notice of Evaluation and/or Presumption and shall obtain from the applicant a signed receipt for such notice. (m) ENVIRONMENTAL AND HISTORIC REVIEW: The Municipality shall assure that there are no environmental or historic considerations that would prevent the rehabilitation of the property, and that it has complied with all environmental and historic requirements. (n) PRESENCE OF ASBESTOS: The Municipality shall assure that the rehabilitation of the property shall not cause any asbestos exposure and it shall comply with applicable asbestos regulations when there is evidence of a current or prior non-residential use at the property (the house and its surrounding site). (o) HOUSEHOLD INCOME: The Municipality shall assure that the annual income of the household occupying the property to be rehabilitated as received from all sources, by household size, is at or below 80% of the applicable median family income for the West Palm Beach-Boca Raton Metropolitan Statistical Area. M. PROGRAM COSTS FUNDING LIMITS AND SECURITY: (a) ELIGIBLE PROGRAM COSTS: The following expenses shall be regarded as eligible costs under the Program: - Labor, materials, and other costs of rehabilitation of properties, including repair directed toward an accumulation of deferred maintenance, removal of material and architectural barriers that restrict the mobility and accessibility of elderly or severely disabled persons, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to, or enhancement of existing structures, which may be undertaken singly, or in combination. - Improvements to increase the efficient use of energy in structures through such means as installation of storm windows and doors, siding, wall and attic insulation, and conversion, modification, or replacement of heating and cooling equipment, including the use of solar energy equipment. - Improvements to increase the efficient use of water through such means as water saving faucets and shower heads and repair of water leaks. - Improvements to provide windstorm protection to render rehabilitated homes less vulnerable to future wind related damage. -Connection of residential structures to water distri button lines or local sewer collection lines (excluding payment of certain associated fees, such as impact fees, not eligible under the CDBG program). - Costs of flood insurance premiums and associated service charges as established under the Nation Flood Insurance Program for a period of up to three years. - Costs of inspecting, testing, and abatement of lead-based paint and asbestos containing materials pursuant to applicable regulations. - Costs associated with the processing of rehabilitation applications such as a title search or state and local fees for recording documents prepared in conjunction with the Program. -Costs of obtaining construction related professional services including architectural, engineering, and surveying services, including the preparation of related technical documents, and inspections associated with execution of the content of such documents as pertains to the rehabilitation work. - Costs of performing inspections of termite or other wood destroying organisms and extermination thereof. - Construction contingency funds at an amount which is the lesser of five percent (5%) of the construction contract amount or $1,000. - Costs of consultants to provide the services of an Inspector and/or an Advisor as described herein, and where a separate budget is provided under this Agreement. -Temporary relocation costs for the members of the household where rehabilitation is being performed. Page 22 of 35 City of Delray Beach (b) FUNDING LIMITS AND SECURITY: All costs for each applicant, except for temporary relocation costs and the cost of consultants to provide the services of an Inspector and/or an Advisor, shall be provided as a loan subject to the following: -The maximum funding amount per applicant (or payment of rehabilitation construction costs and incidental expenses regarded as eligible under this Agreement: $37,000. - Security: A mortgage and promissory note, in the amount funded to the applicant, shall be executed by all property owners of record at the closing described below and shall be recorded by the Municipality in the public records of Palm Beach County immediately after such closing. The Municipality shall be the mortgagee on all such mortgages and shall be the benefciary of the promissory notes. Note: all additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shall be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records in like manner. - Interest rate: 0%. -Term: 10 years for amounts funded up to $20,000, and 15 years for amounts funded that are equal to or greater than $20,000. - Repayment Provisions and Events of Default: No repayment shall be made by the mortgagor during the term of the mortgage, except that the entire principal amount of the loan (and any other amounts required by the mortgage) shall be repaid by the applicant in the event of default as specified in the mortgage including the lease, sale, transfer of title to, or disposition of, the mortgaged property. - Repayment of funds during the term of this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives during the term of this Agreement. The Municipality may request the County to add such transmitted funds received during the term o(this Agreement to the amount funded under this Agreement for such uses as described in the Agreement. - Repayment of funds after the expiration this Agreement: The Municipality shall immediately transmit to the County all mortgage repayments that the Municipality receives after the expiration of this Agreement. The County shall then transmit such funds to the State. The provisions of this clause shall survive the expiration of this Agreement. N. PROJECT APPROVAL: Upon assurance of project compliance with the requirements of the Program, and formulation of a funding recommendation for the applicant, the Municipality shall submit to HCD the entire applicant file compiled to date and a financial write-up of the project by which the Municipality requests HCD to approve funding for the applicant. HCD shall advise the Municipality of its determination concerning its review of the financial write-up within ten (10) working days of HCD's receipt of the financial write-up. The financial write up shall contain the following information: - ApplicanUOwner Information: the name and address of the applicant, the names of the owners, and a statement concerning the presence of any owners that do not occupy the property. - Household Information: identify the persons in the household, their relationship and ages. - Household Income Information: identify each household member receiving an income, the type of income, and the amount of monthly income, provide the household annual income, and a statement that the household is income eligible. - Property Information: provide a unit description (one unit substandard detached residence), occupancy status (owner occupied), year built, year acquired, number of bedrooms, square footage area, a statement that the property sustained damages from Hurricane Wilma, and a statement that the property is located within the municipal boundaries. - Property Obligations: identify the status of real estate tax and mortgage payments, and property insurance coverage. - Project Costs: list all project costs for items such as Inspection/risk assessment report, clearance test, rehabilitation construction, termite treatment, recording fees, and construction contingency, and provide a total cost for the project. - Receipt of Benefits/Proceeds: provide a statement concerning the applicants receipt of any SBA/FEMA benefits and/or any insurance proceeds, the amount thereof, and an explanation of which portion of such received funds will be contributed by the owner to the cost of the project. - Funding Eligibility: provide a statement that the applicant is eligible to receive funding in accord with the Agreement between the County and the Municipality. - Funding Recommendation: provide a funding recommendation indicating the recommended sources of funds, and the amount from each source, to meet the total cost of the project. Page 23 of 35 City of Delray Beach - Submission Statement: provide a statement identifying the person who prepared and submitted the financial write-upon behalf of the Municipality and provide a signature and date for submission from such person. - Funding Approval: provide a section for HCD to indicate its approval of the funding recommendation and a signature and date for such approval, and allow a section for HCD comments in this regard. O. PROJECT CLOSING: Upon approval of project funding by HCD, the Municipality shall prepare certain project documents to be executed at the closing which shall be attended by The Advisor, the applicant, and the contractor for the project that has been selected through the bid process. The Municipality shall assure that the following has occurred as apre-requisite to closing: -The Inspector shall conduct apre-closing pre-construction site conference/walk-through with the applicant and the contractor. At this walk-through the participants shall review the scope of work to be performed, the schedule of work, and they shall establish whether there is a need for the homeowner to move any personal or household items to facilitate the contractor's work. -The Advisor shall receive evidence of contractor insurance as specified in the bid documents and construction contract which evidence shall be placed in the applicant file. - The Advisor shall verify that the project contractor does not appear on the current General Services Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs (see htto://www.epls.govl). - For projects requiring lead-base paint abatement, the Advisor shall receive from the contractor an occupant protection plan prepared according to applicable regulations. The closing shall be conducted by the Advisor who shall review all documents with the applicant prior to execution. The documents to be executed by the applicant shall include: - Mortgage. - Promissory Note. - Notice of Commencement. - Notice to Proceed. -Contract for Exterminating Services (between the applicant and the exterminating company). -Construction Contract (between the applicant and the contractor). Note: All owners of record (including the applicant(s) who reside at the property and owners who reside elsewhere) must execute the mortgage and promissory note. In instances where the applicant has a life estate, all "remainder men' must join the applicant in executing the mortgage and promissory note. The documents to be executed by the contractor shall include: -Construction Contract (between the applicant and the contractor). - Certification of Nonsegregated facilities. - Certification of Eligibility of General Contractor. - Noncollusion Affdavit of Prime Bidder. - Anti-kickback Affidavit. The Advisor shall provide the contractor blank payment request forms forthe contractor's use, and after the closing shall obtain the exterminating company's counter signature on the Contract for Exterminating Services. The Municipality shall, immediately after the closing, assure that the original executed mortgage accompanied by a copy of the promissory note, and the notice of commencement are recorded in the public records of Palm Beach County. The Inspector shall, immediately after recording, assure that a certified copy of the recorded Notice of Commencement is posted in a visible location at the property to be rehabilitated. The Municipality shall assure that all funds from other sources, except funds to be provided under this Agreement, intended for a project regardless of source shall be available at closing. This shall include all the applicant's contributions, all insurance proceeds and/orany payment from SBA/FEMA (or other agency), as well as all the Municipality's funds to be used for the project. All such funds, in the form of checks made payable to the Palm Beach County Board of County Commissioners, shall be transmitted to HCD immediately after the closing for escrow. For projects where lead-based paint abatement is to be performed and where the occupants of the house are to be temporarily relocated, the Advisor shall, at the closing, coordinate the abatement work days and the temporary relocation dates with the applicant, the contractor, the Inspector, and the hotel. Page 24 of 35 City of Delray Beach The Municipality shall use a Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who are unable to read (for illiterate persons and for persons who due to a physical disability are unable to read), and who do understand English. The Advisor shall list on this affidavit all documents by name that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner or someone well acquainted with the property owner) to read these documents to the property owner. The Advisor shall prepare and deliverthese documents to the reader in advance of the closing to allow enough time for reading. The Document Affidavit shall be executed by the reader and secured by the Advisor for the closing to be placed in the applicant fle. The Municipality shall use a Translated Document Affidavit, a blank form of which shall be provided to it by HCD, in connection with closings for property owners who do not understand English. The Advisor shall list all documents byname that are included in the closing, and that are to be executed by such property owners. The Advisor shall also arrange for someone (such as a friend or a relative of the property owner or someone well acquainted with the property owner) to translate these documents to the property owner noting that an oral translation is sufficient, provided that the nature and effect of the documents is translated. The Advisor shall prepare and deliver these documents to the translator in advance of the closing to allow enough timefor translation. The Translated Document Affidavit shall be executed by the translator and secured by the Advisor for the closing to be placed in the applicant file. P. REHABILITATION CONSTRUCTION: The Inspector shall inspect the work in progress being performed by the contractor and review and approve all construction draws made against the contract. The applicant shall approve all work requested for payment. A minimum five percent (5%) retainage shall be applied to each progress draw, with the accumulated retainage amount released in conjunction with final payment. All lead-based paint remediation, temporary relocation of occupants, notifications, clearance testing, and related documentation shall be carried out in compliance with HUD lead-based paint regulations for projects funded under the Program. During construction, change orders for unforeseen code related work items necessitating an increase in the contract amount may be approved provided contingency funds are available. If contingency funds are insufficient, additional funds may be obtained for the project as described below. The Municipality shall request HCD's approval of all change orders before they are signed regardless of whether or not the change orders cause an increase in the contract amount. HCD shall advise the Municipality of its determination concerning its review of change orders within ten (5) working days of HCD's receipt of the proposed change order. Upon completion of the work, the contractor shall ensure that all work has been approved by the building department with jurisdiction over the project, and obtain the necessary permit approvals. The contractor shall request a final inspection by the Municipality which shall be followed by the Municipality providing the contractor with a punch list of deficiencies (if such deficiencies exist) to be corrected by the contractor prior to final payment. When the work is fully completed, the Municipality shall obtain the applicant's approval of the final payment. The final payment shall be subject to the Municipality's receipt of the following from the contractor: -Original building permits with Bldg. Dept. final approval, and Certificate of Completion. -Original contractor's roof nailing affidavit. -Original contractor's warranty showing the final inspection date/warranty start date. -Original contractor's release of lien (with all subcontractors listed). -Original subcontractors' releases of lien for subcontractors with Notices to Owner. - Original abatement report for projects with lead-based paint abatement. - Required product approvals. - Manufacturers' warranties for equipment and appliances. The Municipality shall pay the contractor for completed work that is contained in the construction contract as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. Page 25 of 35 City of Delray Beach Furthermore, in connection with the first draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the executed construction contract. - A copy of the contractor's bid showing the work items and the cost of each. - A copy of the contractor's payment request approved by the Inspector and the applicant, which shows the work items approved for payment and their costs, and which provides an accounting of the contract amount, change orders, retainages, payments to date, deductions and a computation of the approved payment. - A copy of the check tendered in payment by the Municipality. In connection with the interim draws for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. In connection with the final draw for each construction contract that is requested for reimbursement, the Municipality shall provide the following: - A copy of the contractor's roof nailing affidavit. - A copy of the contractor's warranty. - A copy of the contractor's release of lien. - A copy of the abatement report. - A copy of the contractor's payment request as specified above. - A copy of the check tendered in payment by the Municipality. Extermination, if necessary, shall be carried out after completion of construction and as scheduled by the Advisor. The Municipality shall inspect the extermination work and review and approve the payment for such services. The applicant shall also approve extermination work requested for payment. The Municipality shall pay for the completed extermination work that is contained in the contractfor exterminating services as approved by HCD, and request HCD for reimbursement of such costs. The County shall reimburse the Municipality for such costs as provided in this Agreement. Furthermore, in connection with the extermination services that are requested for reimbursement, [he Municipality shall provide the following: - A copy of the executed contract for exterminating services. - A copy of the company's invoice approved by the Municipality and the applicant. - A copy of the check tendered in payment by the Municipality. O. TEMPORARY RELOCATION POLICY: The Municipality shall not cause the permanent dislocation of any persons as a result of implementing the Program. The parties to this Agreement recognize that the rehabilitation process may in some instances require the temporary relocation of the applicant and the applicant's household members due to activities such as lead-based paint abatement or during extermination of wood destroying organisms. Accordingly, the Municipality hereby adopts the below Temporary Relocation Assistance Policy and obligates itself to making the payments associated therewith. Temporary Relocation Assistance Policy: Should in the course of rehabilitation activities undertaken under the Program envisioned by this Agreement, the necessity arise to temporarily relocate the members of the household where rehabilitation is being performed (while lead-based paint abatement is taking place, or during extermination of wood destroying organisms, for example), then the Municipality shall pay for the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. The Municipality shall endeavor [o minimize the cost of such accommodations while arranging for accommodations that are as close to the home being rehabilitated as possible, for the least number of nights possible, and while minimizing disruption to the family (that is, maintaining proximity today care, schools, or work). The Municipality shall pay the business provider of such temporary housing the cost of such temporary relocation from the budget established for such purpose in this Agreement, after having procured such services in accord with this Agreement. The County shall reimburse the Municipality for temporary relocation payments in connection with this Agreement up to the amount in [he allocated budget. Page 26 of 35 City of Delray Beach The Municipality shall not secure any such temporary relocation payments by the mortgage given by the applicant under the Program. Nothing herein shall preclude the applicant from voluntarily temporarily relocating to a location of the applicant's choice (such as with friends or family) while Program activities are underway without seeking payment from the Municipality. R. PROJECT CLOSEOUT: After all project contracts, invoices, and expenses have been paid, the Municipality shall prepare and submit to HCD, along with the entire applicant file compiled to date, a closeout statement which shall show all allocated funds, and an itemized listing of all payments made on behalf of the applicant, and all undisbursed funds and their disposition. Funds that have been secured by the mortgage and that have not been expended shall be credited by the Municipality to the applicant as a principal reduction of the loan. The closeout statement, shall be prepared and signed by the Advisor, and shall be placed in the applicant file with a copy provided to the applicant. S. OTHER RELATED MATTERS: (a) PROGRAM DOCUMENTS: Prior to the Municipality's use of any documents listed below in connection with this Agreement, the Municipality shall submit the following to HCD for approval: Lead-Based Paint Notice of Evaluation And/Or Presumption, Lead- based Paint Notice of Hazard Reduction Activity, bid documents and solicitation documents for all services, construction contract, notice of commencement, release of liens, warranty, extermination contract, mortgage, promissory note, notice of future advance, and affidavits. The Municipality shall use the above documents as approved by HCD in connection with this Agreement. After the execution of this Agreement, the Municipality agrees to submit, in like manner, any other Program documents requested of it by HCD for review and approval. (b) DATE VALIDITY OF DOCUMENTS: The below identified documents contained in applicant files at the time of funding approval by HCD shall be no more than six months old: -Income verifications and income affdavits. - Verification of real estate and mortgage liabilities. - Evidence of owners funding. Note: Construction and extermination contractor's bid proposal validity date may be voluntarily eziended by a letter from the contractor, and if not voluntarily extended by the contractor, the Municipality shall procure such services again through the bid process. (c) ADDITIONAL FUNDING: The Municipality may request additional funding in excess of amounts approved by HCD for a project (such as for change orders), provided that the sum of additional funding and original projectfunding does not exceed the funding limit per applicant established in this Agreement. In its request, the Municipality shall identify the purpose of the additional funds and provide a detailed accounting of the items to be funded. In the instance where such sum would exceed the funding limit per applicant established in this Agreement, the applicant shall be given the opportunity to makeup any funding short fall, and if not made up by the applicant, the Municipality may request HCD for a waiver allowing the sum to exceed such limit. The approval of waivers, if recommended by HCD, shall be made by means of an amendment to this Agreement to be executed by the parties with the same formality as this Agreement. Waivers may be considered in connection with the need for additional funds arising from unforeseen conditions related to the construction rehabilitation at the property, or in connection with any other needs deemed appropriate by HCD and otherwise regarded as eligible program costs as identified herein. All additional funds, not included in the mortgage and promissory note, and provided after the mortgage and promissory note have been executed, shall be secured by means of a notice of future advance and promissory note, before such funds are expended. The notice of future advance and a copy of the promissory note shall be promptly recorded by the Municipality in the public records of Palm Beach County. Page 27 of 35 City of Delray Beach (d) TERMINATION OF FUNDING: The Municipality shall take steps to terminate funding and accelerate loan repayment during the rehabilitation process if: -The applicant refuses or fails to allow the rehabilitation work to commence within thirty (30) days from construction contract award. - The applicant refuses or fails to allow completion of rehabilitation after commencement. -The applicant refuses to authorize payments associated with the project which have been deemed payable by HCD's Director. - An event of default occurs as specified in the mortgage or promissory note. The Municipality shall give the applicant notice of such termination and/or acceleration, as appropriate, with legal follow-up where necessary. (e) SUBORDINATION OF MORTGAGE: The Municipality shall establish a written policy for the future subordination of mortgages taken in connection with [his Agreement provided that such policy aims at preserving homeownership, and provided that the execution of such subordination preserves or enhances the encumbered property's value, and that the execution of such subordination does not adversely affect the Municipality's financial interest in the rehabilitated property. The provisions of this clause shall survive the expiration of this Agreement. (f) SATISFACTION OF MORTGAGE: The Municipality shall issue the applicant a satisfaction of mortgage when the applicant has complied with all the termsand conditions contained in the mortgage and promissory note. Upon issuance, the Municipality shall recorded the satisfaction of mortgage in the public records of Palm Beach County and shall transmit the original to the applicant. The original recorded satisfaction of mortgage document shall be accompanied by the original mortgage and promissory note when transmitted to the applicant. The provisions of this clause shall survive the expiration of this Agreement. (g) RETENTION OF APPLICANT FILES: All applicant files (files for completed projects, files that are incomplete, and files for rejected applications) shall be retained by the Municipality for a period of fve (5) years from the date of final closeout of the agreement between Palm Beach County Board of County Commissioners and the State of Florida for the 2005 Disaster Recovery Initiative Program, or the statutory required period (F.S. Chapter 119), whichever is longer. The provisions of this clause shall survive the expiration of this Agreement. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available at HCD upon request. The Municipality shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C. 170 1 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to [his contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractor s commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part Page 28 of 35 City of Delray Beach 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Parl 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. U. REPORTS: The Municipality shall submit to HCD detailed monthly and semi-annual reports as described below: (a) MONTHLY REPORT: The Municipality shall submit to HCD detailed monthly progress reports in the form provided as Exhibit D to this Agreement. Each report must account for the total activity for which the Municipality is funded under this Agreement. The progress reports shall be used by HCD to assess the Municipality's progress in implementing the project. (b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual reports in the from provided as Exhibit E to this Agreement. During the term of this Agreement, the Municipality shall each 31~` day of March submit such report for the prior six month period beginning on the preceding 1~` day of October, and ending on said 31~' day of March. In addition, during the term of this Agreement, the Municipality shall each 30'" day of September submit such report for the prior six month period beginning on the preceding 1~` day of April, and ending on said 30`" day of September. The Municipality further agrees that HCD, in consultation with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. THE COUNTY AGREES TO A. Provide funding for the above specified activities during the term of this Agreement, as follows: (a) An amount of $975,000: For payment of rehabilitation construction costs and related expenses regarded as eligible under this Agreement (including lead-based paint expenditures such as the cost of inspections and risk assessments, abatement, and clearance testing). (b) An amount of $5,000: For temporary relocation costs to temporarily relocate the members of the household where rehabilitation is being performed. These costs shall include the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD on program activities. D. The County shall perform an environmental review of each project, and review and approve all aspects and expenditures of each project as specified herein. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. Page 29 of 35 City of Delray Beach EXHIBIT B AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATION I, the undersigned, authorize the Federal Emergency Management Agency (FEMA), the State of Florida, and appropriate agencies of the State of Florida responsible for providing disaster assistance to release information relating to my eligibility for monetary or other forms of assistance arising from the major disasters declared: Hurricanes Katrina FEMA-DR-1602-FL (dated August 28, 2005), and/or Wilma FEMA-DR-1609-FL (dated October 24, 2005) to those agencies that provide disaster-related assistance. This authorization permits the release of information that is deemed confdential under Federal and State Privacy Acts. This authorization is given to obtain and/or provide assistance I need as a result of the prior referenced federal disaster(s) to insure that benefits are not duplicated. It includes the sharing of information about my applicati0on in FEMA's possession or under FEMA's control. This authorization includes only information necessary to allow the appropriate agency or organizations to determine if I am eligible for assistance from that agency or organization. This information is not to be used for any other purpose. I also understand and acknowledge that signing this does nolguarantee that I will get assistance from Voluntary Agencies and/or appropriate Federal and State agencies. However, without my permission, my information cannot be shared with other agencies or organizations for consideration. I understand that I will still receive all FEMA assistance for which I am eligible. This Authorization is submitted pursuant to 28 U.S.C. § 1746 under penalty of perjury. OPTIONAL - I choose to exclude the following agencies from access to this information: I understand that it is my choice to sign this Release: Name (Printed) Signature Pre-Disaster Address: Current Address: Phone or Message #: FEMA Registration #: (Uptlatetl 02105/2006) S:\Caplmprv@005Disas~erRewverylnitiative\RehabPrograms\DelrayBeachNgmtMUni.wpd Date Page 30 of 35 City of Delray Beach EXHIBIT C CATEGORICAL EXCLUSION SUGGESTED FORMAT SUBJECT TO §58.5 PROJECT NAME AND DESCRIPTION: Include all contemplated actions which are either geographically and/or functionally part of the project. Location: Activities included in project: This project is determined to be Categorically Excluded according to: [Cite section(s) and activities that are applicable] DIRECTIONS: Once the review process for each compliance factor has been wmpleted, the Statutory Checklist must then be filled out. Specifically, the RE must indicate whether the activity does or does not affect the resources under consideration. Consult the guidance provided in the table below or the web sites. If the project is found to require consultation with an outside agency and affects the resource in question, indicate S[atus as A on the worksheet and document what sources of information were used (information sources are provided in the guidance). If the activity triggers no formal compliance consultation procedures with the oversight agency, indicate the Status as B. Any compliance documentation should also be attached to the Checklist and included in the ERR. COMPLIANCE FACTORS: Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 A/B Historic Preservation [36 CFR Part 800] Guidance: htlp://www.hud.gov/offices/cpd/environmenUreview/historiacfm Floodplain Management [Executive Order t 1988; 24 CFR Part 55] Guidance: http://www.hud.gov/offices!cpd/environmenUreview/floodplain.cfm Wetland Protection [Executive Order 11990; 3 CFR, §§ 2, 5] Guidance: http://www.hud.gov/offces/cpd/environmenUreview/Floodplain.cfm Coastal Zone Management Act [16 U.S.C. 1451, §§ 307(c), (d )] Guidance: hltp://www.hud.gov/offices/cpd/environmenUreview/coastal.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 AIB Sole Source Aquifers [40 CFR Part 149] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/aquifiers.cfm Endangered Species Act [50 CFR Part 402] Guidance: http://www.hud.gov/offces/cpd/environmenUreview/endangeredspecies.cfm Wild and Scenic Rivers Act [16 U.S.C. 1271, §§ 7(b), (c)] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/rivers.cfm Page 31 of 35 City of Delray Beach Clean Air Act [40 CFR Parts 6, 51, 93] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/cleanair.cfm Farmland Protection Policy Act [7 CFR Part 658] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/farmlands.cfm Environmental Justice [Executive Order 12898] Guidance: http://www.hud.gov/offices/cpd/environmentreview/justice.cfm Noise Abatement and Control [24 CFR Part 51, Subpart B] Guidance: http://www.hud.gov/offces/cpd/environmenUreview/noise.cfm Statutes, Executive Orders, and Status Compliance Documentation Regulations listed at 24 CFR §58.5 AIB Explosive and Flammable Operations [24 CFR Part 51, Subpart C] Guidance: http:/Iwww.hud.gov/offces/cpd/environmenUreview/explosive.cfm Toxic Chemicals and Radioactive Materials [24CFR Part 58, § 5(i)(2)] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/hazardous.cfm Airport Clear Zones and Accident Potential Zones [24 CFR Part 51, Subpart D] Guidance: http://www.hud.gov/offices/cpd/environmenUreview/airport.cfm DETERMINATION: [ ] This project converts to Exempt, per § 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities). [ ] Funds may be drawn down for this (now) EXEMPT project; OR This project cannot convert to Exempt because one or more statutes/authorities require consultation or mitigation. Complete consultation/mitigation requirements, publish NOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16) per §§ 58.70 and 58.71 before drawing down funds; OR [ ] The unusual circumstances of this project may result in a significant environmental impact. This project requires preparation of an Environmental Assessment(EA). Prepare the EA according l0 24 CFR Part 58 Subpart E. Subrecipient Name: Prepared by: Name Signature Date B \Cap~mpN\2005Disas~erRecoverylnitiative\RehabPrograms\DelrayBeachWgmtMUni wptl Page 32 of 35 City of Delray Beach PALM BEACH COUNTY DETERMINATION OF CATEGORICAL EXCLUSION SUBJECT TO 24 CFR PART 58.5 24 CFR PART 58.35(a) PROGRAM: 2005 DRI Prooram FISCAL YEAR: FY07-08 APPLICANT/SITE LOCATION (INCLUDING MAP): PCN: I HEREBY CERTIFY THAT THE FOLLOWING ACTIVITY(S) HAVE BEEN REVIEWED AND DETERMINED CATEGORICAL EXCLUDED ACTIVITY PER 24 CFR 58.35 (a) AS FOLLOWS: (1) Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvement (other than buildings) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20% (e.g. replacement of water or sewer lines, reconstruction of curbs and sidewalks, paving of streets). (2) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons. (3) Rehabilitation of buildings and improvements when the following conditions are met: (i) In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a Floodplain or in a wetland; (ii) In the case of multi-family residential buildings: (A) Unit density is not changed more than 20%; (B) The project does not involve changes in land use from residential to non- residential; and (C) Estimated cost of rehabilitation is less than 75°/o of the total estimated cost of replacement after rehabilitation. (iii) In the case of non-residential structures, including commercial industrial, and public buildings: (A) Facilities and improvements are in place and will not be changed in size or capacity by more than 20%; and (B) The activity does not involve a change inland use, such as from non-residential to residential, commercial to industrial, of from one industrial use to another. (4) (i) An individual action on up to four dwelling units where there is a maximum of four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between; or (ii) An individual action on a project of five or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site. (iii) Paragraphs (a)(4)(i) and (ii) of this section do nol apply to rehabilitation of a building for residential use (with one to four units) (see paragraph (a)(3)(i) of this section). (5) Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use. (8) Combination of the above. Subrecipient Name: Prepared by: Name Signature Date 5 1Caplmprv\20n5DisasterRemveryl nitiative\RehabPrograms\Delray6each W gmrMuni.wpd Page 33 of 35 City of Delray Beach EXHIBIT D PALM BEACH COUNTY HOUSING 8 COMMUNITY DEVELOPMENT MONTHLY NARRATIVE REPORT Report For: Month: Year: Subrecipient Name: City of Delray Beach Project Name: Housing Rehabilitation Report Prepared By: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ Amnunfc Fvnandad fn Dafao ////////////////////////////////////////////// BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ °/ Other Funds: $ $ Other Funds: $ $ TOTAL: $ $ Describeany changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period (if your project is underfunded): PROJECT ACTIVITIES Describe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Bentl report lo: Amin H°ury Department to Housing and Community Development 160 Australian Avenue, Suite 500, West Palm Beach, FL 33406 S \Caplmprv\2005DisasterRecoverylnitiative\RehabPrograms\DelrayBeachVlgmiMUn'r wptl Page 34 of 35 `o ci m 0 z 0 a m o w i "' ml O w ~ d 0 c o a o N N L N '- ~ M ~ U G y) N ~ ~ O = O r U ~ Q1 p O N T ~ N ~ ~ a~ n O o w U O t 2 ~ ~ ~ U y O G7 U m tzi o w a0 o ~ ~, v a E m Z u °' 'o a` o y °_ r a z M O M N A a Smith, Douglas From: Pyburn, Terrill Sent: Thursday, December 27, 2007 12:37 PM To: Smith, Douglas Cc: Cox, Robin Subject: RE: Agreement with Palm Beach County Doug, 1'he Agreement meets with my approval. By copy to Robin, 1 am asking that she provide a copy of the City's self -insured insurance certificate stating that Palm Beach County shall be an additional insured Thanks. Terrill Pyburn, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561)243-7090 From: Smith, Douglas Sent: Thursday, December 27, 2007 10:19 AM To: Pyburn, Terrill Subject: Agreement with Palm Beach County Please find attached for your review the agreement with PBC for DRI funding. Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561)243-7144 Fax: (561)243-7199 EmaiP. s:mithrl(t:citlchn~~-beorh il.u:. 12~27~2~07 J MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: November 15, 2007 SUBJECT: AGENUA ITEM S.E -REGULAR COMMISSION MEETING OF JANUARY 3, 2005 AGREEMENT/PALM BEACH COUNTYNELRAY BEACH ROCKS YOUTH ORGANIZATION ITEM BEFORE COMMISSION Request approval to enter into an agreement with Palm Beach County for reimbursement of $3,000 from the District 7 Recreation Assistance Program (RAP) for the Delray Rocks Youth Organization Football and Cheerleader trip to the Sports Network International National Youth Football Championships. BACKGROUND This annual event was held in Daytona Beach, FL on November 21-24, 2007. Commissioner Addie L. Greeen has recommended a funding Agreement between the City of Delray Beach and Palm Beach County for an amount not-to-exceed $3,000 from the District 7 Recreation Assistance Program to assist with costs incurred by the Delray Rocks Youth Organization. RECOMMENDATI__ON Pazks and Recreation Departmernt recommends approval of the Agreement with Palm Beach County for reimbursement of $3,000 from the District 7 Recreation Assistance Program for the Delray Rocks Youth Organization Football and Cheerleader trip to the Sports Network International National Youth Football Championships. $tiA~N C ~ ~GZ ~,; k FLOR191" December 4, 2007 Mr. Tim Simmons, Acting Director Department of parks and Recreation Department Parks and Becrca[bn City of Delray Beach zvoo em Avenua Bourn City Hall, 100 N.W. First Avenue Lake worth, FL JJ461 Delray Beach, FL 33444 tseo eeaea°° RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM Pox. (55q 692.2690 (RAp) FUNDING AGREEMENT FOR THE DELRAY ROCKS YOUTH www.pb<parhs.com ORGANIZATION FOOTBALL AND CHEERLEADER TRIP Dear Mr. Simmons: " ^ Attached for execution on behalf of the City of Delray Beach is a funding Agreement in an amount not-to-exceed $3,D00 to help offset costs for football Palm Beach Counry player and cheerleader trips to participate in the National Youth Football saara of Coanry Championships in Daytona Beach, which were held from November 21, through cnmmfaa:oners November 24, 2007. This funding is from the Recreation Assistance Program (RAP) District 7. Adtlie L. Greene Chairperson Jerrlmo"s, vla"enatr The Agreement allowsfor reimbursement of eligible expenses incurred within the time frame of November 1, 2007, through December 3, 2007. Expenses eligible Karen T Marcus for reimbursement include commercial buses and transportation, hotel rooms, Ruben J. Kanjian meals, and registration fees. Mary McGarry Please obtain signature of this Agreement on behalf of the City of Delray Beach Burt Aaronson and return both originals to me for placement on the agenda for approval by the i Board of County Commissioners. The financial forms (Exhibit B) should not be Jess R. sanwmar a completed or submitted until after the fully executed Agreement has been approved by Palm Beach County. If you have any questions on the Agreement, please call Susan Yinger, ca"nry ndmirris[rem[ Administrative Support Manager, at 966-6653. On behalf of Commissioner Robert Weisman Addie L. Greene and the Board of County Commissioners, we are pleased to assist Delray Beach with costs for this youth athletic trip. Sinc~Y, /%L~/.~/~ci° ~ Dennis L. Eshleman, Director Parks and Recreation Department 'An Equolopynrruniry DLE/SWY "''~` '°MeACionD~°~ Attachment: Two Originals of RAP Agreement for Execution and Retum Copy to: Commissioner Addie L Greene, District 7 David Ricks (Pompey Park Recreation Center, 1101 N.W. 2"' ,Rt, Avenue, Delray Beach, FL 33444) p,~~rc ~, mod' .. __~_ ~_ -~" 1) GvU'I AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE DELRAY ROCKS YOUTH ORGANIZATION FOOTBALL AND CHEERLEADING TRIP THIS AGREEMENT is made and entered into on _, by and between Palm Beach County, a political subdivision of the State-of Flodda, hereinafter referred to as "County', and the City of Delray Beach, a Flodda Municipal Corporation, hereinafter referred to as "Delray Beach". W ITN ESSETH: WHEREAS, Delray Beach sponsors the Delray Rocks Youth Organization Football and Cheerleaders; and WHEREAS, Delray Rocks football and cheerleaders participated in the National Youth Football Championships (the Event) in Day[ona Beach from November 21 through November 24, 2007: and WHEREAS, the purpose of the Evenl was to provide a positive outlet for the youth in the community while exposing them to friendly competition; and W HEREAS, approximately 3,100 participants and 5,000 spectators attended the Eveni; and WHEREAS, Delrey Rocks' trip to participate in the Event cost approximately $49,375 for commercial buses and transportation, hotel rooms, meals, and registration fees; and WHEREAS, Delray Beach has requested from County an amount not to exceed $3,000 to help offset costs for Event expenses; and WHEREAS, County desires to provide funding to help offset costs for the Event; and WHEREAS, funding for the Event in an amount not to exceed $3,000 is available from the Recreation Assistance Program (RAP) - Distdct 7; and WHEREAS, Delray Beach's recreational programs are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $3,000 to Delray Beach for Event costs for commercial buses and transportation, hotel rooms, meals, and registration fees, as specifically set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A wdtten statement that the Protect, as specified herein, was carried out in accordance with [his Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required foreach and every reimbursement requested by Delray Beach. Said information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delmy Beach along with the number and date of the respective check or proof of payment for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. Delray Beach incurred expenses for the Project beginning on November 1, 2007. Those costs incurred by Delray Beach for the Project, approved and submitted accordingly by Delray Beach subsequent to November t, 2007, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds maybe used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Delray Beach agrees, warzants, and represents that all of the employees and participants in the Project were treated equalty during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Delray Beach shall be responsible for the operation and maintenance of the Project, including all associated Project costs. 7. The term of this Agreement shall be until March 3, 2008, commencing upon the date of execution by the parties hereto. 2 8. The parties agree that, in the event Delray Beach is in default of its obligations under this Agreement, the County shall provide Delray Beach thirty (30) days written notice to cure the default. In the event Delray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no furtherobligation to honor reimbursement requests submitted by Delray Beach forthe Project deemed to be in default and Delray Beach shall return any County RAP funds already collected by Delray Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement maybe terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section S above. 10. Delray Beach must complete the Project by December 3, 2007, and invoices and checks submitted for reimbursement must be dated within the project time frame of November 1, 2007, through December 3, 2007. Delray Beach shall provide its final reimbursement request(s), including a project completion statementand reimbursement documentation as indicated in Section 2 above on or before March 3, 2008. Upon written notification to County at least ninety (90) days priorto that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request for said extension. 11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have ho further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased orsuspended the Project shall be made by County and Delray Beach agrees to be bound by Countys tletennination. 12. Delray Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach Counlys ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in Countys refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in 6chibit "A". 14. It is understood and agreed that Delray Beach is merely a recipient of County funding and is an independent contractorand is not an agent, servant oremployee of County or its Boanl of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted bylaw and without waiving the right to sovereign immunityas provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, andlor employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Delray Beach, its agents, servants andlor employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Inconsideration for reimbursement of costs incurred prior to the tens of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreementbut also for the period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 15. Withoutwaiving the right to sovereign immunityas provided by Section 768.28, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Delray Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance onself-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Workers Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. Priorto execution of this Agreement bythe County, Delray Beach shall deliver tothe-County an affidavit or Cert~cate of Insurance evidencing insurance, self-insurance, andlor sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, do Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 16. Upon request by County, Delray Beach shall demonstrate financial accountabilitythrough the submission of acceptable financial audits performed by an independent auditor. 17. Delray Beach shall maintain books, records, documents and other evidence that sufficiently and property reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (6) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and otherevidence during normal business hours. 18. The County and Delray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Paim Beach County 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreementor performing any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediatelypreceding the date hereof. This notice is required by Section 287.133 (3) (a), Flodda Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, eitherwritten or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Delray Beach: City Manager City of Delray Beach 100 N.W. 1st Avenue- Delray Beach, FL 33444 23. This Agreement is made solely and specifcally among and forthe benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunderor be entitledto any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: 8y: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By Commissioner Addie L. Greene, Chairyerson CITY OF DELRAY BEACH APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Di2ctor Parks and Recreation Department Recreation Assistance Program (RAP) Exhibit "A" to Agreement Name of Municipality: City of.Delray Beach Mailing Address: 100 N.W. First Avenue, Delray Beach, FL 33444 Name of Mayor: Mayor' 12'~ka X11; g Name of City Manager. 17av i d ~, a-lprd~ Project Liaison Information: Name: 7Qv~rCl3• ~"~S Telephone #: rJtn}';Z~k3'135 (P Fax #: 5l0 l - a 43 °`l ~''j3- e-mail: Yick~~c:~~dClYta.~/,-beacl,.~1. us PROJECT INFORMATION 1. Name of Project: Delray Rocks Youth Organization Football and Cheerleading Trip to Sports Network Football and Cheerleading League Championships 2. Project Description General (Project Scope): TI,; 5 0.v~r~ual EV2.r-t(- i s ho~V'~~ by 4~ t~lakiov.al ~ovi-lam (roa}ballGlae..Q;ov~51~~Q~s,(NVFC~r,-, ~PC.c.~+, FL . or N ~r. a~ - a~, 'door . 1 t~G l7G(V(3 ~oG(SS ~w~-h ~1-lrx~.tlar~d Cher~rlead~n-s a.ke.u~cl as parki c;i~a~ks . • Public Purpose:'t'~g eVPXL-~ ~rov; alts a ~oS~-ttiv2 oc-F(G-I~ for-the. ywl-Ir, ~;~~e.ak -tkw sarre..t~ me expos; ~ -t-F,em "ko rcrtev~dty Oorr~+~e-H~ton Location: '~aykr~na 3eaea-,, ~lortc~'o-- • Anticipated Number of Participants/Users: 3~it;~par-~iG{~n~ Arwl oZ,4oo ~2C,~a~or6 3. Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not include expenditure line item budoeU amounts. 3 Corvmer'clak ~u~s`Transp~-lemon I-}g ~kcl 1~oms raea.ls ~t h`0.-F'ot'~ ~ qq ~~,, 4. Estimated Lump Sum Total for Project: $ "i" I 3~ 5. Project Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid). ~SNT ~~ to 1P~~ 2 00"~ -Note: Invoices and copies of proof of payment documents will be required for ProjecUProgram reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance _~ Amount of Recreation Assistance Program Funding awarded $ 3 000 District 7 (filled in by minty) Form available online by request. Contact Susan Yinger a[ svinoerra]obcaov.com EXHIBIT A Page 1 PALM BEACH COUNTY ~+""'~ - PARKS AND RECREATION DEPARTMENT `~~ CONTRACT PAYMENT REQUEST Grantee _ Submission #: Contractual Services Salary & Wages (% of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs _ Project Name: Reimbursement Penod: Project Costs K~ This Submission (C) (s) (M) lE) m (I) EXHIBIT B Cumulative Project Costs TOTAL PROJECT COSTS i C = Cgntramual Services Kev Legend IS=Salary&Wages M e Materials, Supplies, Direct Purchases i, E =Equipment I T =Travel "', I = Indirect DOSla . _... ..... i ..._ J Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identifed as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Financial Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage (_%) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: _ PBC Project Administretgr Date Department Director Date h~\SVIN(;FR\FORMS\3 Pa-Exhihit B.xls Pace 10f PBC USE ONLY S S m H_ m_ W w ~' °w z= W U gy j O U a' U O a 2 Y-y U W U FWw iQQ Y QUQ Q K a t- 2 O U ~ n a' ~ a °c o 5~ ~ i ~a v 7 ° 31 i W3a'„ ~ro. `w ~I ,,r'mav~; ~~~w~`I U N u n~ u. ~ U Ong W ~- • dO ~~~ N E 2 ate` v N °o a c w E C S] K m U z E y O 6 D m N C 0 ip r C L ~ D ` ~ ~ - 6 N `u ~ m z p o v N ~a C C C N N d N W % Y > ° °' W y n U N O O U N N (' C N V ~ h . ~ V .~ N C t_ U Z" O 6 r U N m O E o c G m ~ a ~ p c m ~ ~ m m O I I I I I I I I I I I I I I I I ~ n m ~ N gi o I u - n n u. N ' ~ ~ N o w N e r t w - - c rn E o ~ a ~ Z m a`: ? ~ U U v v t m ~ v v m O ~ v 3 U '~ v U a o o Z ~ 0 ~I I I I r 4 m y ~ a p 5 ~ a ` c ~ _ E o (~ dt L .. y Q 9 Vl ~ C O C ~ ~ N_ V. d y U ;Q S m U m a ^ m rnl o l n ~ ao n a a I ~I ~I ~I I I ~~ l r l I I l l l ~ ~ I ` m m ;° s = u~ ~. J H ~ zw W s ~ y Q N O V j d a O _ ~ aa N W U Q ~ m W ~ 0 I J Q V) Q Y a a Y V Z Q a ~ z o U `v w L ~ 7 O Y d m a v E ,.........._ ... .........................~ z i ' j a '9 C I 0 ~ J .~ Y rn~ ~ ~ H 1 dJ G ~ " ~ dv gz y. ~ W 9 i G V N~ W F- V C II n u n u n i ~ O i W F- j j U N V ~iv . ~ ,oo O ~ o t ~ q ?~ ~ 7va • m y a II I I lil IIII 0 m,3 N N U U N N .'~.. p U C ~ y N U O N ~_ C ~ O ~ U d ~ N N y ~ V N K C 3 d ~ y N C ~ C o f $, ~ U = n' ~' a :°. n ~ a m o m o L y s o ~ a m ~', ~ m ~ N N ~ E ro T U ~ dam N c L ~ y _ C y~ (Np O ~ U N a~ 0 m s ~ U o N d N 3 m a N c ayi N L n L N r U U d y O y n ~ N c5 . ~ C C t O y R 4 r v U m rt O IL 0 i yE 6 ~n d a R d N W z xl I I I I I I I I I I J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENDA ITEM S.F -REGULAR COMMISSION MEETING OF JANUARY 3, ZOOS INTERLOCAL AGREEMENT/COMMUNITY REDEVELOOPMENT AGENCY/CURB APPEAL PROGRAM ITEM BEFORE COMMISSION Approval of an Interlocal agreement between the City of Delray Beach and the CRA for the 2007-2008 Curb Appeal program. BACKGROUND_ In order to address the needs of residential property owners within the CRA District more effectively, the CRA board approved the creation of the Curb Appeal Residential Improvement Program in July 2007. At the same meeting, the board voted to allocate $50,000 for the Curb Appeal program for FY 2007/08. Approval is requested for an Interlocal agreement between the City of Delray Beach and the CRA for the 2007-2008 Curb Appeal program. It includes specific program guidelines, outlining eligibility requirements, funding amounts, eligible expenses, and the role of the City in the implementation of the program. The program will be fully administered by the City's Community Improvement Department, Neighborhood Services Division. City and CRA staff will collaborate to market the program within the identified priority area. City staff will work with property owners throughout the application and work write-up process, and completed applications and work proposals will come before the CRA board for final approval Single family homes within the Northwest and Southwest Neighborhoods of the CRA District will be eligible for funding under the program, with priority given to homes located on SW 12th, 13th, 14th and 15th avenues. Grant awards will cover either 100% (full grant) or 50% (matching grant) of the total cost of eligible expenses, with a maximum award amount of $10,000 per grant. No property owner can receive more than one grant per fiscal year. Owner-occupied units meeting the determined household income criteria are eligible for full grants. All other units will be eligible for matching grants. FUNDING SOUR_ CE CRA RECOMMENDATION Staff recommends approval of Interlocal agreement between the City of Delray Beach and the CRA for the 2007-2008 Curb Appeal program. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM 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 CITY OF DELRAY BEACH has initiated the Curb Appeal Residential Improvement Program within the Community Redevelopment Agency Area to enhance the appearance and aesthetics of the exterior of single family residential properties within the Southwest and Northwest Neighborhoods, and in particular within the designated priority area along S.W. 12th, 13th, 14th, and 15t" Avenues in Delray Beach by assisting homeowners with the cost of minor structural and cosmetic property improvements; and WHEREAS, enhanced aesthetics eliminates slum and blight within the Community Redevelopment Agency Area and supports the mission of the CRA and improves property values therein; and WHEREAS, the CRA has agreed to support the program by funding all or a portion of the costs incurred for exterior improvements on eligible properties within the designated priority area. 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. Applicability: The CRA hereby agrees to fund costs for improvements up to a maximum dollar amount per award of Ten Thousand Dollars ($10,000.00), pursuant to the Curb Appeal Residential Improvement Program requirements, which are attached hereto as Exhibit "A", and incorporated herein by reference, for eligible property owners within the designated priority area of S.W. 12"', 13th, 14"' and 15th Avenues, within the CRA's redevelopment area. Applications received from residents outside the designated priority area may be considered should the demand from the designated priority area not exceed the amount of funds available. Property owners will not be eligible for more than one (1) grant per cycle, from October 1 -September 30, each fiscal year. 3. Fundina and Future Funding: The CRA agrees to fund the Curb Appeal Residential Improvement Program in the total amount of Fifty Thousand Dollars ($50,000.00) for fiscal year 2007-2008. The CRA shall be under no obligation to provide funds thereafter and such action shall be solely discretionary with its Board on an annua{ basis. 4. Eligibility Requirements. To qualify for the program, applicants must meet the criteria provided in the Curb Appeal Program Description attached as provided in Exhibit "A", which is attached hereto and incorporated herein by reference. 2 5. Reaortina. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Curb Appeal Program, and the use of funds by the CITY. The report shall be provided to the CRA Executive Director no later April 10`h, July 10"', and October 10`", and, in the event the agreement is renewed for additional years, a quarterly report shall also be provided no later than January 10`". 6. Publici The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CR,4 contracted activities must be approved by the CRA prior to being posted. 7. Agreement to be Recorded: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. Modifications: 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. 9. 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. 10. Governing Laws: 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. 3 11. Assignment: Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. Effective Date: This Agreement shall not be valid until signed by the Mayor and the City Clerk, and shall be effective through September 30, 2008 and thereafter on an annual basis, unless otherwise mutually terminated or amended. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: City Attorney 4 ATTEST: Diane C lonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: c Frank Wheat, Chair The foregoing instrument was acknowledged before me this /.~~ day of ~~ ~c ~ ~ ~ sn- , 2007, by ~ n ~wk W /~ r(J7 as /'~f>a, 2 ,~,,,,-~ ~ (name of officer or agent, title of officer or agent), of ~E`2.~1h~,<><y c2~+ (name of corporation acknowledging), a r~v~~o~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personal) known to me or has produ ced `~ (type of i en I Ica Ion as Identification. ~yrv~ ~~ MOOREF[ELD ~ ~ 6-~-e~n~9~( MY CDMMISSIDNADDlC3156 Q.a..~ ~'~•~ EXPIRES: June 2t, 20D9 Nota ublic - State o lorida Ian 9900153 Flake Nmery Servlowcom H:120061080018 DBCR4WGMT 200TIIA Curb Appeal Funding.doc Exhibit "A" "CURB APPEAL" RESIDENTIAL IMPROVEMENT PROGRAM Sponsored by THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY HISTORY In 2007, the CRA Board of Commissioners discussed the relevancy and sufficiency of existing CRA grant programs. The Board expressed the desire to apply a limited version of the Site Development Assistance Program to single-family residential structures within the CRA District. Upon reviewing the program guidelines, staff recommended the creation of a separate grant program designed specifically to address the needs of property owners in the Northwest and Southwest Neighborhoods within the CRA District. PURPOSE The elimination of slum and blight within the Community Redevelopment Area is a priority for the CRA. The Curb Appeal Residential Improvement Program is designed to assist in this goal by providing grants to the owners of single family residential properties for minor exterior property improvements that can improve the aesthetics of a residential dwelling and increase property value. PROGRAM Grant funding is provided by the Delray Beach Community Redevelopment Agency to assist homeowners with the cost of minor structural and cosmetic property improvements. The program will be administered by the City of Delray Beach Community Improvement Department. Only exterior improvements will be considered. Recommendations for grant award will be made by Community Improvement staff with the CRA Board of Commissioners giving the final approval. The program is available in the Northwest and Southwest Neighborhoods within the CRA District, however first priority for the funding is as follows: SW 12", 13`x', 14`h and 15`h Avenues. Applications will be prioritized so that projects within the designated priority area are funded first. Applications received from residents outside the priority area nay be considered should the demand from the priority area not exceed the amount of funds available within the applicable fiscal year. FUNDING LIMITS & ELIGIBILITY REQUIREMENTS The maximum dollar amount per award is $10,000. Only one grant may be awarded per applicant per each budget cycle (October 1 -Sept. 30). Full Grant - A full grant is defined as covering all costs incurred for improvements in an amount not to exceed $10,000 per residential parcel. Matching Grant - A matching grant is defined as covering 50% of the costs of improvements in an amount not to exceed $10,000 per residential parcel. The applicant will be responsible for paying the difference between the grant award and the total costs of improvements. Eligibility requirements for a Full Grant are as follows: I. Single family residential structures located within the NW and SW neighborhoods of the CRA district are eligible. Duplexes, multi-family and commercial properties are ineligible. 2. The structure must be owner-occupied, and a copy of the mortgage deed must be submitted with the grant application. Owner-occupants must reside in the dwelling for a minimum of one (1) year prior to applying for assistance. 3. Property owners must provide proper documentation to prove that property taxes and mortgage are in good standing. 4. .Gross annual household income may be no higher than 100% of the area median income. Median income is as defined and published by the federal government. Eligibility requirements for a Matching Grant are as follows: 1. Single family residential structures located within the NW and SW neighborhoods of the CRA district are eligible. Duplexes, multi-family and commercial properties are ineligible. 2. The structure is tenant-occupied and leased on an annual basis (a copy of the annual lease must be submitted with the grant application) OR The structure is owner-occupied and the gross annual household income exceeds 100% of the area median income, as defined and published by the federal government. 3. Property owners must provide proof of ownership and proper documentation to prove that property taxes and mortgage are in good standing. GRANT TERMS & CONDITIONS All funds provided by The CRA, full grants and matching grants, will be monitored by City staff. Income Verification -Written verification of income shall be required to document the applicant's income eligibility. Eligible Improvements -The Curb Appeal Program is designed to provide assistance to single family residential units for exterior improvements. Eligible improvements consist of: • Exterior painting • Replacement of missing or rotten siding associated with exterior painting • Pressure cleaning related to exterior painting • Landscaping and irrigation for areas visible from street • Permanent driveway repairs • Mailbox replacement • Replacement of house numbers PROCEDURES FOR IMPLEMENTATION 1. Inspection and Work Specifications -After an applicant is determined to be eligible for the Curb Appeal Program, City staff persons will inspect the dwelling and the surrounding property to determine the work needed based upon the eligible improvements as listed above. Staff will then proceed with a detailed work write-up, which will outline the nature of the improvements needed. 2. Review of Work Write-Up with Homeowner -Following the preparation of the work write-up, staff will confer with the homeowner regarding the nature of the proposed work and determine what tasks can be completed by the homeowner, by volunteers, or a contractor. The homeowner must approve the final work write-up. Any issues relating to work which are not resolved in conference may be referred to the Director of Community Improvement. 3. Approval of Funding Request -Once the work write-up has been finalized and cost estimates have been secured for the proposed improvements, City staff will present the work write-up and funding request to the CRA Board of Commissioners for approval. CRA board approval must be granted before any work can begin. A contingency of up to 10% of the estimated repair costs may be included in the grant, provided that the total does not exceed the maximum grant amount. 4. Contracted Work -Subsequent to the CRA Board's approval of funding, City staff will select a contractor in accordance with the City's Purchasing Policies and Procedures. Participating contractors shall be certified and licensed according to the area of needed repair. Minority contractors shall be encouraged and solicited for participation in this program. 5. Contracts -Contracts shall be between the Homeowner and the contractor with the City serving as agent for the owner. Periodic inspections shall be made by the City's Community Development Rehab Specialist and must be in compliance with the Building specifications and the City's Building Code. 6. Change Orders -Changes in work that may become necessary during a repair job will be negotiated by the City Rehab Staff person(s) and approved in accordance with City purchasing policies, with final approval granted by the CRA. The CRA Executive Director may approve change orders up to the approved amount of the grant, including the contingency. If the changes exceed the grant amount, additional funding must by approved by the CRA Board. Owners shall be consulted concerning proposed change orders. The contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. 7. Payments -All contract payments shall be made by the City directly to the contractor. Following the completion of the work, the Contractor will be paid in accordance with the terms specified. Upon completion of the work, an inspection will be performed by the City's Rehab Specialist and the City's Building Department to ensure that all work completed complies with the contract and building code. Upon receipt of final payment, the contractor shall provide the applicable releases of liens and warranty documents for each invoice submitted. Following the receipt of the required documents and final approval of work, the Neighborhood Housing Specialist will authorize payment. 3 Homeowners receiving matching grants will be required to pay 50% of the cost of improvements, including any approved contingency, due to the City upon execution of the service contract. Homeowner payments will be placed in individual escrow accounts and then released to the contractor upon final payment. Any unused funds and interest accrued after final payment is made will be returned to the homeowner. 4 J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENDA ITEM 8.G -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 WTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 NW 5TH AVENUE ITEM BEFORE COMMISSION Approval of an Interlocal agreement between the City of Delray Beach and the CRA for 135 NW Soh Ave. BACKGROUND At the August 8, 2007, meeting Commission approved an Imerlocal agreement with the City for the management and funding of the construction/rehabilitation of the CRA-owned mixed-use building located at 135 NW 5~h Avenue. Since the approval of the Interlocal agreement, the City issued an RFP for the rehabilitation of the building, selected a contractor (Stuart and Shelby Development), and a contract has been negotiated between the City and the Contractor. This revised Interlocal agreement is intended to amend and replace the previously approved Interlocal agreement, executed on August 8, 2007. In addition to the duties and responsibilities, the agreement now specifies the amount to be funded by the CRA ($554,323.00) and includes a provision concerning change orders. The CRA will cover the full cost of the rehabilitation work and the City will be paid an administrative fee for handling the project equal to 2% of the total job cost, not to exceed $20,000.00. FUNDING. SOURCE CRA RECOMMENDAT_I.ON Staff recommends approval of an Interlocal agreement between the City of Delray Beach and the CRA for 135 NW Soh Avenue. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CONSTRUCTION/REHABILITATION OF 135 NW ST"AVENUE THIS INTERLOCAL AGREEMENT is made this day of , 2007, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"), a public agency established pursuant to Chapter 163, Florida Statutes, and the CITY OF DELRAY BEACH, (hereinafter referred to as the "City"), a Florida municipal corporation. WITNESSETH: WHEREAS, the CRA owns certain property located at 135 N.W. 5th Avenue, Delray Beach, Florida (the "Property'); and WHEREAS, on August 8, 2007, the City and the CRA entered into an Interlocal Agreement for the Management and Funding of Construction/Rehabilitation of 135 NW 5`n Avenue to provide for the construction and rehabilitation work at the Property; and WHEREAS, the City and the CRA desire to enter into this Agreement in order to rescind the August 8, 2007 Agreement in order to more fully define and delineate the parties responsibilities with respect to the construction and rehabilitation work at the Property; and WHEREAS, pursuant to the terms of this Agreement, the CRA shall provide the funds to the City for the Scope of Work to be performed by a contractor, and pay the City an administrative fee for the City's services associated with the supervision and management of the contractor's work to be performed at the Property; and WHEREAS, the City shall be solely responsible for paying the contractor with the funds provided by the CRA; and WHEREAS, the parties desire to enter into this Agreement in order to establish each parties' obligations and responsibilities with respect to the repair and rehabilitation of the Property. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: ARTICLE 1. 1.1 Rescission of Prior Agreement. The City and the CRA hereby agree to rescind and terminate that certain InterlocaI Agreement entered into on or about August 8, 2007 for the Management and Funding of Construction/Rehabilitation of 135 NW Sth Avenue. The August 8, 2007 Interlocal Agreement shall be mill and void, and of no further force and effect. 1.2 Statement of Work. Pursuant to the terms of this Agreement, the City shall enter into an Agreement with a contractor to furnish all supervision, technical personnel, labor, materials, equipment, and all other appurtenances thereto necessary to perform and complete all work in accordance with the Contract Documents as provided herein.. ARTICLE 2. Work to be Performed. The contractor retained by the City shall perform all repair and rehabilitation work at the property located at 135 N.W. 5`" Avenue, Delray Beach, FL 33444 (the "Property"), which is legally described as follows: REPL of PT BLK 27, Delray Beach, Lot 3, according to the Plat thereof(PID #12-43-46-17-OS-000-0030) 2 The repair and rehabilitation work undertaken by the contractor shall adhere to the specifications as referenced in the Contract Documents, which aze attached hereto, and incorporated herein by reference. ARTICLE 3. 3.1 Construction Costs and Administrative Fee. The CRA shall provide funding for the cost of the work performed by the contractor, in an amount not to exceed Five Hundred Fifty-Four Thousand Three Hundred Twenty-Three Dollars ($554,323.00) (the "Construction Funds"). The CRA shall not be liable for the payment of any funds in excess of the Constnzcfion Funds, unless the CRA Board of Commissioners has approved the expenditure of additional funds. In addition to the payment of the Construction Funds for the work performed by the contractor, the CRA shall also pay the City an administrative fee in an amount equal to 2% of the cost of the work performed by the Contractor. Notwithstanding any increase in the amount of funds paid to the contractor by the City, the administrative fee paid by the CRA to the City shall not exceed Twenty Thousand and 00/100 Dollars ($20,000.00). 3.2 Following the receipt of a payment request from the contractor, the City shall forward the payment request to the CRA's Executive Director for review and approval. The CRA's Executive Director, or her authorized designee, shall review the payment request, and upon no later than ten (10) days from receipt shall either forward a signed copy of the payment request to the City along with the payment in an amount equal to the payment request, or advise the City, in writing, as to why the CRA will not approve the payment request. Prior to issuing payment to the contractor, the City shall insure that the CRA's authorized representative has signed and approved the payment request. 3 3.3 In the event the CRA does not provide a response within ten (l 0) days of receipt of the payment request, the City shall issue a written notice to the CRA notifying the CRA that the City intends to issue payment to the contractor for the payment request. If the CRA does not provide a written response, or approve the payment request within ten (10) days of receipt of the City's notice, the City may distribute funds in an amount equal to the payment request to the contractor. 3.4 In the event that the City determines that it is necessary to prepare a change order with respect to an extension of time for completion of the Scope of Work, for the acquisition of materials, or work being performed by the contractor pursuant to the Contract Documents, the City shall promptly notify the CRA of the need for a change order. The City shall not authorize any extension of time, the acquisition of any materials or the performance of any work by the contractor that will necessitate the execution of a change order without first obtaining the C12A's written approval. In the event the City authorizes the acquisition of any materials or the performance of any work by the contractor, pursuant to a change order, prior to the C12A's written approval, the CRA will not be responsible for the payment of any funds associated with materials acquired, or the work performed by the contractor. 3.5 The City shall submit any change order to the CRA for approval. Fallowing receipt of the change order, the CRA's Executive Director, or her authorized representative, shall promptly review the change order and execute the change order if the change order is acceptable. In the event the change order must be approved by the C12A Board of Commissioners, pursuant to the CRA's procurement policies, the CRA Executive Director shall place the request for a change order on the next CRA meeting agenda. If the change order is not acceptable, the CRA 4 shall notify the City, in writing, and advise the City as to the reason why the change order is not acceptable. The City shall then use its best efforts to revise the change order to meet the CRA's request. The City shall then submit the revised change order to the CRA for approval. 3.6 The CRA shall only be responsible to pay the City funds for materials acquired or for work performed by the Contractor pursuant to the Contract Documents, and any change order that the CRA approved in writing. 3.7 Final Payment by the CRA pursuant to the terms of this Agreement shall be made only after: 1. The Contractor executes a lien release and provides a final waiver of lien from ail suppliers, subcontractors, and/or contractors who worked on the project, and also provides all warranties on forms famished by the City, relative to work performed, materials famished, and certification that all amounts due for labor and/or materials have been paid. The City shall provide the CRA with a written Agreement signed by the contractor in which the contractor agrees to indemnify, defend, and hold the City and CRA harmless from any and all claims or liens for labor or materials furnished or used in performance of the work covered by this Agreement, whether furnished or used by the contractor or any subcontractor 2. The contractor executes an agreement in which the contractor agrees to defend, indemnify, and hold harmless fhe City and the CRA and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities, and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City or the CRA which arise, directly, or indirectly from the contractor's negligent acts, errors or admission during performance under this agreement. The 5 indemnification and hold harmless provisions shall survive the termination of this Agreement, and the contract between the City and the contractor, and shall pertain to any occurrence during the term of this Agreement, even though a claim may be made after the termination hereof. 3. The City and CRA perform a final inspection of the Property. Following the final inspection, the City shall issue a notice of final acceptance if the work performed by the contractor conforms with all requirements of the Contract Documents. Final acceptance of the job shall not subject the City or CRA to any legal responsibility or liability of any kind. In the event that the performance by the Contractor is unsatisfactory or unacceptable for any reason, the City shall insure that the contractor corrects any deficiencies at no additional cost to the City or CRA. ARTICLE 4. Guarantee. In addition to any warranties or guazantees provided in the Contract Documents, the City shall insure that the contractor warrants and guarantees that all work performed is free from defects for a period of one yeaz from the date of final payment for all work required pursuant to the Contract Documents. If any defects appear during the warranty yeaz, pursuant to the Contract Documents, the City shall insure that the contractor will correct them expeditiously. ARTICLE 5. The Contract Documents. The contract documents ("Contract Documents") shall consist of the following: a. This Agreement, b. Instructions to Bidder, 6 c. Signed Copy of Bid, d. General Conditions, e. Special Conditions, f. Technical Specifications, g. Plans and Specifications prepared by David Miller & Associates, P.A. and issued on Tanuary 5, 2007, and h. This Interlocal Agreement between the City and CRA for the construction and rehabilitation of the Property. ARTICLE 6. Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, the City shall insure that no lead based paints are used in any area intended for human habitation. ARTICLE 7. Statement of Non-Discrimination. During the performance of this Agreement, the contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The contractor will take affirmative action to ensure that employees are treated during employment, without regazd to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall agree to post in conspicuous places, available to employees 7 and applicants for employment notices concerning this pazagraph. The contractor further agrees that he or she will ensure that subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 8. Insurance. The City shall insure that the contractor, at their sole expense, maintains in full fore and effect at all times during the life of this contract, insurance coverage and limits (including endorsements) as described herein. The requirements contained herein, as well as City's review of acceptance of insurance maintained by contractor and are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by contractor under the contract. 2. Commercial General Liability. Contractor shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by City's Risk Management Department. Contractor shall provide this coverage on a primary basis. 3. Worker's Compensation Insurance & Employers Liability. Contractor shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. Contractor shall provide this coverage on a primary basis. 8 4. Additional Insured. Contractor shall endorse the City and the CRA as Additional Insureds with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "City of Delray Beach, its officers, Employees and Agents" and "City of Delray Beach Community Redevelopment Agency, its officers, employees, and agents." The contractor shall provide the Additional Insured endorsements coverage on a primary basis. 5. Builder's Risk and Property Insurance. The contractor agrees to maintain property insurance, which would include builder's risk insurance while the Project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, contractor agrees to maintain All-Risk property insurance for adequate limits based on contractor's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. Contractor shall agree to be fully responsible for any deductible. 6. Umbrella or Excess Liability. If necessary, Contractor may safisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. 9 City shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability. 7. Waiver of Subrogation. Contractor hereby waives any and all rights of Subrogation against the City and the C1iA, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then contractor shall agree to notify the insurer and request the policy be endorsed with a Wavier of Transfer of rights of Recovery Against Others, or its equivalent. 8. Certificate(s) of Insurance. Prior to execution of this Agreement by City, contractor shall deliver to City and the CRA a Certificate(s) of coverage evidencing that all types and amounts of insurance coverage required by this contract have been obtained and aze in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation or non-renewal of coverage. Certificate holder's address shall read: City of Delray Beach, c/o City Manager, 100 N.W. 15` Avenue, Delray Beach, Florida 33444. 10 ARTICLE 9. 1. Dispute Resolution. All internal disputes between any of the parties to this contract azising out of or related to the work required herein shall be decided by the City's Progam Administrator. All other disputes constituting a beach of this ageement, which cannot be resolved by the parties, shall be resolved by a court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. 2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the City and the contractor are independent contractors under this Ageement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The City and the contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Ageement shall be those of contractor, which policies of contractor shall not conflict with the City, the CRA, State, or United States policies, rules or regulations relating to the use of contractor's funds provided for herein. This Ageement shall not be construed as creating any joint employment relationship between the City and the CRA, and the CRA will not he liable for any obligation incurred by the City, including but not limited to unpaid minimum wages and/or overtime premiums. 11 3. Governmental Immunity. Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 4. Assignments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, without the prior written consent of the other party. 5. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6. Notice. Whenever any party desires to give notice unto any other party, it must he given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor, the City, and the CRA designate the following as the respective places for giving of notice: CITY: David T. Hazden, City Manager 100 NW IS` Avenue Delray Beach, FL 33444 Telephone No. (561) 243-7010 12 Facsimile No. (561) 243-7199 Copy To: Susan Ruby, Assistant City Attorney 200 NW ls` Avenue Delray Beach, FL 33444 Telephone No. (561) 243-7090 Facsimile No. (561) 278-4755 CRA: Diane Colonna, Executive Director 20 N. Swinton Avenue Delray Beach, FL 33444 Telephone No. (561) 276-8640 Facsimile No. (561) 276-8558 Copy To: David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (561)276-9400 Facsimile No. (954) 771-4923 7. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 8. Legal Representation. It is acknowledged that each party had the opportunity to be represented by counsel in the prepazation of and contribution to the terms and conditions of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party prepazing same shall not apply herein due to the joint contributions of both Parties. 9. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 13 10. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 11. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 12. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to payment of its reasonable attorney's fees and costs at both the trial and appellate levels. 13. Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the CRA, and supersedes all prior negotiations, representations or agreements, either written ar oral. 14. Waiver. Any failure by City or the CRA to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and the City and the CRA may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 15. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and al] of which together shall constitute one and the same instrument. 14 THIS AGREEMENT, together with other documents enumerated in this Article 5, which said other documents are as fully a part of the contract as if hereto attached or herein repeated, forms the contract between the parties hereto. In the event that any provisions in any component part conflict with this agreement, the provision of the component part first enumerated in this Article 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in three (3) original copies on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) Rita Ellis, Mayor (SEAL) The foregoing instrument was acknowledged before me this day of , 2007, by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation on behalf of the corporation. She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 15 ATTEST: c Pr' t Name: ~ ~; CITY OF DELRAY BEACH COMMUNTIY~REDE' V~EcLOP~MENT' AGENCY BY: ~.~//~ ~/1/ Print Name: F~ ya,vK l./fl Esa i Title: G'~}p7/Z~h// (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH ss: The foregoing instrument was acknowledged before me this /~ day of ~ ~ C to /~Js~;- 2007, by Frank Wheat, as Chair of the Delray Beach Community Redevelopment Agency. He is personally known to me or has produced identification) as identification. (type of ~ JEAN MOOREF1fiLD ~ 4' rn ~~ ~ MY COMMISSION O DD443A56 Notary blic -State of 1 orida ~~of iM1O68 EXPIRE: Juve 22, 2(p9 (<0>)9BB0153 FIOrICe NObry Smks.CGn H:~200T0703431Funding ILA Q 2-13-O'1).doc 16 J MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENDA ITEM S.H -REGULAR COMMISSION MEETING QF JANUARY 3, 2008 SPECIAL EVENT REQUEST/DELRAY AFFAIR ITEM BEFORE COMMISSION City Commission is requested to endorse the 46~h Annual Delray Affair to be held March 28 - 30, 2008, Tco grant a temporary use permit per LDR's Section 2.4.6 (F~ for use of City property and rights-of-way as requested, to waive LDR's Section 4.6.7 (E)(3)(c) to allow signage to be installed more than one week prior to the event, to provide staff support as outlined in the attached letter and permit, to allow event banners to be hung within the site area, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, and to allow for reserved parking for entertainment and exhibitors as requested. BACKGROUND Attached is a letter and event permit received from Bill Wood for this year's Delray Affair. Also attached are a basic site plan, budget, private security plan and proof of non-profit status. Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request with the following conditions: 1. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning [he events proposed on park property. 2. Allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director. 3. Allow signage for the event to be put up no earlier than March 14, 2008 versus March 3, 2008. Estimated overtime cost for this event is approximately $55,470 and barricade rental is $1,200. Per event polices and procedures the Chamber of Commerce would be required to pay approximately $35,405 for City costs and $1,200.00 for barricade rental. The Palm Beach Post is an event sponsor. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended conditions, contingent on receipt of a Certificate of General Liability Insurance, Liquor Liability Insurance, and Hold Harmless Agreement. .:' ~~~•, ti F i October 22, 2007 ` Mayor and City Commission City of Delray Beach 100 NW 1st Avenue ' / v ~ n~ ~ 'r Delrey Beach, FL 33444 Dear Mayor and CommlSSloners: f " Iray Affair The Delray Affair, celebrating Its 46` anniversary In 2008, fs scheduled for March 28, 29, & 30, 2008 and we would Tike to request your support once again. 64-A S.E. Fifth Avenue We are very proud of the excellent reputation the event has earned over the last 45 _/~ ~ years and we attribute a part of the success to the great relationship we have with ~/ the Gty of Delray Beach. Delray Beach, FL 33483 The event has a significant economic Impact of more than $30 million as measured in our 1998 Economic Impact Study*, We also are thrilled to share the news of our (561) 278.0424 most recent accomplishments, one of 200 Best Art Events In the UnRed States by Sunshine Artist magazine and a Gold, Silver and Bronze Pinnancle Award from the International Festivals and Events Association. It is our hope that these 279-1380 x 22 (5 designations, along with others received in the past, will assist us In our effort to 6 continue to attracting more tour groups and visitors to Delray Beach during the f ~ 1) 278.0555 Affair. In addition to the letter, an offidal City of Delray Beach Spedal Event Permit chamber@delraybench.com APPllca[lon has been filed with the Clty Manager's office and a mpy is attached for your review. Please consider approval oP the following Delray Affair Items: www.delrayaffair.com 1. Endorsement by the City Commission as a City supported event; 2. Use of City parking fadlltles for entertainment and exhibitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, OSS Parking lot, and lot adjacent to Vittorio's Restaurant on Federal Highway northtwund just south of Atlantic Avenue; ' s Park, and available 055 3. Use of all area within Worthing Park, Veteran parking lot area the exterior grounds of Old School Square (please note that a separate request letter has been sent dtrectly to Old School Square and the owner of Atlantic Plaza); C~ 4. Blocking off vehicular tra y West boundary: East boundary: North boundary: South boundary: fFlc and parking from: NW 1'r Avenue/SW 1" Avenue Intracoastal Waterway NE 1" Street SE 1'r Street Additionally, blocking access to Atlantic Avenue from each side street In this area from alley to alley and suspension of parking time restrictions; 5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and Clty Managers OfFlce for planning and operation 1~ services; ctindnued on page 2 r De/ray Al/air -Page 2 6. Allow this to be the only Commission approved event during the De/ray Affair time frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking lot Concessions; 7. Permission [o erect signs promoting the event from March 3r0 through March 31n . 8. Permission to erect overhead banners within the confines of the Delray Afi'air site; 9. City staff overtimes costs to be handled per new event policy. We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affarr In 2008. We hope each of you will be a part of the festivities. Yours truly, ( Wllllam ]. Wood President Attachment: Special Event Permit Application cc: David Harden, City Manager Bob Barclnski, Asst. City Manager Chief Larry Schroeder, Police Dept. LL Joe Mllenkovic, Police Dept./Special Events Chief David James, Flre Dept. Charles Stravino, Asst. Flre Chief John Tomaszewskl, Asst. Flre Chtef Tim Simmons, Interim Director of Parks ~ Recreation Senovian Stephens, Acting Superintendent Parks Maintenance Harold Bellinger, Public Works Orlando Serrano, Traffic Maintenance Supervisor Jim Schmitz, Deputy Director Public Works Wlu Butler, Director of Community Improvement *Regiona/ Research Associates, 1998 City of Delray Beach #4~CEf11~© DEIRA Special Event Permit NOV 0 1 2001 1 i j' Application J~~BetIN1$TRATIVE I SERVICES tw; PLEASE TYPE OR PRINT ,~93 zoos Event Name/Title: D~e I rct..t,{ /'T ~T GLL t~ Event Date(s): /111Gt,V'Gf~ ~g , ~ Times: 1 D : UD Ct • ryt • ` au,( 3 ~y s Event Sponsor/Producer: ~Y[(~,f'eY ]~211'tUil~~GtLI-, C.etA.rYI.~YO~ ~~/It.Yt1t°i'r:'~ Telephone Number: E-mail Address: Brief History of Event (If applicable,).: i-~'S U~Gi.F'S O ~c~ - D~ cPf Sf GLI'~ (~~S-F Sir? Li ~rl't y t-h l Dr ri~a, Planned Activities (Outline of activities/number of acfivities, i.e. entertainment, children's rides games, other programs): /a FiD h0 ~ D•F Qr-f5,_L~£t~ -l'~(i~ Ll.t~~ ~Oca1 1.i.5noc,~~ Number of Individuals Served Previous Year (if applicable): =" "" QS~, m o Describe the targeted population and expected attendance: 'rYj_ ~ 2~ ~dl_r;L a It ~ P ~ nnC~e ~1 ~ Event Contact/Coordinator: inn a, Qflt k-i S Describe how the program or needs: ~~ NC5 Describe your Marketing/Promotions Program (How will radio, posters, flyers, wet? sites, other);, ~Ql?l~______,__(i~`h~ T'V, Sponsor Category (please check) City ^ Non-ProfiUCharitable~t(Private ^ Co-sponsor-Non-Profit/Private ^ (If Non profit ottach proojoj501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of evenUlocation): Rental of Old School Square: yes ~ no (If yes, attach proof of approvgl) ~ o+ ve c'd a5 0 ~F y~~ Private Property Use: ~ yes / no (If yes, attach letter giving authorization from property owner ~~ UE ~+ IetfY / ppt~itCy~a d Event budget attached: yes / no (Required jor all events) Previous year Revenue/Expense summary attached: yes ~ no (Required for all events) Do you have cash sponsors for the event: yes / no (Indicated on budget) Do you have inkind sponsors for the event: yes ~ no. (Indicated on budget) C:1D000menu and Sel[ingsH,is~lDeddupl.4pecial avcnt Pamtl Applicedon FINAL. 9.6.07.dac Site plan attached: yes / no (Site plan required for entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Serving oz selling alcoholic beverages: yes ~ no (If yes, copy of license and alcohol liability insurance required two (Z) weeks prior to event) Event certificate of insurance attached: yes no / (Required two (Z) weeks prior to event naming tke City as additional insured, also required jor vendors) Playing of amplified music: (Waiver required) yes ~ no Will there be entertainment: yes / no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be f~nly oriented and contain no obscenities: yes // no Requesting Police assistance: yes J no (traffic controvsecurity) Will supplement with private security: yes ~ no (!f yes, need plan attached) Requesting Emergency Medico] assistance: yes ~ no Requesting barricade assistance: yes ~ no (If no, how are you handling?) Requesting trash removavclean up assistance: yes v no (Will be billed to sponsor) ~ / 5~on ~ ~`'j ~'~' Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no (Ijyes, check type) Large stage (14' a 36') ^ Small stage (16' a 21') ^ Ralf small stage (8' a 21') ^ Requesting signage: / yes ~ no Type: 4'x4'Event sign ~/ Parking Signs Banner hanging Indicate dates required_,MA rrin 1- 3 I ~ ~U(~L; (Waiver required if mote than cue (l) week prior to event) Requesting City Portable Generator: yes no (If yes, size & power) Food and beverage vendors: yes / no If yea, approzimate number ~a 5 (Health Department approval req ' ) yes no i n~i~~-~ an d-axe. olS 5~E JSrQ@a.t,, of SIT.o~•i C:~Documenp and SeCmgaU.iadDaakwp\4pncial BveM Permft ADplir~ion FINAL 9.6.07.doc Other vendors: (Indicate type) no Tents: yes / no If yes, How many 650 What sue or size required Wt~ I o X t o (Ijyes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no pjyes, type axd location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no / Will there be a charge for the event: yes no / (I./ yes, indlcat¢ ttcket prices) WIll there be fireworks or other pyrotechnics: yes no / (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes / no (Ifyes, contact Fire Marshal jor inspecdons) Will you be providing port-a-lets for the event: yes / no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes / no (If yes, indicate locations and purpose jor use) Event Permit Attachments: / Revenue/Expense Budget -RevenuelExpense Recap Last Years Event -T-Site Plan ~-Letter Requesting Noise Ordinance Waiver ~-Letter Requesting Waiver Consumption Alcohol Beverages -Proof of Non-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate -Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documrnb end Settin~V.istU7esktopVSpeciel Event Permi[ Application FINAL 9.6.07.doc ~GcS i a~~~ l 0 7 Event Contractor/Coordinator Date Please print: ~~ r'L ~ ~i [~.E1L-k.t5 Please enclose the appropriate non-refundable application fee payable to the Ciry of Delray Beach, 100 N.W. 15` Avenue, Delray Beach, Florida 33444. Required with pernilt application. For Sta, fJ''Use Oxly Date Received / ~//a ~/ Application fee received S ~~ C:~Doeumenu and Settin9slLiailDeakiop\Spechl Evert Rnnh Application FINAL 9.6.07.doc SN Y O A N b }~jj' W W O O cv p-_ ~C ~~ °' e~ oG ~ J ~ W ~ 2008 DELRAY AFFAIR March 28, 29, & 30 Proposed Budget INCOME EXPENSES En[ry Fees ; 219,000 Personnel-Administrative ;41,500 Contrail Services 3,500 Entertainment/Exhlbitor/Photography 7,500 Sponsorships (cash & In-kind) 59,000 Professional Retainer Fees 7,700 Merchandise Sales (other income) 15,500 Waste Con[rol & Disposal 13,500 Shuttle Bus Services 5,000 TOTAL REVENUE # 297,000 City Services 40,000 Security & Licenses 4,450 Equipment & Facility Rental 12,050 Sponsorship Sales/Recognltlons 4,100 Event Signs & Banners 2,L00 Advertising-Print/TV/Radio 7,100 OfFlce & Adminlstretlve 6,300 Even[ SuDDlies & Purchase 2,100 Printing Expenses 2,250 Merchandise Sales Expense 3,789 TOTAL EXPENSE # 160,000 TOTAL SURPLUS #135,000• ' Event surplus remains In Greater Del ray Beach Chamber of Commerce Operating Budget [o fund other chamber programs and activities, including, but not limited to: Governmental Affairs, Tourism, Education and Joint Venture. DELRAY AFFAIR 2008 PRIVATE SECURITY DETAIL Friday, March 28 6:00 a. m. - 3:30 p.m. Hand's Parking Lot (monitoring VIP/merchanUemployee/resident parking) 10:00 a.m. - 6:00 p.m. Beer Garden locations -locations at Swinton, N 4`" Ave and Atlantic Ave. at Palm Square 6:00 p.m. - 5:00 a.m. Old School Square (overnight security) 6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight security) Saturday, March 29 6:00 a.m. - 3:30 p.m. Hand's Parking Lot (monitoring VIP/merchant/employee/resident parking) 10:00 a.m. - 6:00 p.m. Beer Garden locations -locations at Swinton, N 4"' Ave and Atlantic Ave. at Palm Square 6:00 p.m. - 5:00 a.m. Old School Square (ovemight security) 6:00 p.m. - 5:00 a.m. Atlantic Plaza and Veteran's Park (overnight security) Sunday, March 30 6:00 a.m. - 3:30 p.m. Hand's Parking Lot (monitoring VIP/merchanUemployee/resident parking) 12:00 noon - 6:00 p. m. Beer Garden locations -locations at Swinton, N 4'" Ave and Atlantic Ave. at Palm Square UIeTRICT ^IAEGTOR ~~` -Jaclcaonville, Florida `~~ F• 0•Dax w"~ 35010 npril 26, lgbq Delray Beach Chamber of Cottmmeroe 64 s, E,_5th Avenue D91ray Beach, Florida 334!14 Geatl.taaen: M RnLr R.rtR To For,,nn ~~ l79 434tP1tHitnd R, COO[ smlcl t b 1 INgU1RIE5 AND BILE NETUR X7 WITN DIRECTOR DI INTERNAL ReVf NU£ Jaclcsoa~ille, Florida nl.LVeNI,NG PCRIDD ENDING December 31 On the basis of your stated purposes and the understanding thol your operations will continue as ev(denced to dale or will conform to those proposed In yom ruling application, we have concluded that you are exempt from Federal income tax under the provisions of the Internal Revenue Code section lndlmted above. Any eharpes in operations Irom those described, ar In your character or purposes, must he regaled Immediately to your Dlstrlcl Director fnr r:nnsideratlon of their elect upon your exempt status, You must also repel any change In your none or address. You are not requited to flls Federal income tax returns sa long as yon retain on axxmpl status, unless you are subject to the lax on wvelot~d hus iness incoire imposod by section S Il of the Cola, [n wldch event you are regulred to Cite Form 990=r. You are required to Ille un fn(ormatlanreturn, Form 990, annually on or before the 15th day a( the fl[th moot{! after the close of your annual ' accounting period Indicated above, You ore liable (a the faxes Imposed under the Federal insurance Contributions Act (sotto! securlly Iaxes); and for the lax imposed under the Federal Unemployment Tax Act I[ you hove (out or more indivl'duals fn your employ, Any questions eonceminq ezclse, employment of other Federal taxes should be submitted to this office. This Is a detetmtnatlon letter. .'' ~r~/ Ver trot • ~\,\J Y Y Ycurs, Orponne}1, Jr.. bistrlcl Dirertar n ORN 4-t 74 If-efl Delray )kacb CMnber. Cbanber Cbarilks & powntowa MaheNag Coopsndve Sntcment of Rrenecs mld Exptndittttes' -Combined Inwtne Snkment by vsognm - Unposred T'nnsactlom Included N Report OI • Gmatcr Delray Beacb Chamber of Commerce, Inc 601-DcInY Af3'air Event From I/1Y10077'hrough 11!302007 (ln Wnole Numbers) Pricy Year Currant Period Adra! 0 94.000 196.099 1.3164 13,238 12,211 22,907 2,099 21,D3 363,670 21 (21) (9121 0 264 IS 6,130 39.611 18,859 10,978 75,478 '734 12,034 421 5.163 2,070 2.361 712 2,613 7,852 },203 20,252 s. na 450 213 <95 150.145 Iwr 1Y10Im rcd:4s rant j•d Prior YterAemal t7rrros Yeor (1/1/1006 - Told Br/gel Amrel YTD Badgn Income O p 10 O Lcgislstive Lmsch lncssrnc U 473 82 U Evens Sponsor locarw 97,000 D , 203,317 O Booth Fen Taxsble 196,099 560 1 D Booth Few Non Texebk 1,404 0 . 9992 p Beverage Saks 13,178 0 0 8.719 D McrcMndise Sdec 12,dd3 4 173 O Connect Saks Income 22,90] p , 3 714 D Other Income-Evems 2,099 0 p 21R90 - 0 ' " -_ _ Event ApDlintkn Fees _ - _ __ 21 735 .._ ___ _ _..... _ _. . ___.. 0 _ _-... - - - 373,432 0 Taal Income 366.927 Expenses U p 0 Meetings R Confbtenccs I I ( ) D Baking Fee 121) U o D Metehua Account Fee (913) 605 2 p OlYice Supplies & D p . Computer Soliwan 1 983 D Posfnge, Mail Handling & 264 0 , Shipping D 306 0 Tckphoncs IS 0 3,325 0 Irtsnrassce Liebiliry General 6,130 Diroetas 0 50,060 p CoordinatingFar 39 611 p 24600 0 Ads. Markaing &. Signage 18.959 -Events 0 I7,U40 p Awards R Raognitions - 10,978 Ev<nts 75 478 0 48,173 p ContnctSmica-Evems p 2,472 O Equipmont Pumhasd- 734 Evrnts O E,416 O Equipment Rrnul -Events 12,034 0 1823 O Pacil3ry Renal-Evems 425 D 4,29d U Hospidlily Suik Expenses 3,163 0 375 D Artis6 8 Connaclas 2.070 Amenities O a 520 O Miscelbneous Expenses - 2,361 Events D 20 0 PhomgruphY ~ Film 772 Expenses-Events O I.a67 p Printing Exprnses-Events L613 270 0 Sales Expenses - BcvenBa 7,852 p 0 9.9d2 D Sales Expenses - 3,203 Merchusdise p 0 Saks Expenses - 20132 3 O SponsorshiD & Other 4 658 O Supplies Purchased-Events 5,174 O . , an p Tnvd, Meals d: Mxtiaga - 4so 9 Cvents - _.-.. _ -~~~ D 181 208 0 Tool Expenses 213,485 !53.437 p "___- 134,243 ........ ... .._,__ _ U _... -,: Eacen of lnconse over _.. _,. - -~-_ Cspediwres Pye, 1 SSSOHLZT9S 213HWtlH0 HOH Atl21-130 d60=T0 LO OZ ~a0 J MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENllA ITEM S.I - REGULAR. CQMMISSION MEETING OF JANUARY 3, 2008 SPECIAL EVENT REQUEST/HOWARD ALAN 11TH ANNUAL DELRAY BEACH WINTER STREET CRAFT F ESTIV AL ITEM BEFORE COMMISSION City Commission is requested to endorse the 1 ] th Annual Delray Beach Winter Street Craft Festival to be held on February 23 & 24, 2008 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of NE/SE 4th Avenue, one block north/south of Atlantic as well as the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign be erected on Atlantic Avenue just east of I-95, 10 days prior to the event per City Code. BACKGROUND Attached is the event permit application received from Howard Alan Events, Ltd. for this event. The City is requested to provide police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, port-o-lets and dumpsters. They will also provide their own even[ sign. Estimated overtime costs for the event are $5,800. Cost may be reduced if the vendor utilizes private security for night time coverage. Also attached are a budget, site plan and certificate of insurance. Per event policies and procedures, the event sponsor is responsible for payment of all City casts. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure, and parking lot use, approval of event signage per City Code and approval of staff support for police security and traffic control with the sponsor paying all overtime costs, contingent on receipt of the Hold Harmless Agreement. City of Dekay Beach Special Evemt Permit Application PLEASE TYPE OR PRIIVT PINY aF'1~! No ~C~j~F© o Fq~,srR 1~0J ~ ~ I® ~FSr-~F 7993 Z00~ EventName/T'itle: Ili"` ~Av<,nua.l 1`~wrrtOwVl Dz.1ra~-~rl, Craf+ ~.c3fiva ~ j Event Date(s):~~23~Z~'imes: $~i.~-SVr~ fOavV~-Spt1~ ' Event Sponsor/Producer: f ~711n18.YG~ ~~'eZVI ~VP,rtfs ~AY2'JZrlC7Yl LX aT"f £-'~'~~ Event CoatacdCoordinator: ~Qa(Yt Y~l(~~IIpS Name: Telephone Number. E-mail Address: ~ Event Description/Purpose: +dOQr t riP ~ra-F+ ~?~S'~'1~ VQ.~ Planned .gcdvities (Outline of activitles/n of activities~l,e. en ent, children's rides, games, other programs): ~Y a-F k -4-PS'I7 V a,1 Number of Individuals Served Previous Year (if applicable): t,~ ~ loZ r.Dfi~ and expected attendance: ~~r'~ T7escribe your Marketing/Ptumotions Program (Flow will you markcdpromotc, i.e. TV,. radio, posters, flyers, web sites, othez): ~1 ~! ~(' C~ ~ O I rP1r$. SOS i ~-P S/ Sponsor Category (please check) attach proof Event City ^ Non-Profit/Charitable ^ Private fiC Co-Sponsor-Non-Pro~t/Private c(6), c(6), C(]0), or c(l9) or (rn Site plan attached: yes ~ no (Site plan required for entbe event site. Include locations of tetRS, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yea no_~~ (If yos, attach proof of approval) Private Property Use: yea no / (If yes, attach letter giving authorization Sum properly owner) Event budget attached: yes ~ no (Required for all events) Previous year RevemreJExpense summery attached: yea J no (Roquired for all events) 1>o you have cash sponsors for the event: yes no / (Indioated on budget) I)a you have inkiud sponsors for the event: yes ~ / (Indicated on budget) uaw„am'C~ve cay Con.bnN'erbo,mweet9yeeW gaa Pmmii Apptlatlm a~ e.s.ar.aoc Serving or selling alcoholic beverages: yes ao~~ gjyes, copy ajHcense and alcohol IiabiGPly insurance required two (2) weeks prior to event) Bvent certificate of insurance attached: yes~._ no (Required fwa (~ weeks prior to even! naming die City as additloua! Insured, also required fog vendors) Playing of amplified music: Yes ao-~-- (Waiver raquira~ Will there be'mt~tainmeat: yes no~_ (If yes, attached list of Perfoffiers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes y n~ (traffic controvsecurity) will supplement with private security: yes no / (~j'yes, need plan attached) Requesting Emergency Medical asaiatmce: yea ~_~- Requesting barricade assistance: yes no (lf no, how arc you handling?) Requesting bash removellclean up assistance: yes no / X11 lie billed to sponsor) Requesting trash boxes/contamars and liners: Yes ~ / Requesting stage use: yes IIO-~- (Ijyes, cheek type) Large stage (14' a 36') ^ Small stage (16' x 21') n Half small stage (8' x 21') ^ Requesting aippagc: yes / na Type: 4'x4'Eventsign ~ Parking Signs Banner hanging _ Indicate datae required (Waiver required ijneare than one (1) week prior to event) Requesting City Portable (lmerator: yeS~ no / (If yes, size & power) Pood and beverage vendors: yes no IUyea,spprozimiatenumber 'G' AoDl~iv~A~l~2v+~t~ (Health Department approval required) yes ao V:bvwNn\C~euive Cdy C.oadxatiw Cq~mnittes\Spetid Event PmmaAppacstlm Phu19.6.07,doa i ~ ~ Older vendors: yes no (Indicate type) _ ~_ Tents: yes~~ no Ifyes, $ow marty l~ h What size or size required +OK+ O ` ({/'yes, text permits axdJire ixspectlons neay be needed) Will the event include amusement rides: yes no~~~ (,{jyes, type and location and ropy of Irerbi[ity insurance required, also ragaires stag license and inspeetiom) Wil[ the event be gated: yes no~_ (Show ort-slse mop) Will there be a chmge for the event: yes no (lf yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no~_ (~J'yes, contact Po+e Marshal to obtain and complete permit application) Will their be cooking with compressed gas: yes no~~ (If yes, contact FYt+e Marahalfor irspecXons) Will you beproviding pprt.a-tets for the event: yes_~L no (If yes, locate onaite ~ji. ~f xo, +xdicate how you wtli kaxdda restroom needs) ]s reserved parking requested: yes no~i (Ijyes, indicate locadoxs and purlwse for use) Event Permit Attachments: ~_Revenue/Expense Budget ~~RevenneJExpense Ra:ap Last Years Event / Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Stews ,General Liability Insurance Certificate Alcohol $everage I.iabiHty Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Aotd 13armless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intetmediata Event 90 days prior to evem • Major Event ]20 days prior to evetrt • Neighborhood Block Parry 30 tiaysprior to event V1»wd.td5pcaid 6vaR R.equrmtlSpcN~1 Hvmt Permit AppliammFlNPd, 9.6.07.doo << ~~ ~~ Please enclose the appropriate non-refimdable application fee Payable to Uu City of Delray Beach, 100 N.W. 1'~ Avenua, Dakay Beach, Florida 33444, Required with peanit application. For SMt~i`Use Only ~ Date Received l D Application fee received ~ ' U:\wwdehlGe.dva Car Coaebutlvs Cammiaad.4pxiel flvmt FemkAppiiwtim Fw19.6.07.dan 11~LIl LUUI VY. lJ J:JYY /LJVJl ~n..vvr'.~.u r.r.n. ~~~ American Craft Endeavors 11th Annual Downtown Delray Craft Festival February 23 8, 24, 2008 PROPOSED BUDGET FOR FEBRUARY 2009 Income Number of Crafters 110 Crafter Revenue ;10,000 Number of Food Vendors 3 Food Vendor Revenue ;1,049.40 TotaF Rovenue ;17,549.40 EXPEN3Es AdvarW ing Boca Raton News Expense ;708.50 Palm Beach Poll F~tpense ;1,561.12 South Florida Newspaper Expense ;326.00 Sun Sentinel Expense ;1,'344.60 Advertising SubTotal ;4,129.42 Servfcas Permit P.alrn Beach County Health Expense ;25.00 Signage AA Sign Linea Expense 5600.00 Sanitation - Portdels Abte Sanitation Experue ;000.60 Sanitaton - Dumpsters Waste Management Expanse ;740.38 Sanitatlon TarNs 4 Events F~cpense ;425.00 Bamcades Bob's Bartkades Expanse 5350.00 Security City Of Delray Beach Experae ;1,069.08 Rerifaia Tents 4 Events Expense ;400.00 Graphks for advertising Expense Expense 576.00 Payroll Helayne 3tlllings & Staff Expanse ;1,677.60 ReMsl Property DeirayJolnt Venture Expanse ;2,0.00 Lodgings and meals, travel Expense ;400.00 Two MlObn Dollar liability ins pdioy Expense ;850.00 AdministratWe Overhead telephone, mallings.etc Expense __ ;1,.100.00 Sarvla SubTota) ;10,011.74 Total Expenses 514,141.16 Shvw Profit ;3.408.24 j1I Yf/LUUI UY.1J JJYY tLJV J1 ~R/wn~ ~ N,E. 2nd Street -• .E. 1st Street ~~ tii , rI~ d -«- I-9b t~ast A#(et'tla Avenue (open) Beach v ui rri Library S.E. 1st Street -Bypass (open) Fia~..velnt-s Sbr+-o-lets I ~ 3 R velar 1 -,~d+cap ~~ ~~~~r_~ ~ 3oyd ~'/ -Represent booths - 4ot aclu®I amount or scale - ` S.E. 2nd sweet . Amedcen Craft Endeavors DBlYOY Lavout CERTIFICATE OF INSURANCE 17363 ~0"'~0""D"m 11/06/07 14 PRODUCER THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS K S K Insurance Group, Inc. - CERTIFICATE DOES NOT AMEND, FJ(TEND OR ALTER THE 1712 Magnavox Way COVERAGE AFFORDED BV THE POLICIES BELOW. P. O. BOx 2338 Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A ORBAT AMERICAN ASSURANCE COMPA LETTER HOWARD ALAN EVENTS LTD (SEfi GAI3001) COMPANY 9695 W. BROWARD HLVD. B FL 33324 TION l TIER , PLANTA OOMPANY `. R COVERAOEB TH13 IS TO CERTIFY THAT THE POLICIES OF INSURANCE Ue7E0 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLN:Y NOTWITHSTANDING ANY REOVIREMENT, TERM OR CONp7KNJ OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO PERIOD INDICATED , WHICH THIS CERTIFICATE IMP BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED F1Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REWCED BY PAID CLAIMS. NC=NOT COVERED CO. TYpE OF INSURANCE ~ POLICY NUMBER AlE 0 ~yppfYy) LIMITS (M Nousands)~ LTR General LhlidRy 12 : O L4M 12 : OlAM Genml A4Dreaal4 i NONE A Galerol LhGlBy ®CannwrdN PACD788942205 3/05/07 3/05/08 Prwuob~Comp/Opa Apareaab S 5000 . ^Clelms Made g]OCC~r. Parsonela AAeHki~p,M)uy S 1000 OwneYe BCOfdraGtWi Prot. Eeoh occulrenpe S 1000 ~FRT•g'I MTT:T./ - Flro bomaa~UVyonafiM) S 300 ' _. _... __..- _. ___ ... ......._. _ _.__.._..- E>Qwnu f/Ny-oa~pslaon) kal S - PMidpent Lepa l Liablay S AutonmbRe LiaMTdy 12 : O]AM 12 : OIAM ~ dA°d ~ A ^M*/suED PAC0788942205 3/05/07 3/05/08 LIIM 1000 S ^All owned alaDS ~N I~FrY SDIw9aM adoe S Hked autos ~ Bo°h fiery Nonowried autos S OreOe LNbMlly S Expsa L1ab]llty 12 a O LAM 12 : O lAM Os~ ass AapraPte A ~ FOLT,(TdIN'G 80RM EXC0788942305 3/05/07 3/05/08 Other than Umtxslh form s 1000 = 1000 Workerr'Compensation and S EaehAoddrn Employerd LhbiBfy 9 ?~bY~ = DisessdEach ADaO E PaNdpent PINd Medoal S ~~ Elr~as Maddgl I j X DlSCRIPTION OF OPERATIONSM1OCATK)NSBeTRICTI0NS15PEC141. ITE THE CE$TIFICATE HOLDER I9 LISTED AS ADDITIONA M6 L INSDRED, HTTI ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSIIRfiD. RE:11TH ANNUAL DOWNTOWN DELRAY BEACH 8T 2 23- 2 OB CG2024 CERTIFICATE HOLDER CANCELWTiON SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE fSSUING COMPANY WILL ENDEAVOR TO MAM. _j,Q__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO BUT FAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE THE LEFT CITY OF DELRAY , NO OBLIGATION OR LIABILITY DF ANY KIN UPON THE 100 NW 1ST AVH ITS AGENTS OR REP TATI COMPANY DELRAY BEACH, FL 33449 , AU1MIXi~DREPnE56M~TM SL3e / / \~ APID CERTIFICATE OF INSURANCE 1417362 ~°"EOAN°~'~" 11/06/07 PRODUCER TIIpS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS K & K IasUranCe GrOUp, Inc. CERTIFICATE DOER NOT AMEND, EXTEND OR ALTER THE 1712 Magnavox Way COVERAGE AFFORDED BV THE POLICIES BELOW. P.O. Box 2338 Port Wayae, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A GREAT AMERICAN ASSURANCE COMPA LETTER HOWARD ALAN EVENTS LTD (SEE GAI3001) LVD CO M A NY B . 9695 W. BROWARD B 33324 R E R PLANTATION, FL COMPANY `. COVERALiE3 THIB 19 TO CERTIFY THAT THE POUCIEB OF INSURANCE UBTED BELOW HAVE BEEN 189UE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDRION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONB OF SUCH POLICIES. LIMITS aHOWNMAY HAVE BEEN REDUCED BV PAID CLAIMS. NC~NOTCOVSRED CO.~ TypE OF INSURANCE POLICY NUMBER Y EFFECTIVE TE (MAUDWYY) Pax,7EXPMTM7N DATE Q,i/IDLYYY) LIMITS (in BwasarMa) lTR Galroral LlaDRity 12:OlAM 12 :GERM tlaneral Apxreggls i ONE p Comnxrclal General Llabilily ® PAC0788942205 3/OS/07 3/05/08 PMUCk.CorrglOps AgpreOme i 5000 . ^Cfaimi Made ~OOCUr. Pelemalb Adrertialna Injury a 100D OwneYe a eontraclas Pro[. Each Ocomreor< i 100D FAT •C9 MTT.T./ Fire Oadrope (Any one Ore) S 300 2 McGkeI EYV'nai (Arty one pelaal) S MILL $ ~ POrtleipxd Lead uaeply s AuionntiRa Lls6illry 12 : OlAM 12 : OlAM C°"~ S ~ p ^Aly iuOO pACD78894'2205 3/05/07 3/05/08 x Lm S 1000 e A~ I Hked Wlw In7~urvN ~ Noncvmid auNNl eo s Gwape LIidIRy ~ S exeias LliWBty 12:olAM la:OSAM E°di~ ~~ ABaaaaM A ~ FOLLONING FORM HXC0788942305 3/05/07 3/05/08 I~OIner lh.e Llrroreir rarm s looo. 6 loon Workire' Campaniatloll SGMOry. 1114 3 Each AOnWaN ~47lirar ~ieUlMfy S peeaesPofq LMx S Die9latrRr~ AaaD s PadclpiM Fri .. Mg0laal S Aeciaent Ew.eeelMsdcel S W-° s x DESCRIPTK)N OF OPERATIDNSADCJ1710NSNEHxX.ESRtESTRICTIONS/SPECWL REMB THB CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURBD, BDT ONLY WITH RBSPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. RE;11TH DOWNTOWN DELRAY HEACH CRAFT PEST 2 23-2. 24 0 CG2024 CERTIFICATE NOIDER CANCELJATION SHOULD ANY GF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _j,Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO DELRAY BEACH DOWNTOWN MARKETING THE LEFT, 8UT FAILURE TO MAIL SUCH NOTICE SHALL MAPOSE COOPERATIVE NO OBLIGATION OR LIABILITY OF ANY ION UPON THE COMPANY, ITS AGENi90R REP A 64-A SS 5TH AVE DELRAY BEACH, FL 33483 AUllIDR2BIRBPResENrATNE 8L3a / / 1~ J MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENDA ITEM S.J -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 SPECIAL EVENT REQUEST/3RD ANNUAL LYMPHOMATHON SK WALK ITEM BEFORE COMMISSION Commission is requested to approve the event permit for the 3`a Annual Lymphomathon proposed to be held on March 2, 2008 from 7:30 a.m. to approximately 10:00 a.m., grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m. BACKGROUND Attached are the special event permit application, budget, site plan and Certificate of Insurance. The Hold Harmless Agreement has been received and will be processed for signature. This event is a fund raiser for lymphoma research. The estimated City costs for this event are $1,300. Based on event polices and procedures, the estimated payment to the City would be $195. RECOMMENDATION Staff recommends approval of the special event permit, temporary use permit, staff support as requested and waiver of parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m. uvrzrrzuor to:oe 2129492885 LVMPHJMA RESEARCH PAGE 04/16 ~~~~ 4Rp , I~~l(aFACN. ~6i ~D~x~ rrf.. '~~ 3/V~ °~_~ 7998 EOOi Event Date(s): ~l~p,¢e,w 2,~aO0~ Tunes: ~.?~~~~A~ Event $Qat169r/PMC1ACeSp ~ ^ 4`'''`~(?~ ^`Oe-~e seo+. ~ h }`"p c.<..s u7 rr~za -~, $VpttCQntaCNC00Id1vatAI: SA~1T JLGd~+o 1t.w~w..c Nc, ~__ Name: ~ Gtc • " ~ea~ _ - -.. A,ddteas- zz~~CF--s~l~f~-R~r~ _ TelapltaaeNnmbar4~-3s"~-~Sal CdlularNuinber: RS~t-yyy_9~yG E-mail Address: ~l Swazi-+@SP~~•rSGcoNO77m~.u~.Cnm $VerttDC9GT1~tiO~Pl1r1MSe: A4~c ttr~ iS •+01 fFNI~~_' ~1 -- _. 'W RRfvdoa -/nR ~~ ~+ See9cti rcx-rLWi7oN Brief Histary afEvent 01M6 ~ wegn 9~ .in. asp+ oaf °w~.~~ c=n„D.s o~4~Cw.-Q7c-~:o b.. ~~M Planuad ,Activities (Outh'ga of activIties/awnbcr ofactivities, i.a. entarta3ai :ant t.'. Number of Iadividuals 5ervad Pievious Year (if applicabIa): ~liO~o- 133 ' ~or+~ amp - acre ~ Aescriba the targeted etioa and expoohad atfeudaaoe: ~~Qu t-M~lo w~_ DF L4 t-t pkiola~F SI.IKVlV61ZS. C-~~C ~-1tS ~~~,eo SaYLS~~Ck~.~-'~_1~ ~~11t11.Xt~ IS tc1F1t1?DX . 250 -'Soo AtT~7J1~ t"L'S ,,, _` tl9/17/Z0H! 16:08 2123992886 LVMPI-IOMA RESEARCH PAFE 86/16 Desen'be how the pro~am orpro}eat addressee coaattuu~ity Weeder ~W ~K ~Q_ ttSrTj t9+L~-mss DG t- m NoN.W c a~uc~u~t~ ~.~~_MAL-4oFt-9 ,tt~F~c?'S ."iUo, ocsu ~t~ US . Describe your ]viarketing/Pi+omoEions Program (flow wtll you marketlpron o. q Le . TV, radio ^postxrs, flyers, wcb sites, other): Io t~ BYtt:C.l-luR-es Wu-~_p ~ 1 N tl:"ll ____t, _ _ _..~. Sponsor Category (please check) City o Non ProfitlCharitable !f Priv. ate q 1 .~ Co-Sponsor-lVon-ProBt/Privatc ^ (1fNoraprefle atEach proof of 30Zc(3), c(t), c(6), C(I B), or c{l9) or (r+7 Hveat L.ooaGtO,g (Describe area boundaries of evettNloeatiott): _, {~,..GNolrla F'Ars1e_ (3C.c.,~.+ Aw.o C~~.o--F*r--T-iFt Yn~±~. -~_•.•_~ W/~LIG B6'.laY A'r UIn2 ML7Y t an pl TU /¢/R- f~71DS AM Situ pion attached: yew tto ~~ (Slrepkat reQubed for e»fbs evnetaLru Include iocstions o£tents: stage, S or~a; a.~, duttuutecs, portable lighting, and barricade tocatiou if agp6cable.) Reatal'oFOId 9attool9quare: yes no v (ff yea, attach proof of approval) Private Property Use: yes : • no~ (If yes, att~clt letter giving enthori2ation from property owlter) ' faucet budgot attached: Yes '~ ~~___. (Ragadtad for ol! evaxra) Previousymaltav~tte/Exp4gaeaummarYattaehad: yes '~ ro . (RAgtdted fur elf events) -- -. _^. ' Do you have oaeh sponsors for She erzrrt: yea no '/_ (indioAted on budget) `-" Do you have itekhed sponsors for the event: yea ao / (Ixrdiamai on budget) "' tior~S . UiwMIW1CY!livo (:a/ Ca1IdK~h7 CammHeslSpeald 1?vmtPmmitgppawtloerind 9S07,doe _-. -. • __-. --. _° .,___~~~..,,,, - ~Trirnu~r+ Rcxwrtut PPE 66/16 Sorvit~ os selling alcoholic beverages: ~ yes ao / _ ~_ _ l~1J'u', SPY el iicehse and sieoho[ ifabilitysAturatree required two (2) h ~erkl p~tor ro ever:!) Eroent certificate ofibsutagce attached: 'yea `~ tto _~_ _ (,Requited two (~) warns prior to event nambrg the L'gy ad adda'ional dns a-srl afs~a requvsdfarvendors) Playing of amplified music: yew no_ ~ _ (Yf'riva trgalire~ Will there be eate:taiamrat yes no '/ _ (If yes, attac)ud t{st of Performers and/or DJ's) if yes, sponsor agrees ell entertainment will be icy oriented and contnia no obscenities: yes / no_~,,,, Requesting Police assistance: yes / no~ . (traffic canuoveocurity) Will supplement tvitb private security: yes no~ ~ - !~!)'~', needpfutl osteched) Requesting Emergency AQedical essi~ianoe: 3'~ /~ ~~ _ _ .,.., Regvesdng barricade assistance: yes ~/ ? xo _ _ -- (lfrw, hwv are yon handling?) . Rsgttesting trash removaUcleaa up assistance: ' . yes _ rr r_ _/ . (Will be blued to syomsor) Requesting trash boxes/containers and liaer6; yd a~ r_ / Regveatlag stage age: yes .no_/_ _.. (~1$~, elkeak type) Largo stage (14' x 36') 0 Small etrge (16' :21~ v Half small stage f 8' s 21,') o Re4uesfuaY slguage: Yes .... o~ ~_ Type: 4'x4'l;went elan Packing 31gns ' . Banner hangittlg ]'ndiaah dens regnind _- _-- (ipatvetsquired f mare tkan o:se (I) week prier to evetral . Requesting City portable benerator: yes - no / _ Gif Yes. sire ~ povrar) Pood sud bevete@e vendors: Yes nom Ii yee, approxhnate anmber (Health bepaztlneat approval sequisod) yes no ad Na.FA+4tiet~pmipxVpeola Eveaz remleAppeeetlonitipd 9.6.07nWc --. _. ~ ..... ~ ........ .....~.....~~ ~rrrnupW rtrarr~nc,+ PAGE 87/16 Otlu'r vendors: (indlcatetYPe~ Y~ no /-•- +~f~.-a, Haw ~My ,~ • Wkatalu ora¢e regalred' to yc; o ~Qp ,, jp (Xf yes, net permrt~ eod~lre iaspecftaas may be aeeded,J will the avert include amusemarx rides: yea no / _ _. (~YG6 4Te and JoedrdYon sad ropy 4fdabUhy 6dsrnaaa revldrirxd, airs ,ti.ILvr s.;tak •licdoats end tniperlion.) Will the eveatbe gated: yea no / _ ~. (S1YoWon~altemgp) ' Will there be a charge f»r the event: yes '• no~`~_ _ {{yea, fadlcrae d'oekeeprlaq) Will there be fireworks or otLd3r pyrotechnics: yes no / _ (•~f1'es, conrarl FYrr blaslsa! db obmfn amf omnplete perayt app!le,ddion) Will there be cooldSr+g with compyassed "gas: yes no_~/ _, (jfyes• coelact.FbeMarrhaljo-i,upecfio,~a) will you ba Imovldin8 ~Ott,a-lets for the event: yes ~ nn..._... ,_ _ _ ('yes; loeafe aa•tfifr map. ,~f ao, Gddlcwta lYow you wl111kead& rsrtroam n,a•dr i Ia reserved patk{Bg regnceed: yes . no / _ _ (1fyd:, lndfcatelocetieesr sad perpesejor Sveat Permit Attaohroeuts: ~venudExpense Recap Last Xears livent Site Plan -- Letter Regnesting•Aiolse Ordindmae Waiver ~- Letter Regnestitlg Waiver Conarffiption Alcohol Beverages /Proof of Non-Profit Status ~4eneral Liahdl{ty lnauraoca CetStfioate Alcohol Beverage Liability Certti9cste ~- Proof of RerrtBl Agreement or AuthorirafAon T.ettor £rotn Private l'rc•pc rr; Owner . Hold Harmless Agrmemea; Suhmtttai Date Requiremecas: • Minor BveDt .a5 days prior to event • Tntergtediabe Event 90 days yriar to avemt • Majar Event 120 days priar !o event • Neighborlwod Black Party 3d days prior to event t1.'NrRtlea7apmi,) Brea RequeASysW EtroM FaaRAppaaA®FWAL 9-6,07.doc .... wrr a~~r a~,.w LALiY JL000 LYNYMLggp I~StlaM.H PAGE 88/16 Evepe Cpntexetor/Coordinator ' ~ Pleastprfnt•`~iUC S~J ~7~0 7 pae Please enclose the appropriate nnn-refimdeble applicadoa fee, psyeble to f ~e Ci ry~ a f Delray Hesskti,100 N.OV. 1"Avenue, Deltroy Bosch; Plotida 33444, Raqui e~ i s nth permit aplicaticn. For St~Use O~ 'Date ltecolved l 1 a'~D? Application fee received ~„~,,~. ~ _ U:lmidemKSed~e CIU COWer~eCmMEfOCeV9pa1~6ueptPamltApplieorionF'aW 9,6.07,tvc LYMPH®MA RESEARCH - F O U N D A T I O N The Lymphomathon is anon-competitive SK Walk in which lymphoma survivors, caregivers, loved ones and friends gather to celebrate, honor and support one another while raising funds for lymphoma reseazch and education. Participants register and create groups of walkers in order to raise money individually and together as a team. Depending on the market, each Lymphomathon welcomes between 200 and 2,000 participants for a three to four hour event featuring local celebrities, politicians, media sponsors, family entertainment and much more. This program has shown massive growth since its inception in 2003. That yeaz, L13F launched the program with two inaugural events in Chicago and Atlanta, raising over $200,000. In 2004, the program increased by 250%, raising almost $500,000 with five events. Tn 2005 the program increased to 13 events raising just over $1 million-another 100% increase from the previous year. In 2006, the Lymphomathon program drew 6,000 participants nationwide at 16 events and the program raised approximately $1.3 million to support LRF's reseazch and education initiatives. We aze projecting that the Lymphomathon program will reach almost 10,000 participants in 2007 and raise over $1.6 million for lymphoma reseazch and education. This growth will continue as we increase our scope by expanding our local Chapters, marketing outreach and patient education initiatives. The mazkets currently scheduled for a Lymphomathon in 2007 aze as follows: • South Florida, February 24 Seattle, September 30 • Dallas/Ft. Worth, April 2S Niantic, CT, October 6 • Detroit, MI, Apri128 Irvine, CA, November 3 • New York City, May 5 • New Jersey, May 6 • Boston, May 12 • Minneapolis, June 9 • San Francisco, June 10 • Chicago, August 26 • Philadelphia, September 15 • Los Angeles, November 10 • Atlanta, November 10 (virtual walls) • Phoenix, November 11 • San Diego, November 17 SOUTH FLORIDA LYMPHOMATHON BUDGET 2008 Revenue Team & Walkers $65,000 Total Revenue: $65,000 Expenses Display/Decoration $200 Entertainment $250 Event Planners $3,500 Incentives/Awards $3,200 Insurance $0 Leased Equipment $1,500 License/Permits $1,000 Miscellaneous $250 Photographer $100 Postage $1,500 Printing/Publication $2,200 Program Travel $790 Supplies $250 Telecommunication $300 Venue & Catering $500 Volunteer Recognition $200 Total Expenses: $15,940 Net Revenue: $49,060 Expense Ratio: 24.5% Lymphoma Research Pouadadoa 3mtalxm of Revanus and FxpeMitura - 2006 Lymplamdlans HY Lac+mon FLO] -South Floods 794 - Lymphometliwl Fmm 1/12006 Through 12212006 ewow smr v.am vmms Rwenue Events Evem Ticlrer Sdes 0.00 0.00 0.00 41100 634.00 Evem Te®a Income 42,OOD.00 62,859.89 859.89 41150 38,846.00 Ewan Sponsarslups 10,000.00 1.60000 (8,400.00) 41200 4.150.00 Event Gencrd Donation 0.00 2,810,00 2,810.00 41800 0.00 Evem Other Income 0.00 3000 30.00 41900 0.00 Total Events 52,000.00 d7,299.69 (4,700.11) 43,630.00 Marching Marching Gift 0.00 5,050.00 5,050.00 43500 0.00 Told Matching 0.00 5,050.00 5,050.00 0.00 OOrer lrcane Staple Discouma 0.00 4.77 4.77 48130 0.00 Total Other lncame 0.00 4.77 4.77 0.00 Total Revenue 52,000.00 52,354.66 354.66 43.630.00 ~~ OTPS DispleygDe<romtial 250.00 600,00 (350.00) 62210 250.00 Fiaerminrnrnt 200.00 000 200.00 62230 0.00 Evem Phtmers 4,500.00 3,500.00 1,000.00 62240 3,500.00 Incemives g Awards 1,800.00 1,757.45 42.55 62280 1,262.23 Laurance 0.00 400.00 (600.00) 62300 D.00 Lamed Eye{pmart-Other 1,200.00 0.00 1,2000D 62329 1,!66.00 License/Pertnits 500,00 892.00 (392.00) 62340 100.00 ~1 gavi~s 0.00 0.00 0.00 62370 440.05 MedicalBupport Services 200.00 0.00 2110.00 62380 0.00 Mixellseous 250.00 0.00 250.00 62400 250.00 PhotogrePha 100.00 0.00 100.00 62430 0.00 Poemge g Shipping 1,600.D0 654.68 945.32 62440 590.32 Printing gl'udiwtion 3,500.00 2,467.20 1.032.80 62450 3,391.55 Program Travel - Aidfcain 400.00 288.60 111.40 62471 439:40 Program Travel-CdY3.ocd 250.00 70,89 179.11 62472 218.42 Progam Trawl-HOteVLOdging 300.00 0.00 300.00 62473 329.311 Prognun Travel-Meals 100.00 212.58 (112.58) 62475 25.00 Security 600.D0 0.00 600.00 62490 0.00 sappliea 180.00 61.19 !18.81 62520 198.14 'Ielecommlmication 100.00 0.00 100.00 62530 0.00 Venue g Catering 1.000.00 0.00 1.000.00 62560 0.00 Valuraeer Recognition 200.00 000 200.00 62570 0.00 Turd OTPS 17,230.00 10,904.59 6 325.41 12160,41 7om1 Expenses 17230.00 10.904.59 6325.41 12.160.41 i4et Lrane 34770.00 41,450.07 6,680.07 31,469.59 O~la: INi0ra7II:11:10 AM ~: t Lj ~ of 0~1fL9Y Q~~9e-t/ ~2~ 31C Ctos~a ,~ocp ., ST/aRT~Fi~/lSN `T`~q/zt:uv0);. 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Cv..ll: Puc: rt~.~" cw SuaRp 'rr~~5 M~r_6 !4- 0 3 0 o a ,,,3„ , ~r.~ G P E I~Cl, 5 N ._........~.....3 0 5 ~ . ,., Y ~~ -. CR5 u H.l4NA '. Ji'f'~d ' ~ M t ~~ ~NE~'' A~ F n (, C A l~ 82/13/2006 11:82 2123A42886 ~ ~~S ~ w ~~ a 0 V i iF 1 J a s s J (d }~ K~ ~ ~ . o- ~;t S Q t 6 ~ o 01~ Pase e6/ae [`S Q ~J ^ Q Q 4 ~~~ ~ ,l V ~~ Y €/~ ~ ~. ~ ~ r g~ N -- a rr,~vaie~ f~ ryvrq~ yV ? ~ ` a ~ a ~ '~ 2 W ~~ r 2 ,~,~ as ~..,.n _r~vC2 Q ~~J L1 2 3 i YuorfaESEA ..,,o,..... _...._.. ACORDn CERTIFICATE OF LIABI - - - LITY INSURANCE ;;;o,; "" PRODUCED D. R. Reiff & Associates 272-603-0231 CA License Number 0759214 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TXE POLICIES BELOW. 320 West 57th Street New York, NY 10019 INSURERS AFFORDING COYERAGE NAIC 0 INSURED INSURER A: Vigilant Insurance Company Lymphoma Research Foundation INSURER B: Federal Insurance Company 115 Broadway, 13th Floor INSURER C: New York, NY 100086023 INSUREa D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN LSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV SE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIM{TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ECTNE POLK:Y E%PDUTION POLICY EFF DMRB D TWEOF WSURANCE POLICY NUMBER LTR s A GENERAL LU.MLm 79502215 04!18107 04H 6/08 EACH OCCURRENCE x1000000 DAMAGE TO RENTED EIDDIUdBd X COMMERCIAL GENERAL LIABILnY CLAIMS MADE O OCCUR MED EXP <My mr Perean) 11 O OOO PERSONQBADV INJURY f1 OOO O00 GENERAL AGGREGATE E2 OOO OOO GENL AGGPEGATE LNAn APPLIEB F'ER PRODWTS-COMPIOPAGG SIRGIUded X PoIN:Y RRP LGC B AUT OMOBILE DABIl1TY 794$9270 O4/16I07 04N 6/OB COMBWED SINGLE LIMIT 51 000,000 ANY AUTO (EC emaeml , ALL OWNED AUTOS BODILY INJURY f BCNEDULEO AUT0.S (RR! ~~) X HIRED AlTTpS BODILY INJURY f X NONOWNED AUTOf IPx OaJMN) PROPERTY DAMAGE f (PM acTWMN) OA MOE LY~Lm• AUTOONLY-EAACWDENT f ANY AUTO OTHER THAN EAACC S AUTOONLY: AGG f B IXC Ef&UMBRELLA UABILRY 78489818 O4/1 &07 O4/16/OB EwcH DcWRRErcE 22 O00 O00 X OCCUR ~ CWM9 MADE AGGREGATE f2 O00 000 f DEDUCTIBLE f X RETENnoN s1D000 f B WORNERB COYPENBATION AND 79512090 O4/18l07 04/t WO6 X WC bTATU- OTH EMPLDYERa'LIABRITY E.L. EACN ACCIDFM S1 000000 ANY PROPRIETIXiRARTNER,EXECUTIVE i OOO 6DD OFFICERIMEMBER EXCLUDED'/ E.L. gSEABE-EA EMPLOYEE s If yel OeFMMunNS DISEASE-POLICYLIMIT E L f1 OOO,000 SPECIAL PROVISgNS OMox . . OTTER DEBCRIPTWN OF OPERATN)N81 LOCAIN)Na I V[MOLCB/EXCWSNINB ADDED BY ENDORSEMENT I6PECUL PRONeN)Na RE: South Florida Lymphomathon IMareh 2, 2008 at Anchor Perk In Delray Beach CeRlflcete Holder is included as Addltbnal Insured as respects to Ileblllty coverage and the sole negligence of the named insured. Clly of Delray Beach and Spill Second Timing 100 N.W. lee Avenue Delrey Beach, FL 334M 23 (2 0 0110 61 1 nr 1 lLS6R808RY128387 ABOVE DEBCRIBEO POLICEt aE GNCELLED BEFORE RI[ IXMMTNIN THEREOF. THE UIBUINO NJBURER WILL ENDEAVORTO MAIL ~_ DAYB WRmEN E TO THECERTIFlCATE MOLDER NAMED TO THE LEA. BUT FN WRE TO DO BO BNALL {! MO OBLNiATN)N OR LIABILITY OF ANY KIND UPON THE INSURER RB AOENTB OR R7104 a ACORD MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: David T. Harden, City Manager DATE: December 28, 2007 SUBJECT: AGENDA ITEM 8 K - REGUL~LR COMMISSION MEETIN OF ANUARY 3 2008 RENEWAL/ RAILROAD LIABILITY INSURANCE POi ICY ITEM BEFORE COMMISSION Renewal of current railroad liability insurance policy required by City contracts to be provided for Florida East Coast (FEC) railroad (RR). This unique insurance policy, which provides RR crossing in addition to sidetrack land parcels liability insurance, was negotiated by the City's insurance broker, Arthur J. Gallagher & Co. as is required under City contracts with the FEC. The 1/3/08 renewal does not have any change in coverage or premium ($20,200) from the expiring. The exposures under contract remain the same. The City Manager will be signing the authorization to bind coverage prior to the Commission meeting on January 3 due to the deadline to renew coverage. FUNDING SOURCE 551-1575-591-45.31, Package Policy Premium Commission approval is requested for the 1/3/08 renewal of the expiring railroad liability insurance policy (premium of $20,200) as is required by City contract with the FEC raikoad. J MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 28, 2007 SUBJECT: AGENllA ITEM 8.L. -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 RF,SOI,UTION 01-08 SUPPORTING THE FLORIllA LEAGUE OF CITIES LEGISLATIVE PRIORI'I'IESFOR2008 ITEM BEFORE COMMISSION The item before the Commission is consideration of Resolution 01-08 supporting the Florida League of Cities Legislative Priorities for 2008. BACKGROUND We received a request from the Florida League of Cities to adopt a resolution supporting the League's legislative priorities for the 2008 session (see attached letter). The League's priorities address: -Affordable Housing -Environmental Permits -Growth Management -Local Business Taxes -Local Government Pension Plans -Mobile Home Park Closures -Municipal Indebtednes s -Property Tax Reform -Transportation Projects -Electronic Traffic Infraction Detectors -Water RECOMMENDATION Staff recommends approval of Resolution 01-08 supporting the Florida League of Cities Legislative Priorities for 2008. FLORIDA LEAGUE OF C MEMORANDUM To: Members of Florida League of Cities, Inc. From: Rebecca O'Hara, Director Legislative Affairs Date: December 20, 2007 Re: Request for Resolution RECEIVED DEC 2 6 2DD7 CI"fY MANAGER INC. The FLC Board of Directors adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 412 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. Please send copies of your adopted resolution to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your local legislative delegation and to the Florida League of Cities no later than Friday, February 22, 2008. Also enclosed are a list of addresses for the Governor, Senate President, and Speaker of the House. In addition, we have enclosed a directory so that you may identify legislators whose districts include your city. A Microsoft Word version of this resolution is available on the League's website under Legislative/Advocacy at: www.flcities.com. If you have any questions or require additional information, please contact Rikkia Rellford at the Florida League of Cities at (850) 701-3653. Thank you for your assistance. Enclosures 30~ South Bronough, Sulte 300 ~ Post Oftice Box 1757 ~ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ~ Suncom 278-5331 • Fax (850) 222-3806 • Internet. wwwJlclties.com RESOLUTION NO. 1-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities are challenged to meet the increasing infrastructure, affordable housing. transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination. and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. 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 urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: • Reauthorizes the affordable housing trust funds, preserves the documentary stare fee as the trust funds' funding source and renmoves the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental pemritting P~~% • Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding • Preserves and protects properly rights of mobfle home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local govemrriexits; • Broadens municipal home rule and other authority to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum; • Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Depariinent of Transportation from eliminating, deferring. or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and SustairuabilityTnist Fund Section 2. That a copy of this resolution shall be provided to Governor C7iarlie Crist, Senate President Ken Prrutt, House Speaker Marco Rubio and rnernbers of the Florida Legislature. PASSED AND ADOPTED in regular session on this 3'~ day of January, 2008. ATTEST: CityQerk MAYOR RES. NO. 1-08 J MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: December 21, 2007 SUBJECT: AGENDA ITF,M S.M -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 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 December 10, 2007 through December 28, 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: 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 Planning and Zoning Board-_Meeting of_December 17, 2007 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 0), of a City initiated amendment to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and define compatible development within the Historic Districts. The amendments intend to provide an objective way of providing compatible new development within the City's five (5) Historic Districts. Recommended approval (5 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.3 "Submission Requirements" to address requirements for vicinity maps, to list acceptable plan scales; to clarify acceptable scales for landscape plans; to allow for deviation of standard scales when composite plans are prepared; and to add that a 1 inch = ] 0 feet (1 "=10') scale is permitted for preliminary and final subdivision plats. Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.7 "Family/Workforce Housing" expanding the Cazver Estates Overlay District. . Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.4.19 "Mixed Industrial and Commercial (MIC) District, Subsection 4.4.19 (A) "Purpose and Intent" to clarify that residential uses are permitted only within the I-95/CSX Railroad Corridor Overlay District. Site Plan Review and Appearance Board -Meeting of December 12, 2007 A. Approved (6 to Q Johnny Kincaide absent), an architectural elevation material and color change for Tree House Townhomes, an existing townhouse development, located at the southeast corner of Andrews Avenue and George Bush Boulevard (79]-797 George Bush Boulevard). B. Approved (6 to 0), a color change for Harbourside Condominiums, located on the east side of South Federal Highway, south of SE 10th Street (1 Harbourside Drive). C. Approved (6 to 0), a color change for new storefront awnings for Shallot Restaurant, located on the west side of SE 5th Avenue, south of SE 8th Street (802 SE 5th Avenue). D. Approved (6 to 0), a Class I site plan modification associated with the installation of awnings over the balconies for Courtyards of Delray, located on the north side of SE 1st Street, between SE 5th Avenue and SE 6th Avenue. E. Approved (6 to 0), a Class V site plan, architectural elevation plan and landscape plan associated with the construction of three 2-story townhouse units for 2508 Florida Boulevard Townhomes, located on the west side of Florida Boulevard, south of La Mat Avenue. F. Tabled (6 to 0), the color change request for the Antique Experience, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (502-506 East Atlantic Avenue). Site Plan Review and Appearance. Board -Meeting. of December 20, 2Q07 B. Approved (4 to 0, Jose Aguila, Andrew Youngross and Shane Ames absent), an architectural elevation roof material change for Harbourside Condominiums, located on the east side of South Federal Highway, south of SE 10th Street (1 Harbourside Drive). F. Approved (4 to 0), a color change for the Antique Experience, located at the southeast comer of East Atlantic Avenue and SE 5th Avenue (502-506 East Atlantic Avenue). G. Approved (4 to 0), an extension request (expiring January 25, 2010) for Atlantic Shores, a proposed 35-unit condominium development located on the west side of SE 2nd Avenue, south of SE 1st Street. H. Approved (4 to 0), a Class III site plan modification, architectural elevation plan and landscape plan associated with the conversion of 2,471 square feet of office to retail for Oxford Business Center, located at the southeast corner of East Atlantic Avenue and SE 1st Avenue. L Approved (4 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3,320 sq. ft. bank with drive-thru lanes for Regions Bank, located on the north side of SE 9th Street, between SE 5th Avenue and SE 6th Avenue. Concurrently, the Boazd approved a waiver to LDR Section 4.6.16(A)(2) to reduce the sight visibility triangles from 40' to 30' at the southeast intersection of SE 6th Avenue and SE 9th Street, and from 40' to 30' at the southwest intersection of SE 5th Avenue and SE 9th Street. Historic Preservation Board- Meeting of December 19, 2007 1. Approved (5 to 0, Linda Lake and Jan Kucera-Winney absent), a request for a Certificate of Appropriateness associated with site improvements specific to parking and landscaping for the Sands Terrace, anon-contributing property, located at 135 NE 1st Avenue. 2. Approved (5 to 0), a requestfor a Certificate of Appropriateness associated with landscaping improvements and swimming pool installation for 1180 Nassau Street. 3. Approved (5 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the demolition of anon-contributing multi-family structure and construction of a two and three-story 8,435 square foot, mixed-use structure containing retail, office, and two residential units for 19 SE 2nd Street. Concurrently, the Board took action on the following waivers; Recommend approval (5 to 0), to the City Commission a waiver request to LDR Section 4.4.24 (H)(l), which requires that residential units within a structure containing permitted non- residential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located (63% is proposed). Recommend approval (5 to 0), to the City Commission a waiver request to LDR Section 4.4.24 (F)(4), which requires that the maximum width of a building fronting a street shall be limited to 60' (7T 6" is proposed). No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. . Recommended approval (4 to 1, Joanne Peart dissenting), to the City Commission for the City initiated amendments to the Land Development Regulations (LDRs) for Ordinance 38-07, which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map SPRAB HPB A. TREEHOUSE TOWNHOMES 1. 135135 NE 1ST. AVENUE-SANDS TERRACE 8. HARBOURSIDE CONDOMINIUMS 2. 1180 NASSAU STREET C. SHALLOT RESTAURANT 3. 19 SE 2ND STREET D. COUNTRYARDS OF DELRAY E. 2808 FLORIDA BOULEVARD TOWNHOMES F. THE ANTIQUE EXPERIENCE G. ATLANTIC SHORES H. OXFORD BUSINESS CENTER I . REGIONS BANK MAP REF: 5:\Planning 8 Zoninq\DBMS\Flle-Cab\CC-DOC\1-03-08 N '"' arruMrts ' - -"- ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING 8 ZONING DEPAFTMENT JRNUARY 2008 --DIGITAL BABE MAP SYSTEM- J MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: December 12, 2007 8.N.1. SUBJECT: AGENDA ITEM 8.~ -REGULAR COMMISSION MEETING OF JANUARY 3, 2005 BID AWARD/UEVLAND SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION Request an award to Devland Site Development, Inc. in the amount of $164,700.00 for hauling and disposal of Time sludge from the Water Treatment Plant. Devland Site Development, Inc. will haul the sludge material from the water treatment plant and appropriately reuse it in future consWCtion development at a cost of $180.00 per truck load. BACKGROUND Since January 2001, the City has had an agreement with the Solid Waste Authority (SWA) for dumping lime sludge generated from the Water Treatment Plant to their waste facility as part of the Lime Reealeina[ion Program. The program has provided the City the opportunity of dumping lime sludge at no cost. The SWA has discontinued the Recalcination program and effective April 1, 2007 started charging $65.00 per ton on waste dumped at their facility (excluding hauling costs); the waste is considered Class A- Special Waste. The City currently generates two to three truck loads of lime sludge per day at 22 cubic yards per truck load; monthly cost just for dumping could potentially be as high as high as $42,900 (22 tons per truckload at $65 for 30 days). Last April 2007, in an effort to conserve costs, staff inquired with vendors having previous history with the City [o perform routine daily hauling and disposal: Hardrives of Delray; Almazon Brothers, Inc.; and Eastman Aggregates, Inc. Not having a need for the material, all vendors declined. However, they offered to haul the material a[ previously approved rates of $110 to $ I I S per load to the SWA ($55/hr at 2 hr round trip, minimum). Devland Site Development, Inc. had no work history with the City, but was contacted via a referral. They offered to haul the lime sludge material Gom the Water Treatment Plant (WTP) to their designated stockpiling site at a cost of $180.00 per truck load, to be appropriately used in future construction development. Their quote dated April 4, 2007, contained a one year renewal option. Utilizing one of the existing contracts for hauling plus tipping fees would potentially cost the City $1,545 per load (22 ton truck at $65/ton, plus $115/haul). Using Devland, the cost is $180.00 per truck load, hauled and appropriately reused at their discretion Realizing the cost savings and the limited stockpiling capacity at the WTP site, Ci[y Commission approved on May I5, 2007, a purchase order in the amount of $98,000 to Devland Site Development, Inc. Staff requested funding for sludge hauling with the current year's approved allocation at $164,700. Anticipated costs through the end of this fiscal year would be approximately $164,700 (3 truck loads at $180/load, 305 days). FUNDING SOURCE Funding is proposed from account #441-5122-536-34.90, Water and Sewer Fund/ Other Contractual Services in the total amount of $164,700.00. RECOMMENDATION Staff recommends award to Devland Site Development, Inc. in the anticipated total amount of $164,700.00 for [he hauling and stockpiling of lime sludge, taking advantage of the annual renewal option at the quoted rate of $180 per [mck load. 4/4/2007 10:26 AH FRON: Fax Devland Site Developeent T0: 243-7316 PAGE: 002 OF 002 Devland Site Development, Inc. 1302 Wingfield Street Lake Worth, Florida 33460 PROPOSAL TO: City of Delray Beach Water Dept / Attn: John Date: o4/oa/o7 Project: Sludge Removal The following proposal is submitted for your review and acceptance and consists of A.) REMOVAL AND DISPOSAL OF SLUDGE MATERIAL (t~ $180.00 PER LOAD W/ ONE YEAR RENEWAL OPTION. (Not to exceed $200.00 per load depending on disposal location) B.) EQUIPMENT USEAGE /LOADER W/OPERATOR (t~ $85.00 PER HOUR. PROPOSAL TOTAL: AS INDICATED ABOVE. Note: Our company owns an extensive list of equipment, ffyou are inderested in a price quote for other machinery, please contact our office. Stnub"_mi~~tted by: t;c~ic ~f.(/1~L1~dt Carl Devesux Vice-President Accepted by: Phone: (561)585-6370 Fax: (561) 732-0106 m' of Delray Beach Representative u MEMORANDUM TO: Mayor and City Commissioners FROM: WILLIAM A. GRIEVE, P.E., ASSISTANT CITY ENGINEER RICHARD C. HASKO, P.E., DIRECTOR ENVIRONMENTAL SERVICES THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: December 20, 2007 B.N. ~• SUBJECT: AGENDA ITEM 8.1 ~, -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 CONTRACT AWARD/ALL-RITF, PAVING CONTRAC"FORS, INC. ITEM BEFORE COMMISSION The attached agenda item is for approval/authorization of the City Commission to award a construction contract and for the Mayor to sign the contract for the S.W. 8th Avenue Roadway Improvements. BACKGROUND The work generally consists of the following: Road construction includes stabilizing and compacting subgrade, installation of limerock base, asphalt wearing surface and sidewalk along with associated miscellaneous improvements. Bids for this project were opened on Thursday, November 8, 2007. Eleven bids were received, and the lowest responsive bidder was All-Rite Paving Contractors, Inc., with a bid amount of $I 13,500.00. The apparent low bidder at the time of the bid opening was Continental Builders, Inc. with a bid of $108,734.00. Continental Builders' Bid was determined to be non-responsive. It is Continental Builders intent to sublet all of the subgrade, Finished grading, ashalt and concrete work to a subcontractor. This work makes up 82% of dollar value of the total contract work. Per section 10.4 of the City's Instruction to Bidders, "No more than 40% of dollar value of the total contract work may be accomplished by subcontractors. Balance of work must be accomplished by selected Contractor's own forces". Additionally, Continental Builders has indicated that the equipment needed to do the work is owned by the Subcontractor. FUNDING SOURCE The cost of project is $113,500.00. A complete Bid Tabulation is attached. Funding is available from: Funding Source SW 8th AveRdway Impr SW 8th AveDrainage Account Number Contract 334-3162-541-65.34 $103,981.00 448-5461-538-65.34 $9,519.00 Total $113,500.00 RECOMMENDATION Staff recommends approval of thecontract award to All-Rite Paving Contractors, Inc., the lowest responsive bidder. ~r O N O M 3° h~ O~ ~~ O 3~ ¢3 ~~ W ~ 3a m ~ o 8 ''.a `c ~ o ° - G Y C UJ ~ _ 9 F ~~ 9 ~ U ~ 01 Y c 6 F ~ _ ~ j [il c o p 6 c c ~ C O 2 F ~ O N 9 la l c O c O F r Z U n - _ ~ 6 ~] , ~ _ _ _ E H r O J u ~ ' -_ - 3a " - -;~ i c _ _ _ m ~ ° $ ~ c _ _ _ U F mC ~F a w i _ _ _ _ _ _ z = _ - F _ a i ~ ~ _ =a ~ - - - - - - =o - m f ~ ~A W c „ r .y a ~ ~ ~ S _ _ _ o f- - u z ~ ~ ~ s o s s ° 6 o u s e ° a = - y E J _ y f.] F O r F v v i t c C ~ ° c [_] F i " ~ ti } - - F _ _ ~ L J J J J J Y Y Y Y Y N J .il J J J ~ E .E. y - 3 i. - ~ ~ ~ L ~ C Y c y a1 0 ° a ~ c c' 3 v ~ a = ~ ~ 3 ` ` o m 2 . = m 9 3 ,. ., a _ _ d - _ _ - _ _ _ _ _ o F n O pj O 3 N Y~~ F {-~ ~h O 3~ a3 ~~ ~o 3a d e u i r - - - - - ° 7 _ _ _ _ _ _ H a o ~ v ~ ~ 6 ~ _ - ~ g o i s F P _ _ _ c m € o i p ~ 8 ° _ _ ! _ _ ^ o d ,~ v a . ` ~ S n Y c - - - n 6 Of - ~ 7 kl c ~ U c _ y' ^ _ O i0 ~ - _ 2 W j ~ i ~ ~ lil n V c _ _ m i c P F L 7 ~ c _ _ $ °c p U ~ 6 c c _ r _ : F ¢ e O y ~ i.t c _ _ % ~~ ~ ~ ° ~ c c Y c ~ F " - es - `" - ~o ~~ m v ~ ~ ~ ~ = = = ~ = s s ~ s ~ ~ a = d = = - - - - ~ F z r ° - - - - - - F W - - l J j Y N } T } y J J J J J ~ E y - 3 V 3 C ~ N y Z O _ ~ Y ~ ' = ~ " ' H 3 3 u' u° o m `0 2 = m a ~" ~ _ ' ~ ' t '- C t- F- ~ 3 3 n F _ _ c ~ _ o _ ~ p` v - _ _ ~ ~ ~ E ~ 5 ` J n ~ 3 3 ° ~ F u d > > 9 F d - _ - - o F a 2 x~+ r O F N O M 3° y~ o~ ~~ ~o 3~ a3 ~~ W Q 3a h m g - r S o ~ 8 € _ _ _ 6 U _ P F 6 ~ V c c € - - ° ~ 8 S - N ~ _ J ~ _ _ z m ~ _ - - __ d € _ e ~ ~ - ~ 9 .1 G Q L ~ O ~ a ~ w z F b _ _ _ _ _ _ _ . _ _ _ _ vi j J J J N } T } T i ~+ J .] J J J rl i + - ~ 3 z` ~ H O - 2 y dl ° ° <° < c c ~3 ~ c a m y ~ " ° ~ 3 v v r ~. Y p G ., m ~ 2 - m ° o F ~ ~ a y ` c a ~' 3 3 ~ J a > > + ~ z c- fi 8 E a SITE 1. F. = 951 i_ _i J MEMORANDUM TO: Mayor and City Commissioners FROM: WILLIAM A. GRIEVE, P.E., ASSISTANT CITY ENGINEER RICHARD C. HASKQ P.E., ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: December 20, 2007 e. N.3 SUBJECT: AGENDA ITEM 8.' -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 CONTRACT AWARD/ROSSO PAVING & DRAINAGE, INC. ITEM BEFORE COMMISSION The attached agenda item is for approval/authorization of the City Commission to award a construction contract and for Mayor to sign the contract for the Rainberry Woods Neighborhood Improvements. The cost of project is $266,920.00 BACKGROUND The work generally consists of the following: pavement narrowing, two speed tables and one rounda- bout. This construction includes roadway reconstruction, sodded swales, driveway apron replacement, pavement markings and traffic signage, asphaltic pavement, concrete sidewalks, curbs and gutters, and associated miscellaneous improvements. Bids for this project were opened on Thursday, November 1, 2007. Five bids were received, and the lowest responsive bidder was Rosso Paving & Drainage, Inc., with a bid amount of $310,420.00 minus the bid deduct of $43,500.00 (for an alternate method of round-a-bout construction) equaling a contract amount of $266,920.00. The apparent low bidder at the time of the bid opening was Miguel Lopez Jr, Inc. The bid proposal contained an error which required correction, to properly evaluate their actual bid. Unit price bid item 5 (as bid) was an each item and bidder submitted item as lump sum price. The bidder's extended total price once corrected increased to $344,500.00, leaving Rosso Paving & Drainage as the lowest responsive bidder. FUNDING SOURCE Funding to come from Account Number 334-6130-541-63.20. RECOMMENDATION Staff recommends approval of thecontract award to Rosso Paving & Drainage, Inc., the lowest responsive bidder, with a bid amount of $266,920.00 0 Q Oo K # fL ~ W V Z_ ~ Q C C u ° ° 0 o o w 0 o ' 0 - w o o ` ' w u ~ N N O X W N a m ~ U ° II 11 E ~ p o o J J a ~ y H r O O f H n = ` c r o O w O y ~ 6 b 6 O w O a m m % V ~n y N M U r ° r u m n 11 _ E 2 -W b _ J J ~ u ~ F F O O H H ° ° 0 o o c ~ i N _ _ _ _ _ °e °o e o F V f w y y p g W N Q N ~ u ~0 II n 'i j 5 , ~ ~ J J f H O O I- F - O c O N o W O e F U w N O y X W M E F V p 11 II ~ ~ h J J H H ~ O O ° ° o o O N m O N ~ W O O V f V w w O m r w a' F V m II 11 ~ 2 ~ ' J J ~ O Q Q 0 f H O O W a F p N o O O O O E u w K o m w w » w F V o II 11 W o ? ~ Q Q H f O O H f F 2 a « « [V ~ ~ ~ ~~ ~ ' a I N N VI t/I G UI N N NJ J f9 ~ ~ W O i ~ o r rc A a Yl n ~ a c Q O E 1' o ~ o p d 3 a _ O ~ U ° 1 c Q ~ _ ~ v _ c _ ~ n ° 5 F 0 3 a3 u 'n p°~° c E ~ A j Q t~Q ~ _ _ - ~ m o f _ K _ 9 K E ~ U 4 Vi Q J S> Q g O r ~ J 'J MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: November 28, 2007 s .N.4. SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 PURCHASE AWARD/INSITUFORM TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Approve a purchase award to Insitufonn Technologies, Inc. in the amount of $149,429.50 for Sanitary Sewer Main Rehabilitation. The prices, terms, and conditions are based on the current 2007- 2008 contract with the Manatee County, Florida (RFP #04-3794 FL) for Sanitary Sewer Mains, Storm Sewer Mains, and Manhole Rehabilitation Services, expiring September 3Q, 2008. BACKGROUND The Public Utilities Department requested funding for the annual Sanitary Sewer Main Rehabilitation program' with [he current year's budget allocation at $375,000 for repairs to various systems. At present, we have identified main Tines and laterals in systems 6, 13, and 32 requiring repairs; other systems are still under evaluation. The cost for the repairs in systems 6, 13, and 32 is in the amount of $149,42950. lnsimform Technologies, Inc. has suceessfu0y completed previous projects. The award will allow us to continue with our annual program. A performance bond will not be necessary as this is a rehabilitation process based on linear footage performed and completed. FUNDING SOURCE Funding is available from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fund/ Sewer Mains. RECOMMENDATION Staff recommends a purchase award to Insituform Technologies, inc. in the amount of $149,429.50 for Sanitary Sewer Main Rehabilitation, as well are waiving of the performance bond requirement for this work. STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Insituform Technologies Inc. (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Proposal Unit Price Sheet per Manatee County Contract PAGE NUMBERS 1-4 5 6 7-8 9-15 16-26 t- 4. The term of this Agreement shall commence on the date written above and the work provided herein shall 6e completed by September 30, 2008. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 Attn: Randal L. Krejcarek, P.E. As to VENDOR: Insituform Technolooies. Inc. 116 Spanish Moss Lane Ponte Vedra Beach. FL 32082 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any -2- negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. -3- The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis Mayor VENDOR: By: (please type or print name) -a- CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used hislher identification. of identification) as Signature of Person Taking Acknowledgment Name of Acknowfedger Printed or Stamped -s- CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) 1 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 President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. (Secretary) (Seal) -6- INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comp rehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service OfFce and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. bj Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The reouired certificates of insurance shall not only ~araoraphs of this contract. The successful bidder will include the City of Delray ~- Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative' shall be crossed out as indicated on the attached "sample of Insurance Certificate'. -g- FfcbM FPX N0. :9042804162 Nov. 08 2007 04: 38PM PS ~11Sifd~m Tet (904) 237-3426 ~~ T Worldwide Pipeli~ 176 Spanish Moss lane Toll Free: (800) 633.8382 Teehrtolt>~i~s; Inc RehehilRaNcn Ponte Vedre Beach, FL 32082 ~ insituio0rm com4t6~ November 8, 2007 Mr. Scott Solomon Manager Water and Sewcr i~retwork City of Delnty Beach 434 S. Swinton Ave. Delray Reach, FL 33444 Re: Piggybacking Manatee County, FI. Contract Dear Scott, lnsitufilmt "Technologies, Inc. (ITI) is pleased to offer our 2007-08 Manatee County Contract (RFP #04-3794 FL) for sanitary sewer lining in the City of Delray Beach. Al] prices, terms and conditions stated in the contracts will exist between ITI and the City of Delray Beach. We [ook forward to continuing our working relationship with the City of Dclrsy Beach BestreJgards, I I Teel Hotchkiss Area Account Manager FROM If)511~'td1f+DlVil Teclz~u~Zc>t."zes; Int. November 8, 2007 FRX N0. :9042804162 Nov. 08 2007 04:37PM P2 TeI: (904)237-3426 Wwldwida Ripafine 116 Spanish Moss Lena Toll Free: (a00) 63&8362 RehaDltltation Porte Vedra Beach, FL 32082 Faz: (8C4) 260162 w~xw.InsBufonn.com Mr. Scott Solomon Manager Water and Sewer Network City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Re: Sewer Line and Servico Lateral CTPP Lining Project Dear Scott, We are pleased to submit this proposal to reconstruct the sewer lines and service laterals a various locations in Delray Beach using "Cured-in-Placo-Pipe" (CTPP). These prices are based on our 2007-08 Annual Contract with Manatee County, FL, which is available for "piggyback" by the City of llelray Beach. 2,802 if 8" x 6 rrun CTPP $ 22.OOflf $ 61,644.00 2,8021f 8"' light clean & TV $ 2.00/lf $ 5,604.00 2,8021f 8" sewer bypass $ .75/if $ 2, 101.50 Service reconnections, G3 ea $ 220.00/ea $ 13,860.00 Grout services, 49 ea $ 280.00/ea $ 13,720.00 CTPP lateai] lining, 14 ea $2,600.00/ea $ 36,400.00 Clean out installation, 14 ea $ 900.00/ea $ 12,600.00 Mobilization, 1 ea $3,500.00/ea $ 3,500.00 Total $149,429.50 FROM FRX NU. :9042804162 Nov. 08 2007 04:37PM P3 "fhe terms and conditions governing this proposal are as follows: Prnposallnclnsions: • C',ertifieate of Insurance with standard coverage • Pre-installation video inspection recorded on VHS tape • Standard cleaning of the existing pipe prior to installation • Post-installation video inspection recorded on VHS tape • Standard one-year warranty • Actual Field measurements will determine final invoice quantities Proposal Exclusions: • Premiums for special insurance coverage requirements • Point repairs of any collapsed sections of the existing pipeline • Permits • Disposal site for debris removed during cleaning • Please note that if any hazardous or toxic materials are encountered during the pro}cct, the Owner will be responsible for the removal and disposal of the materials • Constructions access easements Proposal Terms: • Payment due within 30 days of completion of the project • Partial monthly payments tray be requested • Proposal valid for 45 days Limited Warranty 1N LIEU OF AhL OTHER E7~PRESSED, IMPLIED AND/OR STATU'T'ORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNL;SS FOR A PARTICULAR PURPOSE, CONTRACTOR AGRERS 1'O CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY THE CONTRACTOR WHICH ARE BROIJGIIT TO Tl IE ATTEN"PION OF THE CONTRACTOR WITHIN ONE YEAR F'O1.I,OWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDI7TONS TO ACCOMPLISH SUCH CORRECTION. M_ utual Rele se of Conseauential Damaees: Neither party shall he liable to the other fox consequential damages relating to or arising out of the Contract. This proposal is subject to agreement of the parties on other terms and as are customary in contracts of this nature. FROM FRX N0. :9042804162 Nov. 08 2007 04: 38PM P4 4Ue appreciate the opportunity to quote on this project. If you have any questions, please call me. Sincerely, INS ORM TECHNOLOGIES, TNC. ~~~~ Ted Ilotchkiss, Area Account Mananer Owner Acceptance: Date: please sigt and return one copy of this proposal for our files or, if you prefer, a purch;ue order or subconuact for our execution. i S~ Z _ T __ ~ - --- ~ v, 2 E 6 0 /~ ' - 0 3 AVgNU C _.._. ~ _. . -~- I _ ~ ~ E N I } ~ / J ~ m Q s T _ > - ~ - RV ~ to ~ ~ -`~ r. I F _ -..._. Q i _ lA-MAT AVENUE 4_~ ...; V1 Q o Q a , I ~ Jt - DRIVE -- _- O W --Z ~ 3 -l! II '' - m F ._ _ .. (GARDENIA / ~ ~ ~ _...__O I o _ „ I _ a T , ~ ~ ~ ___ ° a -AVENUE H a r _ ~' '' Q ~ .~ rJ .. ~ > ., ~ _ ~ i ~ i I 1 .. , ~^'__ ~ HYACINTH ~ DRIVE.,. ~ _.. O i i _ __ ~..~ V % I J ~ a 1 o __ rnr i- ~ ; , - r~ 1 o ___.._ .. IRIS DRIVE ~_.._.._ _ F- I - r ~ I f- Q I m ~ o N 1 N I yV 1 O r a t m 0 0 N n O O N N O 2 0 0 U O~ ~i TY f DELRA BEACH °A'~"~27~~°°' ® o Y CI EXHIBIT A EXHIBIT A ENVIRONMENTAL SERVICES DEPARTMENT ® 43A e0U1H BWHfON AVBA E, oeJ1AY BEAdy ROfmA 33M4 2007-2D0 Ilii~~ill ~~ ~ I -0 1 ATLANTIC A V E N U E s.w. r-r--~-~ ~ r--~ r-~ n r-~ n r~l n ~~ ITTITI IT CITY f DELRAY BEACH °"'~"~Z"'°'°' ® O EXHIBIT B ~"lair e EM~iONtiENTAL 8ERVICES DEPARTMENT na aami s"MOd nvaa~ oen"r eenat R.a~ ~ssu zoos-zoo u A V E N U E A T L A N T I C D ,',~ ~~! is i .I ~ i I~~~ ii I.~,II ~- ® CITY of DELRAY BEACH ~ DAlE11/27J2007 EXHI BI T C EXHIBIT C EN146iONMEMTAL S~iVICEB D~ARTMF]Jf aw earrrl awxloH •vear~ oanAr ~Aai A-orcn ~s+a zoos-zao J MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Delray Beach Police Department Admin. Officer Joseph L. Schroeder, Chief of Police THROUGH: David T. Harden, City Manager DATE: December 21.2007 g. N. 5 SUBJECT: AGENDA ITEM 8.~ ' -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 LEASE AWARD/AMERICAN HONDA FINANCE ITEM BEFORE COMMISSION The Police Department requests approval to lease five vehicles from American Honda Finance for a three year period. BACKGROUND The Police Department currently leases 14 vehicles for use by our Volunteer Program who use the vehicles to conduct community patrols. Currently the Deparunent has leased 5 of these vehicles from Southeast Toyota (at $294.60 per vehicle per month) and 9 from American Honda. The estimated lease price from American Honda is $269/ month for 12 months ($3,228 per car annually). This equates to a total of $]6,140 annually for all five vehicles (not including lease signing fees). Leasing all of the vehicles from the same vendor will be less expensive (after the lease signing fees are paid) and easier to maintain. FUNDING SOURCE Funding is budgeted for this expense in account number: 001-2111-521-44.40. RECOMMENDATION The Police Department recommends approval. IIF is 2'Cl 2C70'I +Y: 3:'T`t9 F3!' L_HSI FJE7 32U(f .1 ~'- v aril V L/ Lr/ ,,...~ ~.. ,~ ~ ,tYj . a'ryf ..,~ •nrf 8?YiDr30ep 3'~C9' Fkxwe Wsee:a, pro, Aa nrylt9 r!roahyQ. kM 82r H[4NLaA .. _. r .i~, ;,r.' ~.~'dC~G,.' ~..C:21.5121 r "'°-' ~ ©EAtB 27 6:aaaf\ee 20 DEC 2007 ~~ LLASE Wf~RK`iHEE"T _-_ F"LOI7IDA ,162 CUSTft p . 5' aJ ..+ '- ad CS FLF/L~HH ~.T-S./ _. .. ". ~"~ .,.. RICK CASE HONgA x,u ~"~~' """"`"' 15700 RICK CASE NONUA uAY UAVIE, Ft ~, ~." ,"''> Ft 33332 ~:...... ~.. .. __ __ .,»... 209299 1?,' $: rrywad b easr;. t usaalsr t'1 ':m Y ,9 aplae Cn 4esc tFta Varr3 m.,C p, ~sl V ,g.,Cacdrlp TM, 9 e tcrrgs a) ddh srle, n' inrs eaW, t t~a% rrt ~, pl 1?i 4ahr;IP aaJ 3.iisavM,~ga •_il r rl sj~J.~ LW[:HI t.) rftk 4d`il ,3~.d Lt dm~!$,ud 8'M} t35 '>1L3 n4 pLAtM ea(:1=sJ rill rYe.a G.'li' L.r56br" 27!+.'5 B 78 .e4'~Y( r pJ.Q ~t~,&. ACiG._ a-a nE5 YJ01k. AIC4f,t`Y', I{ab~C M2a~:v„ , nrr c at 7.9 fAN J lull <`dlnb'TSlrr if W+ Kui.;. ns:lgnee NON.(JAtEB$E.,IAUST _.___...~ ._.. .._ .__._ __.__,.., _ __ _.. _ ..........._LE:ASE2fHM:._3~_MON77lS. ~__ VEHtCIE DESC#2iPT1ON ~ ~~-- '"VN JSBJ Y:eI'1AaV.°tP t A CIY1C 4qR ~ ~4(!Y J}r C• _ _ ~rMt f.~y dPntItIC31N1+l bnfllhPl' hr pllii'?n Pir id! } Wsn Rea9ing '~F}re9O3 ramA nr 41C 2FCId NE# 2008 HONUA Sq 10 ~7 e a Hess C7, +rr is}. sync t ra ~,• tessea ....., _ I 39:f .rfua.hNr rJ gg41 K-~'il ert;ly including Standard MaaUlecLlrer InstaTiOA Feeturet [upAexa rapiaCed h' upggead agUlpmenQ and ipa FCtierl3np Oeatef lnxkallad 6piloex: ___ A r i'ronCStoning _. LonO.;r ulrorm Fpwtr tdue` root _ Cust±m YYtf~is Rear Wing ;Pods, _ Alarrc >yaam Aram brslerr IriSndet: AP7~9=M S(er0o _. A41;FM 5'e'mo sdth Ga~~ct a P!a+,~or _ CdAS0t1e Glare` .: CO PRanyaa e,3 f-heet 7Jther Jen erl<u.n;.d JPIrCOS'__, ___....__ _...... ._.... _..._..__ ...._.. ______ ._.. ......__._ _._., e i ! ~ M f X x~~(fi)m( dAa~aw}xr< r r s~ v '. ~, i~ !' `f'^~x~~- " [. ;r M i;TiRNi++tYnTY }~ S .,, L ~ *pYeMdi $ b ..° r iHH ` ~ ~ ~~ , } ; .`.{~}A I~SL G 61 ~irrC lYf 5l a~jl~aPt O{ W_~ VU 2lf8Sih t~eeil` ~' ~ 980.43 ~ I S'!$(1YOR F4P k~TRU1 r P,.6 t.L". $e'k"a@3 9884,00 4t, ,~, anrrl ;~ ~,nl ~, - N,;.tr:n rx,ver.wle} .. -, 1fl39S•43 NIA A N I rta .n nglep > , ~t>st `a. _ udtre:n ..... __.. _.... _..._.,--- ~ roMal ._.... :. ~" 'ITEMIZATION OP AMOUNT DUE A7 LEA5E SIGNINO Ampuni bus at team 3[prNnp 0` Hox tea ,tmuunt Oae at Lease Slgn, ng w,il be Paid iapdal r~er. Cuss 9edUatkn Amount YBi1-n Casts} _ _. lY ~_ ~ CredSt for Prrt['-'adtrs A7toNancfi Edp4'USB ti1RCr Anv}*Jnl PaniGa9h.. _. _... + ~~A YU3Y M?kP MrJ9;. =ZY ~q- , :;n{rltapxr ;osf Rodr rihr :Gradii icr Nni Trade-am Is ani,ai._. + ~. ___,,._... 0~ _. __ _. _ Rcn e= _ ____..__. ,. ..~ ~- ~aiee.'Use Ta ,CraA-t for Nei Trace-In Al c~,vslce ._ + _ ~~~' - lJtsnCa hGmors ___.. -_*. I~rA _ Advanc hAOrttry PaSinnnt fist Pde nh} , ,,... _. + 2fi~~ Amannl ?a:d 69.,~._. __. + pIA -. _ _ tutvarx.e SIng10 V'ayrcaal (.:9ilxjie Pam'p7t Leasn) .... r ...,__ ..__._ 8 JA Amount #C be Paid it Cry c _ _... _. ... •. '3>3fl- 43 ,_ Hmunrr{rose:;,,+ly Dnpasi+_...._. ... _. __.. ... . ____..._._.-N!A ToT,u....._..._.,...____.........._......,__ _....~'~.v 980.43 '. n3Uai Pegip`i'etibir 1t;C5 .. _ + I lfl' fl1,T M V U.E .A.ii2.00) ., 8 8.5 0 ire, F t F E E S ! _ ._ (({ ,y g }~( '~~j{° ~ ''~ '~ ^ / 33.9 TAXES __ .~ Ulna. roTnL .. ..... .,.,... ...._.,... £~ .._....980.43 ~_ -~~~~-~ ITEMIZATION Oi' L_EASE DISCLrO5URE5 Gn0 ,:A~'k'At11F ) F rr.57 ri .._18993_ 78 m car an iram eat 4v of ttus Arta-)ni. pkaaae C~~~~ ~~ the agrp&;; upno +'alil& a1 di4 lehkda { ~ -_,_, _ ~._. } tltld Hop Hafts 1 pap for 9Ver ne Ceaw Tarm SBrY1G3 G6"]jr3Cib 3k1Ch AS Cn%93 1806 IUSU 8flG9.~ 1 8[I UU1610t1dfil pti0` Ctip~O fif ICtl9C D8~8rICtl . 0 _ , . , , C >O5" ^ro' C.H": hC31i - CAi' uU ? - . . . . _ . ._...... _.. pp ~'y a. r7.I il Zti 'vNFI H. att' 1, {,J7. m 10J9J.79 11588" $5' 0".4 e ~ iL3.T39.I0 im *,x< HtSa .._...._. ..- l"rlff9~I C11YY112'k•~4tlee/'Y# _ _ _. ~A Aaxim :rn ^: :auCemsrcnpt an wu • ItE$i*?l:Ai. VA:. Ut'. - - - bw a. note, 4was?as r}rn.. •e9, „ < . . si ~lA E x D[F'R CIATCMAa:CAit`rA4`OR1i~E0 7804.93 + ~~~ s m xeasn„aPt~n :iaas)a .r AK-Ol,GTS .. _._. ~ N1A ,. Anr. oam.,t sbmraa n -._ ~ ~~a_Q~. 2279.07 ~~.~ _.. : . _ _. _... .._ _. k!'~ trrs Anr uar ra,~mna m~+n ~c:, _. 2!000 A iL M : ~ + _ _ "4~ThL JF y+ FPA7Mtt C+S~ ..38 - - +.__,_._.. NI~. enpa a nn a cuz r S_ ~ t. E:ASh SA Rrl N75. _. r -'~' ~~. ~~ tG(fA<i'4YfYP`t.4 it <~,tA1'xfi'fM ,9t 7i+~,e tcanv le:m• r .x + x5 `44M Vi°h I:?h .s 'V` 'c°ne °'~ EASE 6'C hlNlY:iiiJD CPA+l4EN? x .. .. A- _.. « _. ~~_ ' _ _n _. T ' f :' fl +~l ;t++}t IH t nL~S;uSr IAX .. _...-t ~v_ w ~~~ ~. ._.. u ;y +En.¢r5 t. at:ipe. ) ~ _ ~Y - in NIA C ' T E ,:A I.E t rAX tSih ~ ,7idc NTr + NIA 18398 7g pprean Unae Value ci Vahlule .e _ c.... x s.ry+ss . .-ras narC3 Mr N ,< L,~ u tmnm lnf£maa Nllaa e M PRE .Lt dE r?'t Se Ht,,,. Sit __ ..+ 595 Qfl _.. _ p a l {17 H1 {1 __ ___. 'e' q~p~q}~. .1343(G{lL t'f 'r e4 :9r i9'uY NIA . )~t ti>TI+, 1 K _ # _ . .. ..,, Njtf( R9$ Pel &2>Ynpa ' P-~-~ r N/A usa s I~et-, er 6pY ns ... -~ 18395:D0 ANNUAL GRANGE F6R ' a' - f " - MJA N ie1 ;~.~t .+I~ _ _ .- }~~5~£~ AS ~1t $ 11FEUZID EXCE14$MILf luea LOST :3, G tl » ~ f ma3 raa fr olMa;.c 63-D {1- ~ A.. f PnIS ou a aP , Tg993 7$ nt /t_. HA$E FRICE FIdR RF TFRM PURf ni:; j, am~rt a. Lb N4ap,~. s~ ,NIA. , 1158£3.85 `" '~~, ~•"» r I ISS3~85 i r, ca, c t an t bs-;, 0 3U58J 53 CadmSmdRnSitluai uafnx .. ., IV@ to ., ~ . ;3 u, Y3. _. ._______ _. 7mm4 r„b, fxlrr,~a t=av.~nm D O(3~07 -- -....._ . j , __ -- is I ~ ; resenix ~I es end o n tethe iP? v i= e~nJ f ~ .... ...... x .._.. 63':32-.. S .-• o {n.it°,), h a ;Srd alf ,. gvah f:,.v v++ip .(Ia, ^=s1 ~ ; . =e-ir ~ 3~ .1 xu f_i .', dated 6, I.sa .. ,t .wm:e; a vr.=?-a x .__2273.0?- sso,tt c.=:,:.,.a„Y ~.rn:. ~ 33.98 ___-- __ _ TOSaI Raft GAa'aY __. _.. _..._ au 13' t r ., ixpi4l at,v' O'L[F! ry ~~©. VD i i.. :Gin;iv.. ! n~, ~~, _~~ x- NlA A ~~ mfa! Estinta6-0 °e¢s and taco i I .o+z :~ t~>~; '" / NJA . ____ len'.;e±ef l Atlluflmrn'f lnx lalleflp0 x ~ ~fA _. ONS ~ ~ ~ ~ OPTIONAL.. i?EALE - R CALCULATI .., , 9m ;-a qn 9 A':q ,hit twr p},1.~' ,~ d9 _LLd'. t~~-04il(d.li1 $JStnG..A (~L3iii 3S da,?+LdCL p` 4CIa91a9 u9plla I, it :.na ys to >tr yrJ~~;.i./v ___ ... ~ r'if ~ YHa iC=alds Pa3RwPI _ ~~A i~ cy el Al~k'iGn Im 7Clc: z, d•tr HeUist: at4J;:. d- ss.~. ao LE&sM nh AHEC NS,• ~I~A (~ t ((f J~ aM ti Pt @ Qf. ,t AdVal L°(1 t b+3 U[ 1 P^ ..... ~, . __ _.., aryS l i.k". .. _ _...,_._..._.._.._ 4~ t,p, of Enctnry vor:e; GopV,J Pbya'al $'.IJxaH L<_eG I Ach.n :+, n,rt ay,' ~Gg_DD 6a }arraratbn,tert br4s Fa;k+r_. _. . (t~ja ~dOSCIY, Carikflfa:iGU. (nrya: F'ay,rent. _.__.. - ......~.. _____ Tl;nd'Aai)e6t69 CBRItEarzn7'A5l ~~A I~ { f p 1 i 12 °ulf {S} Hq„dif (](pa! xj. tr s p ~ j A I14 t til LIE(: ISdY2J91'jd ,P ]{ _-ft-.~ __ .0[10 S+'r:•s:e (.nMr3.tl5).d&SPNCak•fi- MPP (y PPrl agratinn ._ . .. __.~y~.._ / + / ~S 7 ,.otporal~ Fesnlullan' f'ertae vnps kUCtarirat 5a. tI apVliNbie i e ~ Tax O~ t acne reel Reaer.^tc- .. _ N!A _ _ Timaa Rembar m Pxvrtfnnts ... _ x __.,T.___*f ~ _. __. . 1~TZtl 78 Terel 4anlspn3n. ~ b~A TOtalOnlar AWPMa AmaaM. s ... Umen Upfront Parcantzpt - . -Y .,_ ...{ttA74"_ RP!(O1 PididPxtloP .____....._. . .~ ..... .,._.___. LS EL~RN 6~d7 AHFG Alvt t=idlCAN HONDA FINANCE COFiPOF3ATION c rums-.~ fa 4 i a c•, _ ~anditwn ror.l y:~cr,,,rzae>ai.lnay~paratacaa!fa., .-hf.h;GU.areacan,re.r;~~~ 1NdURY Pi{DTEGTIONdNSURANGE'~OF`AN~Y AUTHORIZE~I BENTAld1R LEAgI O ORIV R IS PRIMARY FOR THE LEMITS OF tUiB11,1TY AND NIA N/A PERS{7NAlINJi~RYPROTEGTtONCOVEI~GERE0H1RED8YSECTIONS V>nce r ._____ Gn+~de= .._. _. 324.02`1{7) ANOfi27.73$„FIORIDA 7ATUTES. Au msmraiaLara4ated .-;• NIA N/A 'nfor^tat+or, moat ba ac[irassad to the ASSignee. cto i'UP SaMc:ea. °(}. 9cx 6502ii. Hur=t ?tice.~:+_._.___._.Pn/idar.~____.____-- ___. VaII~.. Maryland 2lfl&5+f20? ff The p~lca et any xaralca-.nnCran Ixnok included in BtaRmauMRua at Lease Skmintt, Chg~4rl4e'nlll Ue 7nCludad in Ilia Grass Gapila0zed 0ost and wiR be 4Ubjaetta ie01' Gb3rda8. _r. .. .. ,nwr ue Corn raft SPlA! Pd 1Y7iun, ~4,~me Yamd ____~.._~. ra abCM[i W.,W,__...~. ___».._. Pend dee66 CIFy Stau liP Copt-: ARE NOTICES TD LESSEE(S}u ~ T } CAll710N- IT IS IMPORTANT THAT 1 THDRDUGHLY REAP THIS AGREEMENT BEFORE iSIGN tT. {{2} k WI61: NOT SIGN THI$ AGREEMENT BEfORE 1 R~AD 007H SIDES Of IT OR IF IT CONTAINS ANY SUNK SPACES TD BE FILLED IN. {3} I AM ENTITEED TO AN EJLACT COPY Of THE LEASE 1 SIGN. 1 WILL KEEP !f TD PROTECT MY LEflAt RIGHTS. BY SIGNING BELOW, !ACKNOWLEDGE THAT I HAVE READ BOTH SIDES ANp RECEIVEDACOMPLETEOCOPYDFTHISLEASEAGREEMENT. - WARNING-UNLESS A CHARGE 151NOtUOED IN TNIS AGREEMENT FOR PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, NONE IS PROVIDED DY LESSOR. .. BY SIGNING BELOW, YOU ACKNOWLEDGE TMAT YOU NAVE READ ANpTTECEIVED A COMPLETED GDPY OF THIS LEASE AGREEMENT. G.':;3Sti ._._. _.. ...._.....__ .. . U": _. TITLE: _..., _.__..._:. _...._.... l'cSSFF ._.__.. _.._. _. _:.. .. ,,. ...._ _..._ BY: ........_ .... .....____..___. 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TERMSAND CONDITIONS {.6lldiN FC7 AHFC AkAEFtlCAN HONDA FINANGECOfiPC}NAI~tC~N RnrWYVY ,....a..,o-..:,,..>m..~nxwawuv,aw,anu l hFaF isx} J MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 21.2007 SUBJECT: AGENDA ITEM 9.A -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 RECONSIDERATION OF CONDITIONAL USE APPROVAL/EBENEZER WESLEYAN METHODIST CHURCH ITEM BEFORE COMMISSION The action requested of the City Commission is the amendment of a condition required with the conditional use approval for Ebenezer Wesleyan Methodist Church. BACKGROUND EbenezerWesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW 2nd Street. At its meeting of May 3, 2005, the City Commission approved the conditional use request to allow the construction of a new 6,575 sq. ft. sanctuary, at the northwest comer of SW 6th Avenue and SW 2nd Street and construction of an off-site parking lot at the northeast corner of SW 6th Avenue and SW 2nd Street. An extension request was subsequently granted by the City Commission on April 23, 2007, extending the conditional use approval to November 3, 2008. The request before the City Commission seeks the elimination of the following condition of approval: "That the existing church facility be retained as a support facility to the Ebeuezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility". The conditional use approval allowed for the construction of a 214-seat sanctuary which required 72 parking spaces (one space per three seats). A total of 73 parking spaces were proposed (51 spaces to be located on the west side of SW 6th Avenue and 22 spaces in the off-site parking lot located on the east side of SW 6th Avenue). With the new construction, the proposed off-site parking lot (located at the northeast corner of SW 2nd Street and SW 6th Avenue) which historically served as an overflow parking area for the existing church would no longer be available. Concerns were raised regarding the ability of the existing church to provide adequate parking if the facility was sold to a separate entity having similar meeting and service times. Thus, the above noted condition was added in order to ensure that the conditional use approval would not negatively impact the surrounding neighborhood by creating illegal parking on adjacent roadways and throughout the neighborhood. While the church has received site plan approval, to date construction has not begun. In the letter of request the Church states "Due to the fiuaacial crisis that the church is experiencing in securing a loan to construct the new church facility. We are requesting that the existing conditional use approval be reconsidered to allow our church zo sell the existing building including Lots 46, 47, 48, 49, SQ 51, and 52 Block I5. " In conjunction with this request, the Church proposes to combine by a unity of title the existing church building site with a 131.27' x 156' vacant parcel (Lots 46, 47, 48, 49, 50, 51, and 52 Block 15), located at the southwest corner of SW 6th Avenue and SW 2nd Street. Combining both sites as a unified parcel will replace the loss of the overt7ow parking area and ensure the accommodation of additional parking for the existing church site. It should be noted by the Church and any future purchaser of the site that pursuant to LDR Section 4.69(D)(8) all parking is to occur on an improved surface requiring construction of the parking lot prior to the occupancy of the existing building. RECOMMENDATION Move approval of the request to eliminate the above noted condition of approval for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to the condition noted below: 1. That the unity of title must be recorded prior to the sale of the existing church site. Attachments: . Site location exhibit . Applicant's request letter . Executed Unity of Title . City Commission Documentation dated May 3, 2005. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA AMENDMENT TO THECONDITIONAL USE APPROVAL FOR EBENEZER WESLEYAN METHODIST CHURCH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This amendment to the conditional use approval granted on May 3, 2005, has come before the City Commission on January 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the amendment of the conditional use approval for Ebenezer Wesleyan Church. The Applicant has requested the elimination of the following condition: That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No I1. LDR REQUIREMENTS: a. LDR Section 2.4.SIE) Required Findings: (Conditional Usel: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the amendment to the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. 1Nill Section 2.4.5(E)(5) be met with the removal of the condition That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility. and the addition of the following condition? 1. That the unity of title must be recorded prior to the sale of the existing church site. Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the amendment to the conditional use approval subject to the condition that the unity of title must be recorded prior to the sale of the existing church site and hereby adopts this Order this 3'tl day of January, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 STADIUM N0. A T L A N T I C POLICE COMPLEX SOUTH COUNTY COURT HOUSE MERR/TT PARK JRV li ~ ®®N 3 N S. W. 3E2D CT. I S. W. CIRCLE DJ i~~~~ NORTH HAITIAN CITY OF N EBENEZER WESLEYAN METHODIST CHURCH ~~ 1. NEW SANCTUARY SITE FOR EBENEZER 3. E%15-NG LOCATION FOR EBENEZER CHURCH CITY OF OEUiAY BEACH, FL p. ryEW OFF-SITE PAPo(INO LOT FOR NEW CHURCH t, VACANT PARCELS OWNED RY EBENEZER PLANNING & ZONING DEPARTMDlT TO BE UED TO E%IS-NG CHURCH SITE -- 0/G/lAL 445E ENP SYSTEA/ -- A V E N U E MAP REF: 5:\Plannfng k Zoning\0BN5\Fle-Cad\Z-lAl 500-1000\FDenxer Wesleyan MetFO015t Cnurcn ~~.iae~v 2Geo-l,~r~v~/~zodr,~ ~t~, ~n~ 201 S.W. 6th Avenue Delray Beach, Florida 33444 Bishop R.L. Howard, Sr. (561) 272-8837 (561) 272-9018 Pastor ~~~~~~~ DEC 1 7 2007 D December 17, 2007 PLANNING & ZONING To: Mr. Paul Dorling City Of Delray Beach Planning And Zoning Due to the existing financial crisis, our church is experiencing difficulty in securing a loan to construct our new church facility Therefore, we are requesting that the existing conditional approval be reconsidered to allow our church to sell the existing building Kf x'~~...~- S~ fiiy; including lots 46-47-48-4k,block 15, which will address parking. Sincerely, Rev. R. L, oward RLH/vs PREPARED BY AND RETURN TO: DOAK S. CAMPBELL, III, ESQ. 7V Southeast 4th Avenue Delray Heach, FL 33483 DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances ofthe City of Delray Beach pertaining to the issuance of building permits and regulating building construction activities and setbacks, the undersigned, being the fee owner ofthe following described real property situated in the City of Delray Beach, County of Palm Beach, State of Florida, to-wit: _Lots 46, 47, 48, 49, 50, 51, and 52, Block 15 and Lot 13, Subdivision of Block 23, Replat, Town of Delray (formerly Linton) according to the Plat Recorded in Plai Rook 13 at page 18 of the public records of Palm Beach County, Florida. do hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a Declaration of Unity of Title, as to the following particulars: 1. That the aforesaid plots or combination of separate lots, plots, pazcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declazed to be unified under one title as an indivisible budding site for the purpose of use as pazcel for Church and attendant pazking. 2. That the said property shall henceforth be considered as one plat or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised sepazately except in its entirety as one plot or pazcel of land. The undersigned further agrees thatthis Declaration of Unity of Title shall wnstitute a covenant to run with the land, as provided by law, and shatl be binding upon the undersigned, its successors and assigns, and all parties claiming under urrtil such time as the same may be released in writing under the order of the Chief Building Official of the City of Delray Beach as provided in Section 7.1.3 of the Land Development Regulations of the code of Ordinances ofthe City of Delray Beach, Fl. If the release is not given by the Chief Building Officio], an appeal from such determination may be taken to the Boazd of Adjustment. The undersigned also agree(s) that this instrument shall be placed of record in the office ofthe Clerk of the Circuit Court of Pahn Beach County, Florida. Signed, sealed, witnesses and aclmowledged this ~ day of Nov., 2007, at Defray Beach, Florida. Witnesses: EBENEZER WESLEYAN METHODIST CHURCH, INC. ~~ `,e.,~ _.._. ~•~' °1~ / By: R. ~~u ~^ ~UV`-~^- Its: P actor STATE OF FLORIDA COUNTY OF PALM BEACH ~/ I HEREBY CERTIFY that on this /~ day of het., 2007, before me personally appeared R.L.Howard, President and Pastor of EBENEZER WESLEYAN METHODIST CHURCH, INC. to me ]mown to be the person described in and who executed the foregoing instrument and he aclarowledged to me the execution thereof to be his free act and deed for the uses and purposes herein mentioned. He presented a Driver's License as identiScation. WITNESS my signature and official seal at Delray Beach in the County and State aforesaid. Notary Public -~~ My commission expires: ~'~'=U., Doak S. Campbell III. Commission # DD431261 NAB. Expires June 21, 20D9 P;;\ eeroeetmr.m.~~~.~w. i~. eoa~asio+s SUBJECT: Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6d' Avenue and SW 2nd Street. The church is seeking to relocate its facility to the northwest comer of SW 6"' Avenue and SW 2"d Street and construct an off-site parking lot at the northeast corner of SW 6~' Avenue and SW 2"d Street. The properties are currently vacant, however the parcel located on the east side of SW 6`^ Avenue is being utilized as an overflow parking area for the existing church. The conditional request before the Board involves the construction of a 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; construction of a 51-space parking lot adjacent to the new sanctuary building and a 22-space off- site parking lot on the east side ofBW 6"' Avenue; along with the installation of attendant landscaping. At its meeting of April 18, 2005; the Planning and Zoning Board held a public hearing. in. conjunction with the conditional use request. Presentations were made by staff and the applicant. Thee Board expressed concern over the disposition of the existing facilely given the limited parking in the area and the elimination of the existing overflow parking with the development of this site. To address this concern they conditioned the approval on the existing site being utilized by the new church as a support. facility for a minimum of six (6) months after the certificate of occupancy on the new building. After the six months establishment of a new church in the existing facility would require a new Conditional Use request which would require the provision of adequate parking. After discussion, the Boatel voted (7-0) in favor of the Conditional Use request based upon findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5), and Chapter.3 of the Land Development Regulations, subject to the conditions contained in the staff report with conditions #'s 2, 3 and 6 being mod~ed as noted below: 2. That the seating capacity is limited to 214 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the north side of the driveway. _;,~ - Move approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report and as modified herein. Attachment: P & Z Staff Report and Documentation of Aprif 18, 2005 MEETING OF MAY 3, 2005 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: ---STAFF REPORT--- Aprit 18, 2005 IV. A. Conditional Use Request to Allow the Relocation and Establishment of a Church, Ebenezer Wesleyan Methodist Church (Quasitiludicial Hearing). Owner/Applicant .... ................... .. Applicant ...................°---- - -- - Location-°°- -- ...................:........ Property Size .................:.-..----- Future Land Use Map ...... .:....... Current Zoning ...........................: Adjacent Zoning :...........:...North: East: West: South: Existing Land Use ................ Proposed Land- Use ................. Water Service....-.-----°-----° Sewer Service ...................°----.... Ebenezer Wesleyan Methodist Church Karih Mannchen Located on the east and west sides of SW 6m Avenue, north of SW 2nd Street 1:19 Acres MD (Medium Density, 5 - 12 Du/Acre) RM (Medium Density Residential) RM RM RM R-1-A (Single Family Residential) Vacant Construct a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats and a total of 73 parking spaces- Availabfe via connection to an existing 6" water main along SW 2n0 Street. Available via connection to an existing 8" sewer sanitary. along SW 6"' Avenue. xrr. ®LW-~J STA DON ~~~® FIR£ MOC z~i ; NO: I A T L A N T I C A V E N U E - sT iW. BSI -K LIU. - ST. Sw. ® SL ~® S w ST s.w sm sT IV. A. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval associated with the relocation and establishment of Ebenezer Wesleyan Methodist Church, pursuant to Section 2.4.5(E). The subject property is located on the east and west sides of SW 6d' Avenue, north of SW 2nd Street. Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW Znd Street. The church is seeking to .relocate its facility to the northwest corner of SW 6d' Avenue and SW 2nd Street and will include an off-site parking lot on-the east side of SW 6d' Avenue. The subject property is 1.19 acres which includes several parcelswithin Block 14 (west side of SW 6"' Avenue) and one parcel within Block 22 (east side of SW 6d' Avenue), Town of Delray Plat. The properties are currently vacant, however the. parcel located on the east side of SW 6°i Avenue is being utilized as an overflow parking area for the existing church (south of SW 2n° Street). The subject property is located within the Southwest Area Neighborhood Redevelopment Plan area. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003 and establishes a blueprint for the revitalization and stabilization of the area- The conditional request before the Board involves the construction of a new 214 seat sanctuary and the construction of seventy-three (73) parking spaces with attendant landscaping. The development proposal includes the following: - Construction of a new 6,575 sq. ft. sanctuary with. a seating capacity of 21.4 seats; - Construction of a 51-space parking lot adjacent to the new sanctuary building and, a 22- space off-site parking lot on the east side of SW 6"' Avenue; and - Installation of attendant landscaping. REQUIRED FINDINGS IChapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findfngs shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Boars staff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 units per acre) and is zoned RM (Medium Density Residential), thus the zoning is consistent with the FLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Conceptual drainage plans have not been submitted_ However, there are no anticipated concerns with providing on-site stormwater drainage, which can be accommodated with retention areas around the perimeter of the site and the .building.. At this time, there are no problems anticipated in complying with South Florida Water Management District or Lake Worth. Drainage District requirements. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 6,575 square. foot building at 1.6 `IbsJsq. ft. per year wip be approximately 5.26 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Streets and Traffic. A traffic statement has been submitted indicating that the proposed church facility will generate 64 vehiGe trips dudng an average weekday. The use will generate approximately 82 tdps on Sunday. A peak hour distribution of the Sunday trips has been submitted representing an additional 5 trips during the P.M. and A.M. peak hours. Water and Sewer: The applicant has not submitted preliminary water and sewer plans however, the following is noted: Water service is available via service lateral connections to an existing 6" water main along the north right-of-way of SW 2nd Street. Two (2) fire hydrants presently exist on the north side of SW 2"d Street: at the SW 6d' Avenue intersection, at the SW 7N Avenue intersection. Sewer service Is available via service lateral connections to an existing 8" sanitary sewer main within the SW 6d' Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive Findings can be made with respect to this level of service standard. Planning and Zoning Board ~.aff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 3 Schools School concurrency findings do not apply for non-residential uses- Thus, the proposed development will not have an impact with respect to this level of service. standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is approptiate and complies in terms of soil,'topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The church has existed within the community for several years without any known negative impacts. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. The proposed facility will accommodate 214 seats which will require 72 parking spaces. (one space per three seats). A total of 73 parking spaces are proposed (Si spaces to be located on'the westside of SW 6"' Avenue and 22 spaces in the off-site parking lot located on the east side of SIN 6~' Avenue). While the new facility will accommodate the parking needs generated by its-use, concerns are raised with respect to the re-use of the existing church facility and the .facilities combined impact on the neighborhood. The existing church facility has a seating capacity of 140 seats which under current regulations would require the provision of 47-parking spaces. Cun-entty, 11 paved parking spaces exists which results in a deficiency of 36 spaces. The overflow parking needs are now accommodated on the vacant parcels owned by the church located to the north and west of the existing church faality. The parcel to the north is now proposed for additional development and will no longer be available for utilization. With the construction of a new facility, the potential for a serious parking shortage exists if the existing church facility is sold to a separate entity having similar meeting and service times. This would have negative impacts on the surrounding neighborhood resulting in illegal parking on adjacent roadways and into the neighborhood. Future Land Use Element Policv G1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate-95 on the west, and Swinton Avenue on the east- Planning and Zoning BOaf~ ,tall Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 4 Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard 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 Redevelopment Plan is divided into 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 #5. Sub-area #5 is identified as `inftll area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches,. the Redevelopment Plan does note increased faith community involvement as an essential ingredient to improve livability: Based upon the above, a positive finding- can be made with respect to- Future- Land Use Element Policy C-1.7, as increased faith community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land tlse ElemenEPolicv C-4.2: The "Downtown Delray Beach Master-Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the GBD. The Plan addresses a wide range of issues including infi4 development, .neighborhood parks, shared < parking, public art, the roadway '-and alleyway systems, marketing/economic development, and the need to modify the. Land Development Regulationsto include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since July 2000 (east site) and March 2002 (west site) and should have been identified as a part of the church's campus/holdings and therefore available for expansion of the church's facility. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that fulfills the goals and objectives of the Downtown Delray Beach Master Plan. Planning and Zoning Board ~.eff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 5 Housing Element PolTcv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby. neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that. a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Ebenezer Wesleyan Methodist Church has existed at the southeast corner of SW 6"' Avenue and SW 2"d Street since 1952. The existing 2,193 sq. ft. sanctuary currently accommodates a seating capacity of 140 seats. The applicant has indicated that the church has outgrown its current facility and proposes to construct a larger facility at the northwest intersection of SW 6~" Avenue and SW 2nd Street. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on-the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the. neighborhood. As stated above while the new facility will accommodate the parking needs .generated by its use, concerns are noted with respect to the potential negative impacts on the neighborhood if-the existing church facility was sold. to another religious entity. The ideal situation would. be that the existing facility serves as a fellowship hall for the existing congregation thereby not creating additionalimpact_ Due to the nature of this. proposed use and the fact that there is another church within 300 feet (410 SW 2nd Street) which may have similar hours for worship services and activities, the potential for some traffic congestion along SW 2nd Street may exist. This situation would be further exasperated if the existing church facility is utilized by another religious entity.. To ensure that there will not be any detrimental impact on the neighborhood, approval of;the new sanctuary should be conditioned that the existing church be retained as a support facility such as a fellowship hall for Ebenezer Wesleyan Methodist Church or if it is sold as an independent facility additional properties would have to be obtained to accommodate its parking needs. LDR SECTION 2.4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning and Zoning Boarc, ,,tall Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 6 Zonin Desi nation: Use: /North: RM Medium Densi Residential Sin le Famil Residence/Du lex South: R-1-A (Single Family Residential) Existing Church and Vacant a~cel East: RM Medium Densit Residential Sin le Famil ResidencelDu tex West: RM (Medium Density Residential) City Lift Station Facility /Duplex Residences The church has existed for some time and there have been no known conflicts with the surrounding neighborhood to indicate that the church had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. While the proposed relocation of the church facility should not have a detrimental impact on the neighborhood, items of concerns are noted with respect to the availability of parking and potential traffic corigestion if the existing facility is maintained as an independent church facility. Compatibility with the adjacent properties, specifically with the residences to the horth and west ofthe main site and to the north and east for the off-site parking area cah be'ehhanced through the installation of landscaping. Pursuant to LDR Section 4.6.16(H)(3)(e) the perimeter buffer requirement is increased to allow that 1 tree be planted every twenty-five (25) feet to form a solid tree line where any commercial or industrial areas abut a residehtial zohing district or:properties in residential use: However, with the conditional use request, conditions can be imposed which- exceed the standard code requirements. ih addition to the solid tree line, a continuous hedge at least 4 '/z feet in height at the'time of ihstallation should be provided and is noted as a condition of approval. Further if the potential negative impacts associated with traffic are mitigated as previously noted, approval should not negatively affect the neighborhood. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the sun-ounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE-WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request, a sketch plan was submitted and has beeh reviewed by staff. If the conditional use is. approved, a full site plan submittal complying with LDR Section 2.4:3 will be required- Based upon staff's review of the sketch plan, the following analysis is provided: Buildino Setbacks: Pursuant to LDR Section 4.3.4(K), within the RM zone district, the minimum building setback requirements are: 25' in the front, side (street) and rear; 15 in the side interior for a 1 and 2 story building. The development proposal meets the minimum building setback requirements. Parking Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on Planning and Zoning Board ....,ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 7 the church property such as Sunday School, Day Care, or Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. The site data indicates that the new sanctuary will have 214 seats. Based upon the above, 72 parking spaces are required and 73 spaces are provided. However, modifications may have to be made to the driveways which will result in the loss of two parking spaces. However, the parking requirement will be met if the seating capacity is reduced from 214 to 213 seats. Compact Parking: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twenty-one (21) compact parking spaces. This represents approximately 29% of the total spaces, thus meeting the requirement. BuilBing Height The proposed-structure will have a building height of 21 feet to the center. of roof. The maximum height in the RM zoning district is 35 feet. Therefore this requirement is met. Ogen Space Pursuant to LDR Section 4.3.4(K), the minimum open space in the. RM zone district is 25% . The conceptual plan indicates that 35% open space. will be provided. Other Items Stackino Distance: Pursuant to LDR Section 4.6.9{D)(3)(c)(1), the minimum distance between a dght-of-way and first parking space or aisleway in a parkingiotshall be 50' for parking areas that contain 51 or more parking spaces; 20' for parking areas that contain 21 to 50 parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces.. While the required stacking distance is met for the parking lot located on the east side of SW 6~ Avenue, none of the eritranceways for the lot located on the west side provide the required stacking,distance_ The applicant has submitted a waiver request to reduce the required stacking distances. As multiple entrances are provided. the waiver is supportable. Waiver Anafysis: Pursuant to LDR Section 2.4.7(6)_(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area.; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe. situation; or (d} Does not result in the grant of a special .privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Planning and Zoning Boaro ..tall Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 8 The stacking distances at the entranceways to the church site are 5' (northernmost driveway on SW 6d' Avenue); 13' (south driveway on SW 6`b Avenue) and 23' for the driveway on SW 2nd Street. The provision of the required 50' stacking distance at all entrahces would require the elimination of several parking spaces. Although there are multiple driveways; as it is antiapated heavy utilization of the northern entrance will occur on a regular basis, it would be appropriate to require additional stacking at this entrance. A minimum stacking distance of 20' should be provided. A waiver to less than 20 feet will adversely affect the neighboring area and has the potential to create backups onto the adjacent rights-of-way and affect the delivery of public services. The 20' stacking distance could be accommodated by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. With the reduction of two spaces, the total-number of parking spaces are below 50 which would reduce the stacking requirement for each entry to 20 feet eliminating the need for waivers for the southwest driveway (23 feet provided) nor the modified northeast driveway (20' provided). However, the lost of two parking spaces will. require a reduction in the seating capacity from 214 to 213 seats (71 spaces x 3 = 213 seats)- Under this scenario, only one waiver for the southernmost aisleway to 13 feet would be required. It is appropriate to support the waiver given the number of driveways to the site. The reduction will not resul4 in the creation of an unsafe situation with respect to public safety. Further, the waiver will not adverselyaffect the neighboring area, and will not. affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LDR Section 2.4.~(B) (5) can be made. Right-of-Wav Dedication: Pursuant to LDR Sections 5.3.1. (A) and (D), the following table describes the required rights-of-way and the existing rights-vf-way adjacent to the subject property: Ri ht~f-Wa Re uired Existin Pro osed Re wired Dedication SW 6 Avenue 60' 50' 50" 0' S1N 2 Street 60` 50' S0' 0' Pursuant to LDR Section 5.3.1(D)(4), a reduction in` the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and recommended the reduction of rights-of-way for SW 6"' Avenue and SW 2"d Street to the existing 50' widths. Underorounding of Utilities: Pursuant to LDR Section 6.1.13, utility facilities serving the development shall be located underground throughout the development. Given the proposed development of the property, it is appropriate to require the under grounding of these utilities including those distribution lines and service lines at this time and is attached as a condition of approval. Planning and Zoning Board ~.aff Report ' Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 9 Community Redevelopment Agency: The Community Redevelopment Agency considered the conditional use request at its meeting on April 14, 2005 and recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: D PROD (Progressive Residents of ^ Ebony of Delray HOA Delray) ^ Merritt Park HOA ^ Presidents Council ^ Allamanda Gardens Public Notice: Formal public notice has been provided to.property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting: The conditional use request is to construct a new 6,575 square foot sanctuary to accommodate a seating capacity of 214. Concerris with respect fo the reuse of the existing sanctuary and the potential negative impacts on parking and traffic congestion would be avoided if the existing building is retained as support facilities by the church. The proposed conditional use is consistent with. the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concems noted herein are addressed with the submittal of the site plan. A. Continue with direction. B. Move a recommendation of approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Planning and Zoning Boarc..,taff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 10 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request for .Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4:5(E) (5), and Chapter 3 of the Land Development Regulations. Recommend approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5), and Chapter 3 of the Land Development Regulations, subject to conditions. 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and. technical items contained within this report and attached. as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan fviethodist Church. 4. That the existing overhead distribution and proposed service utility lines are placed under ground. 5. That one (1) tree be planted everytwenty-five (25) feet to form a solid tree line and a continuous hedge 4'/z feet in height at the time of installation be installed within he landscape perimeterbuffer areas adjacent to the residential use areas i_e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eljminating one parking space on the south aide of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site. A revised Unity of Title between the off-site parking area and the main site shalt be recorded. By Separate Motion: Waiver 1. Recommend that the City Commission approve a waiver to 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for the driveway from 20' to 13' based on positive findings with respect to 2.4.7(6)(5), Waiver Findings. Attachment: LDR Seclion southernmost LDR Section ^ Appendix "A" ^ Sketch Plan ^ Building Elevations ^ Floor Plan Planning and Zoning Board ....,ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 11 APPENDIX "A" 1. Sign location should be indicated. 2. A minimum separation of 5 feet is required between the building and the handicap parking spaces on the west side of the building. 3. Site lighting is required pursuant to LDR Section 4.6.8. and is to be noted on the site plan. 4. A hood suppression system will be required if there are any cooking appliances in the kitchen. la r ~ 4 [ [ [ aaa ~ _ a r z ~ - _ R F o j e q 3 _ ~ P e . F r .. C ~ Y ^ [o ' Y .~. A _ b b . . ~ ~ ° b> A # ~ ~~j ~ ~ g Y • F Y R F ~ ° 5 I S II Y t YtlK~MT asd. ~r4.: C ~ lY 'Y ~ 1 xr. u-v . a,,vsuswu ~, I ~ m_r. v-e- -' lRlllp NFN 4EST&llE FLWR PLAN 1~8-.` t-~.. _. ~~ 0 r ;~: ~~~ ~...__ LL >~ ~;i ~ ~ v--, r--rr ~.~~ ~ ~~~~~ \,_ o Z ~t w' N W ~1 ©~ F W I~l N O`` GI >I W N 3 J MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David Harden, City Manager DATE: December 21, 2007 SUBJECT: AGENDA ITEM 9.B -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 WAIVER REQUEST/ LA CIGALE RESTAURANT/.S.E 6TH AVENUE ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Land Development Regulations Section 4.6.7(H) (3) (a) (2), pursuant to the request by the agent for the La Cigale Restaurane, located at 253 SE 5th Avenue. BACKGROUND La Cigale is located on South Federal Highway, and recently completed a renovation expanding their parking Lot to provide access from SE 6th Avenue. The restaurant has three (3) flag poles at the main entrance on SE 5th Avenue. Two poles are 20-ft high and one is 25-ft high; they are made of aluminum and are located behind the free standing sign. On November 14, 2007, the applicant requested Site Plan Review & Appearance Board (SPRAB) consideration for a waiver to the Sign Code LDR Section 4.6.7(H)(3)(a)(2), which limits the number of flags to no more than three (3) for any parcel or development less than one acre in size zoned and used for non-residential purposes. The agent is requesting approval to erect three (3) additional flag poles on the SE 6th Avenue access to duplicate the visual appearance in place on the SE 5th Avenue access. Their position is that additional flags will result in a more symmetrical appearance to the property; only three (3) flags will be visible at any time as the property faces two one-way streets, and that the location is unique and out of the ordinary. SPRAB voted 5-1 supporting the applicant's request. Staff does not support the waiver request since the owner has options to relocate existing flags that could achieve the same results in compliance to the LDR requirements, regulating the maximum number of signs for parcels and developments. Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make a finding of facC based on one of the following: The granting of a waiver shall not adversely affect the neighboring area, Shall not significantly diminish the provision of public facilities, Shall not create an unsafe situation, and Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. FUNDING SOURCE None required RECOMMENDATION Staff recommends City Commission deny the waiver request to Section 4.6.7(H)(3)(a)(2) of the LDR's pursuant to findings governed under Section 2.4.7(B) (5), as granting this waiver has the appearance of granting a special privilege that may not be granted under similar circumstances on other properties. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LA CIGALE RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on January 3, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for La Cigale Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: LDR Section 4.6.7(H)(3)(a)(2) provides that no more than 3 flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non- residential purposes. The Applicant currently has 3 flags on the property. The Applicant has requested a waiver from this requirement to place 3 additional flags on the property. 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. Does the waiver request meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.8.7(H)(3)(a)(2) regarding flags, subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rtl day of January, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 Project Name: La Cigale a Taste of the Mediterranean Project Location: 253 SE 5th Avenue Agent: Jason S. Mankoff, Weiner & Aronson, P.A. Attorneys at Law ITEM BEFORE THE BOARD The item before the Board is for SPRAB's support of a waiver to the Sign Code to allow three (3) additional flags for La Cigale a Taste of the Mediterranean restaurant. BACKGROUND La Cigale a Taste of the Mediterranean, 253 SE 5th Ave. is located on south bound Federal Hwy. With the completion of their parking lot expansion, the property now extends through to north bound Federal Hwy on SE 6th Ave. The restaurant placed three (3) flag poles at their main entrance on SE 5th Avenue, and the agent for the owner is requesting consideration to place three (3) additional flag poles at the entrance on SE 6th Avenue, bringing the total to six (6) flag poles on the property. The proposed flag poles will be identical to the poles installed on SE 5th Avenue. Two poles will be 20-FT high and one at 25-FT high. They will be made of aluminum and placed behind the free standing sign on SE 6th Ave. Exempt Signs. LDR Section 4.6.7(H)(3)(a)(2) Flaas, of the Sign Code states, "No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes". The applicant states that the addition of three (3) more flags on SE 6th Ave will result in a more symmetrical appearance to the property; that only three (3) flags will be visible at any time as the property faces two one-way streets, therefore visibility is compromised by the location; and that the location is unique and out of the ordinary. Waivers under LDR Section 2.4.7(8)(5) Findinos, states the granting body shall make findings that, "(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 that the same waiver would be granted under similar circumstances on other property for another applicant or owner". If the Board supports the request for a waiver to the Sign Code, the bases for their recommendation will be forwarded on to the City Commission for final approval. Meeting Date: Nov. 14, 2007 Agenda Item: III.A. ALTERNATIVE ACTION 1. Deny the request from La Cigale, 253 SE 5th Ave, to support a waiver to the Sign Code LDR Section 4.6.7(H)(3)(a)(2), Flags, which states that no more than three (3) flags may be placed on any parcel less than one acre in size & zoned non-residential, based on failure to make positive findings as stated in LDR Section 2.4.7(6)(5). 2. Support the request from La Cigale, 253 SE 5th Ave, for a waiver to the LDR Section 4.6.7(H)(3)(a)(2), Flags, which states that no more than three (3) flags may be placed on any parcel or development less than one acre, to be presented before the City Commission with a recommendation stating the reason for supporting the waiver. RECOMMENDATIONS The Sign Code provides that no more than three (3) flags poles may be placed on any parcel or development less than one acre in size which is zoned and used for non-residential proposed. Staff recommends denial of the waver request as it may result in a special privilege and set a precedent that the same privilege must be extended to other business for similar reasons. Meeting Date: Nov. 14, 2007 Agenda Item: III.A. ~„ J MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: December 21, 2007 SUBJECT: AGENDA ITEM 9.C_r..REGULAR COMMISSION MEETING OF JANUARY 3, 2005 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM.OF AGREEMENT/POLICE BENEVOLENT ASSOCIATION ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement and Memorandum of Agreement with the Police Benevolent Association (PBA). BACKGROUND The attached one-year labor agreement and the Memorandum of Agreement have been ratified by the PBA. This agreement duration is from the date of ratification through September 30, 2008, and provides major changes in the following areas: Wages Provides fora ] 0-Step Pay Plan with 5% step movement. Uniform Allowance Provides an additional $100 per year for employees who require the use of civilian attire. Bereavement Leave Provides two additional leave days to attend funerals out of State. Comprehensive Alcohol and Drug Abuse Policy Allows random testing for alcohol and/or controlled/illicit drugs using a U.S. Department of Transportation (DOT) approved random selection computer program. Sick and Vacation Pay-Out Accruals Eliminated contribution to the 401 H and Vantage Care Retirement Savings Plan at retirement. Take Home Vehicle Plan Provides take home vehicles to employees after probationary period; vehicles to employees who reside within Palm Beach or Broward Counties; and $15 per pay period reimbursement to the City for auto related expenses if the employee resides beyond a IS-mile radius. The separate Memorandum of Agreement provides for lump sum bonuses to employees who reached or were at the maximum salary range between October 1, 2007 and the ratification date of the new contract. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement and Memorandum of Agreement with the Police Benevolent Association (PBA). COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association Ratification -September 30, 2008 POLICE OFFICERS AND SERGEANTS CITY OF DELRAY AND POLICE, [BENEVOLENT ASSOC. CONTRACT 2007 - 2008 TABLE OF CONTENTS Paae Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article 4 P.B.A. Business 6 Article 5 Labor-Management Committee 9 Article 6 Bulletin Boards 11 Article 7 Solicitation of or by Employees 12 Article 8 Management Rights 14 Article 9 Hours of Work and Overtime 20 Article 10 Wages 27 Article 11 Hospitalization Insurance 32 Article 12 Pension Plan Matters 35 Article 13 Holidays 36 Article 14 Vacation 40 Article 15 Sick Leave 44 Article 16 Leaves of Absence With Pay 47 Article 17 Leaves of Absence Without Pay 48 Article 18 Bereavement Leave 49 Article 19 Miscellaneous Considerations 50 Article 20 Nepotism 52 Article 21 New Employee Agreements 53 Article 22 Probationary Period -New Employees 54 Article 23 Probationary Period -Promoted Employees 55 Article 24 Seniority 57 Article 25 Promotions 61 Exhibit A Promotion in the Police Department 63 Article 26 Physical Fitness 65 Article 27 Outside Employment 67 Article 28 Resignation 69 Article 29 Non-Applicability of Civil Service Act and Civil Service Rules and Regulations 71 Article 30 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Empl. 72 Article 31 Damage to City Property 80 CITY OF DELRAY AND POLICE RF.NF.VOLENT ASSOC. CONTRACT 2007 -2008 Article 32 Discipline 82 Article 33 Absence Without Leave 87 Article 34 Police Bill of Rights 88 Article 35 No Strike 89 Article 36 Personnel Documents 91 Article 37 Uniform Allowance 92 Article 38 Disability Insurance 93 Article 39 Sick and Vacation Pay-out Accruals 94 Article 40 Take Home Vehicle Plan 95 Article 41 Grievance Procedures 96 Article 42 Workers' Compensation 107 Article 43 Retiree Insurance 108 Article 44 Contract Constitutes Entire Agreement of the Parties 109 Article 45 Severability and Waiver 111 Article 46 Duration, Modifications, and Termination 112 Article 47 Amendments 113 Article 48 Execution of Agreement 114 CI'!Y Of' DELRAY BEACH & POLICF. BENEVOLENT ASSOCIATION CONTRACT 2007-2008 nrav r.~. n This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereinafter referred to as "City", and the Police Benevolent Association, hereinafter referred to as the "P.B.A.", for the purpose of promoting harmonious relations between the City and the bargaining unit represented by the P.B.A., hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 1 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes the Police Benevolent Association (the P.B.A.) as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment. Section 2 The bargaining unit represented by the P.B.A. under this Agreement shall include all sworn employees of the Police Department within the ranks of police officer and sergeant. Excluded from the bargaining unit shall be all non-sworn employees of the Police Department, the Chief of Police, majors, captains, and lieutenants. Section 3 Correspondence, communications, or notices required by law or otherwise pertaining to bargaining unit members' wages, hours and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road Attention: General Counsel 2 CITY OF DELRAY BEACH & POI,ICL BL-NFVOLGNT ASSOCIATION CONTRACT 2007-2008 ARTICLE 2 DUES CHECK OFF Employees of the bargaining unit may make arrangements with the City for a payroll deduction of P.B-A. dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subject employee's compensation and remit the amount deducted to the P.B.A. The P-B-A. agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments, or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the P.B.A. The P.B.A. further agrees to refund to the City any amounts paid to the P.B.A. in error, upon presentation of proper evidence thereof. 3 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the P.B.A. in all matters requiring mutual consent or other official action called for by this Agreement. The P.B.A. agrees to notify the City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefore during the term of this Agreement. Section 2 The P.B.A. likewise agrees that during the term of this Agreement, the P.B.A. and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action- Section 3 The P.B.A. may designate four (4) general representatives and one (1) chief representative, in addition to its attorney, whose right it shall be to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation. Should there be a change in the membership population, the ratio of general representatives to sworn officers shall be 1:90. 9 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATfON CONTRACT 2007-2008 Notice by the City to the chief representative, or to his designee in the absence of the chief representative, shall be notice to all representatives, c/o the Delray Beach Police Department address. Employees shall retain the option of proceeding individually or being represented by a person of their own choosing. 5 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 4 P.B.A. BUSINESS °--~--- ' Employees who are P.B.A. officials or their designees may be permitted by the Police Chief or his designee to swap an unlimited, but reasonable, number of shifts during the contract year(s) to conduct P.B.A. business, provided a written request is submitted at least seventy-two (72) hours prior to the time- off period, and provided such request is approved by the Police Chief or his designee, such approval not to be unreasonably withheld. No additional overtime shall be paid to employees of the bargaining unit as a result of such swapping of shifts, notwithstanding the provisions as set forth in Article 9 of this contract. All such swapping of shifts must be completed within a six (6) month period of time. All such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such shift swapping. Section 2 A P.B.A. Time Pool shall be established on the basis of each P.B.A. member contributing three (3) straight hours of vacation leave, holiday option time, or compensatory time, to be determined by the employee on how they choose to donate to the pool on an annual basis. Said three (3) hours will be deducted 6 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 from each P.B.A. member's account in the second pay period of October and thereafter placed in the Bargaining Unit Time Pool. No P.B.A. member is exempt from donating said time to the pool when a member has no available hours for the contribution. When a member accumulates appropriate leave time after the annual deduction, the payroll clerk will deduct three (3) straight hours of leave time from vacation leave, holiday option time, or compensatory time bank as soon as hours have been accrued. Section 3 The P.B.A. Time Pool will be charged for all hours during which an elected or appointed P.B.A. official is on an on-duty release to conduct P.B.A. business. Section 4 All requests for the use of the P.B.A. Time Pool shall be submitted by the lead representative of the association or his/her designate to the Chief of Police or his authorized designate at least three (3) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than three (3) days notice. Section 5 At the sole discretion of the Chief of Police, said use of the P.B.A. Time Pool may be denied if the absence of P.B.A. officials creates insufficient manpower to maintain efficiency of operations within the Police Department. 7 CP~Y OF DELRAY BEACH & POLICE BF,NEVOI,ENT ASSOCIATION CONTRACP 2007-2008 Section 6 P.B.A. members, up to a maximum of three (3), shall be permitted to attend contract negotiations on an on-duty status. Bargaining unit members on an off-duty status shall not be carried on an on-duty status for the sessions. In the event that staffing concerns arise regarding a P.B.A. member's assignment conflicting with attending contract negotiations, supervisory approval shall be required prior to attending. A P.B.A. Representative will be afforded a reasonable amount of on-duty time to prepare and assist P.B.A. members in disciplinary actions. Representatives on an off-duty status shall not be carried on an on-duty status for this purpose. In the event that staffing concerns arise regarding a representative's assignment conflicting with the proceedings supervisory approval shall be required beforehand. 8 CITY OE UELRAY BEACFI & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 5 LABOR-MANAGEMENT COMMITTEE ^--~--- ' There shall be a Labor-Management Committee consisting of the following employee-management representatives: (1) Three (3) bargaining unit representatives, as designated by the P.B.A. (2) Three (3) management Police Department employees, as designated by the City Manager. °--''- -- Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance. The party requesting such a meeting shall forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall be determined by the City. Section 3 The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations. The Committee shall not engage in collective bargaining or the resolution of grievances. 9 CITY OF DFLRAY BEACH & POLICE BENF.VOLF.NT ASSOCIATION CONTRACT 2007-2008 The City will endeavor to schedule such committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. The P.B.A. shall submit to the City Manager (or his designee) in advance, and keep current, a list of those bargaining unit members who will be designated for said Committee. 10 CITY OE DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 6 BULLETIN BOARDS The P.B.A. may provide two (2) serviceable, locked and glass-encased bulletin boards in the Police Department building [one (1) at a designated and appropriate location on the first floor and one (1) at a designated and appropriate location on the second floor] for use by the P.B.A. in posting notices of P.B.A. business and activities. All materials posted must be signed by an officer of the P.B.A., who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Police Chief or his designee in advance of such posting. The bulletins, notices, mobile digital computers, Microsoft Outlook, or materials posted shall contain nothing of a political nature (excluding political material relating to P.B.A. elections) and nothing of a derogatory nature toward the City, its elected officials, its officers, or employees, as determined by the City. 11 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police vehicles, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 12 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 13 CITY OF DEL.RAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 8 MANAGEMENT RIGHTS Section 1 The City exclusively reserves and retains all rights, powers, prerogatives and authority customarily exercised by management and held or exercised by the City prior to the certification of the P.B.A., except as limited by law or expressly modified by this Agreement. The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA's right if any to impact bargain, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, -when in its sole discretion it may determine it is advisable to do any or all of the following: 1. To manage and administer the affairs of the City generally. 2. To decide the purpose of each of its constituent agencies. 3. To set standards of service to be offered to the public. 14 CITY OF DELRAY BEACH &. POLICF. HF.NF.VOLENT ASSOC[ATtON CONTRACT 2007-2008 4. To exercise control and discretion over its organization and operation. 5. To direct its employees. 6. To take disciplinary action and discharge employees for just cause as to both non-probationary and probationary promoted employees, and to take disciplinary action against and discharge with or without cause new probationary employees. 7. To relieve its non-probationary employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted. In the event a promoted probationary employee is removed for failure to satisfactorily perform job duties, he shall be returned to the position from which he was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee). The City may likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his former position. 8. To relieve other probationary employees from duty for any reason. 9. To determine and redetermine work schedules. 10. To maintain order and efficiency in its operations. 11. To determine and redetermine starting and quitting times, in which case the City shall provide to the 15 CITY OF DELRAY BP.ACH & POLICE BtiNEVOLENT ASSOCIATION CONTRACT 2007-200R affected employees five (5) calendar days notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. 12. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City. 13. To require employees to submit to a medical examination by a physician designated by the City. 14. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. 15. To set the standards and procedures for application, testing, selection procedures, and appointment to positions in the Police Department. 16. To take disciplinary action against employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. 17. To enforce and make amendments to the General Orders at any time, and to enforce the provisions in such General Orders against both probationary and non- probationary members of the bargaining unit, and to 16 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 take disciplinary action against employees for failure to follow the provisions of such General Orders. However, the exercise of such rights by the City shall not necessarily preclude employees or their representatives from raising grievances, should decisions on the above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement. 18. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 19. To require enhanced supervision of both probationary and non-probationary employees under reasonable circumstances. 20. To hire, retire, promote, demote, evaluate, compensate, transfer, assign, direct, layoff, recall, or reward employees. 21. To determine, re-determine, and direct the policies, mode, and methods of performing work of any sort. 22. To determine the qualifications for and to select its employees. 23. To determine the size and composition of its work force. 29. To assign overtime work and to select persons to perform such overtime work, subject to existing 17 CITY OE DELRAY BEACH & POLICE BENEVOLEN'I~ASSOCIATION CONTRACT 2007-2008 practices of equitable distribution of overtime opportunities. 25. To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, equipment, processes, materials, supplies, and other property, to be used, operated, or distributed. 26. To institute and establish new methods and procedures of training of unit employees, and to engage in such training methods and procedures. 27. Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions, and all qualifications for job classifications. 28. To determine the amounts and types of work to be performed by employees. 29. To determine whether and to what extent the work required in its operations shall be performed by employees covered by this Agreement. 30. To use managerial, supervisory, or other non-unit employees to perform work performed by employees of the unit. 31. To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. 32. To subcontract all or any part of its functions, operations, or work. 18 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 33. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine, transfer, assign, cease or create any job, job classification, department or operation. 34. To introduce new, different, or improved methods, means, processes, maintenance, service, and operations. 35. To discontinue conduct of its mission or operations in whole or in part. 36. To take all actions necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990. 37. Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 19 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 9 HOURS OF WORK AND OVERTIME °--~--- ' The work cycle for regular full time employees shall be eighty (80) hours in a 2-week cycle. The number of hours per day and days per week shall be determined by the Police Chief. Work schedules of bargaining unit members shall be established and implemented in the sole and exclusive discretion of the Police Chief. °--~--- It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel, and emergencies. No such deviation shall be considered a violation of this contract. Recognizing that the Department has an obligation to provide sufficient manpower, the City will attempt to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief of Police or his authorized designee. 20 CPCY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 3 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments. An employee shall be noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. If an employee reports for work late, eight (8) minutes or more after the scheduled time, he/she shall be docked in major segments of one-quarter (1/4) of an hour. Section 4 The City agrees to pay overtime at the rate of time-and-a- half after eighty (80) hours based on a 19-day work cycle. This work cycle shall coincide with the bi-weekly pay periods. Overtime compensation will be computed at the end of each 14-day work cycle with compensation for same being on the following paycheck. In the computation of such overtime compensation, employees shall receive credited hours for any vacation days or holidays which may occur within the pay cycle. Section 5 Both parties hereto agree, and the P.B.A. acknowledges, that the City has declared members of the bargaining unit to be "7(k)" employees for purposes of application of the Fair Labor Standards Act. Forms acknowledging this fact for each individual employee shall be provided by' the City for acknowledgment by the employee. 21 CITY OF DF.I,RAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond his/her normal schedule for the day. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Section 7 If an employee covered by this Agreement is called out to work outside his/her normal working hours, he/she shall receive a minimum of three (3) hours pay at time and one-half (1 1/2) his or her regular rate of pay. Officers and Sergeants working 11.5 hour schedules work a total of 80.5 hours within each 80 hour pay period. Every employee under this deployment schedule will be given off '-f hour every pay period. Section 9 1. Upon the mutual agreement of the employee and the City, an employee will be awarded compensatory time at the rate of one and one-half hours of compensatory time for each hour of overtime worked, in lieu of overtime pay. 22 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 2. The maximum amount of compensatory time that any employee can accrue is 72 hours. When an employee accrues the maximum permissible compensatory leave, the employee shall be paid for all overtime hours in excess of the maximum at the rate of one and one-half times the employee's current rate of pay. 3. Employees wishing to use accrued compensatory time shall make a request to do so to their Shift Commander at least 98 hours in advance of the time that the employee wishes to use the leave time. Requests to use accrued compensatory time with less than 48 hours notice maybe approved in extraordinary circumstances, as determined by the Police Chief or designee. 4. Requests to use accrued compensatory time shall be reviewed on a first come, first serve basis, and approved based on the operational needs of the shift for the time period requested, as determined by management. When an employee's request to use compensatory time off is denied as to specific dates, the City will upon request, advise the employee of alternate dates that are available to schedule compensatory time off. Because of the unique staffing needs of law enforcement agencies, no employee can be guaranteed that his or her request to take compensatory leave on a particular day or days will always be granted. However, employees who request the use of compensatory time 23 CITY OP DELRAY BEACH & POLICE BENEVOLEN'P ASSOCIATION CONTRACT 2007-2008 shall be permitted to use such time within a reasonable period after making the request, if the use of compensatory time does not unduly disrupt the operations of the department. The request will be deemed to have been granted within a reasonable period if the City offers to allow the employee to take compensatory time off within one-hundred eighty (180) days of the final date requested by the employee. EXAMPLE: On February 1, 2005, an employee requests to take compensatory leave beginning on March 1 and ending on March 5, 2005. Management denies the requests for those particular dates. The request will be deemed to have been granted within a reasonable period if the Employer offers alternate compensatory time off on or before August 27, 2005. In the event the request to use compensatory time cannot be granted within a reasonable time as defined in this subsection, the employee may elect to be paid for the compensatory time that was not granted. 5. Employees may request to use compensatory time to take off earlier than the time that the employee's shift ends. Because of the nature of law enforcement services, there are certain activities performed by police officers which cannot be postponed until a later date, and cannot be transferred to another officer for completion. Examples of such activities include, but are not limited to: processing 24 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 of an arrest; completion of arrest or incident reports; continuation of an ongoing pursuit. Therefore, where such requests to use compensatory time are granted, the approval shall be made on a "conditional" basis, as follows: In the event that an employee is involved in a task or activity that cannot be postponed until a later date, and cannot be completed by another officer, at the time the compensatory leave is scheduled to begin, the compensatory leave will be postponed until the employee has completed the task or activity. In such cases, the employee's compensatory leave account will not be charged for the time that he or she is held over- The employee will continue to be paid for the time he or she is held over at the otherwise applicable rate of pay. Employees who are given conditional approval to use compensatory time to take off earlier than the time the employee's shift normally ends, and then who are required to remain on duty, are not entitled to call out pay. 6. Upon termination of employment for any reason, employees shall be paid for all accrued compensatory time at the employee's regular rate of pay at the time of the separation. Section 10 An employee who is temporarily and continuously assigned by the proper authority to perform the duties of a higher 25 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 classification for more than three (3) shifts, will be compensated for the time spent in the higher classification at a rate of five percent (5%) above his/her regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue until the employee's continuous service as an acting supervisor ceases. 26 CITY OF DFLRAY BEACH & POLICE BENEVOLENT ASSOCIATION CON"FRACT 2007-2008 ARTICLE 10 WAGES Section 1 It is agreed between the parties that the salary schedule for bargaining unit employees is as follows: Fiscal Year 2007-08 Police Officer (in training) $35,108 Upon the Police Department certifying that a police officer-in-training has completed the Academy Training program and has passed the State Certification Exam, such officer shall be placed in Step 1 for the classification of Police Officer. If the employee is hired as a police officer-in-training, the employee's performance evaluation date shall be the date the Police Department certifies such employee as an entry level Police Officer. Section 3 The following ten (10) step pay plans will be established effective the date of contract ratification by both parties: 27 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Step Plans for 2007-08 Ste 1 Ste 2 Ste 3 Ste 4 Step 5 Ste 6 Ste 7 Ste 8 Ste 9 Ste 10 Police Officer 42,200 44,310 46,526 48,852 51,295 53,860 56,553 59,381 62,350 65,468 Police Officer First Class 45,310 47,576 49,955 52,453 55,076 57,830 60,722 63,758 66,946 Career Officer 1 48,576 51,005 53,555 56,233 59,045 61,997 65,097 68,352 Career Officer2 52,005 54,605 57,335 60,202 63,212 66,373 69,692 Career Officer3 55,605 58,385 61,304 64,369 67,587 70,966 Master Police Officer 59,385 62,354 65,472 68,746 72,183 Sergeant 55,275 58,039 60,941 63,988 67,187 70,546 74,073 77,777 81,666 85,749 Step Plan w/Associate's Degree Ste 1 Ste 2 Ste 3 Ste 4 Ste 5 Ste 6 Ste 7 Ste 8 Ste 9 Ste 10 Police Officer 44,280 46,390 48,606 50,932 53,375 55,940 58,633 61,461 64,430 67,548 Police Officer First Class 47,390 49,656 52,035 54,533 57,156 59,910 62,802 65,838 69,026 Career Officer 1 50,656 53,085 55,635 58,313 61,125 64,077 67,177 70,432 Career Officer 2 54,085 56,685 59,415 62,282 65,292 68,453 71,772 '~~ Career Officer 3 57,685 60,465 63,384 66,449 69,667 73,046 Master Police Officer 61,465 64,434 67,552 70,826 74,263 Ser eant 57,355 60,119 63,021 66,068 69,267 72,626 76,153 79,857 83,746 87,829 Step Plan w/Bachelor's Degree Ste 1 Ste 2 Ste 3 Ste 4 Ste 5 Ste 6 Ste 7 Ste 8 Ste 9 Ste 10 Police Officer 46,360 48,470 50,686 53,012 55,455 58,020 60,713 63,541 66,510 69,628 Police Officer First Class 49,470 51,736 54,115 56,613 59,236 61,990 64,882 67,918 71,106 Career Officer 1 52,736 55,165 57,715 60,393 63,205 66,157 69,257 72,512 CareerOfficer2 56,165 58,765 61,495 64,362 67,372 70,533 73,852 CareerOfficer3 59,765 62,545 65,464 68,529 71,747 75,126 Master Police Officer 63,545 66,514 69,632 72,906 76,343 Ser eant 59,435 62,199 65,101 68,148 71,347 74,706 78,233 81,937 85,826 90,000 28 CITY OF DELRAY BEACH & POLICE BENEVOLENT' ASSOCIATION CONTRACT 2007-2008 This step plan will be implemented in the following manner: 1. The first full payroll following contract ratification by both parties, the employee shall move automatically to the next highest established step from his/her existing base salary. Section 4 Following implementation of the step plan set forth above, bargaining unit employees shall continue to receive an annual performance evaluation on the employee's employment anniversary date, or last promotion date, whichever occurs later. If the employee receives an overall performance evaluation of satisfactory or higher, the employee will move to the next higher step. No step increase shall be paid if an employee's overall performance evaluation is unsatisfactory. Annual performance evaluations shall be conducted pursuant to the Police Department's Employee Performance Evaluation criteria and forms, as determined by the City. Section 5 An employee who reaches or is at the maximum step range, will only be eligible for a salary increase based on the movement of the maximum step. 29 CITY OE DELRAY BEACH & POLICE. BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 6 Educational Incentive Compensation - Employees covered by this agreement who possess or obtain a Bachelor's and/or Associate Degree levels of higher education from certified colleges and universities shall be compensated in accordance with the Step Plan for Associate's Degree and Bachelor's Degree. Section 7 Community Patrol/Community Response Incentive - A Community Patrol/Community Response Incentive, designed to attract and compensate experienced officers and sergeants to work evening and midnight shift shall be paid on a cent per hour basis. Accordingly, an assignment where the majority of the shift hours occur after 5:00 p.m. shall be paid at $.75 per hour. Community Patrol and Community Response Officers and Sergeants assigned to these shifts shall be eligible for such compensation provided such officers shall have at least three (3) years experience with the City of Delray Beach Police Department. Officers may be removed from these assignments for cause as articulated by Police Management. The parties understand that this compensation is subject to review and modification. It is further understood that through a reorganization of the Police Department, the work schedule that presently exists may in fact be altered causing the parties to re-examine this issue and make appropriate modification. 30 CITY OF DELRAY BEACH & POLICE 6ENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 8 The Chief of Police shall have the authority to hire Florida State Certified applicants and/or those with the advanced academic degrees at two (2) Steps above the entry rate for a Police Officer. Section 9 On a quarterly basis, employees who have not had an at fault accident within the preceding three months shall be eligible to be included in a drawing for a $500 lump sum bonus. Four (4) employees shall be selected in each quarter and each employee shall receive the $500 lump sum bonus. Section 10 Employees who are fluent (speaking, reading, writing and listening) in Creole or Spanish will be eligible for Language Incentive pay at the rate of $.43 per hour. The Language Incentive shall be paid as a bonus outside the salary range and shall be included in overtime and pension calculation. To be eligible for the Language Incentive pay, employees must first pass a language proficiency test given by a vendor selected by the City. 31 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CON'T'RACT 2007-2008 ARTICLE 11 HOSPITALIZATION INSURANCE The parties have negotiated by amendment a new collective bargaining agreement for the period October 1, 2007 to September 30, 2008. However, information sufficient to negotiate the provisions of Article 11 Hospitalization Insurance was not available to the parties and will not be available until a later date. Therefore, the parties understand that, when such information becomes available, the parties will reopen Article 11 for negotiation. Such re-opener will follow action by the Insurance Committee as set forth in Section 4. The parties understand and agree that the following sections are from the agreement, and shall remain binding upon the parties until prospective changes are made after negotiations between the parties. The agreement may be reopened for this negotiation. Section 1 The City agrees to pay the total medical and hospitalization insurance premium for all bargaining unit employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all bargaining unit employees. under the new coverage. 32 CITY OF DELRAY BEACH & POLICF, BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 2 All bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Further, the parties understand and agree that the rate schedule quoted above is effective to 3/01/2001 and adjustments to the rate schedule shall be negotiated between the City and the PBA. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductibles and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s)- The insurance committee will be composed of one representative from each of the bargaining units in the City, a representative of the non-bargaining unit employees of 33 CITY OF DF.I.RAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 the City, and management representatives. The City Manager will select the management members of the insurance committee. 34 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 12 PENSION PLAN MATTERS The PBA and the employees hereby recognize and agree that during the life of this agreement, the agreement concerning pension matters executed by the parties in October and November, 1993 and as amended in August, 1999 and as amended in April 2009, shall be continued in full force and effect. 35 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 13 Section 1 The following days shall be holidays for non-shift personnel: New Year's Day Martin Luther King, Jr-'s Birthday Presidents' Day (3rd Monday in February) Labor Day (1st Monday in September) Memorial Day (last Monday in May) Independence Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Personal Holiday (1 per fiscal year) and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief and City Manager. For shift personnel who have completed the probationary period set forth in Article 22 of this Agreement, employees shall have eleven (11) holidays (88 hours), the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his authorized designee, on any day during the contract period, subject to Section 2(B) below, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee 36 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 must be made no later than twenty-four (24) hours prior to the date(s) selected. Section 2 A. Non-shift personnel -- All regular, full-time, non- shift personnel on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Police Chief and/or City Manager. B. Shift personnel -- Shift personnel shall work their normal shift whether on a holiday or not; provided, however, that employees who have completed their probationary period as provided for in Article 22 of this Agreement may designate in advance, and upon approval by the City, such holidays wherein the employee shall be paid only at their regular straight time rate of pay, thus permitting the accumulation for up to six (6) months [being October through March, then April through September] the additional holiday pay in order to actually take time off work during these one-half year periods in a number of days equal to the holidays so designated, worked, and paid at the straight time rate. If a member .fails to use the accumulated days within the six (6) month period for good cause, as determined by the Police Chief, the Police Chief and the City Manager may grant an extension. The option in this provision shall apply 37 CITY OF DELRAY BEACH & POLICE BFNNOI,ENT ASSOCIATION CONTRACT 2007-2008 to all shift personnel whether they are scheduled to work on the holiday or not. Section 3 If regular, full-time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at double their regular rate of pay. For non-shift personnel, when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. Section 5 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall on Sunday, the following Monday shall be considered a holiday. 38 CITY OF DELRAY QF.ACII & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 7 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 39 CITY OP T)EI.RAY REACH & POLICE BENEVOLENT ASSOCIATION CON"fRACT 2007-200R ARTICLE 14 Section 1 Regular, full-time bargaining unit members shall receive annual vacations, which may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Over, but less than Other Full Time Personnel Vacation Hours 0 years 3 years 3 years 7 years 7 years 11 years 11 years 5 .00/month 9 .33/month 10 .66/month 12 .00/month The accumulation of vacation days at each of the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service. For example, an employee in his/her fourth year of continuous service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year) ; and, that the rate of one hundred twelve (112) work hours per year vacation time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate 90 CITY OF DELRAY BEACH & POLICE BENF.VOLCNT ASSOCIATION CONTRACT 2007-2008 of one hundred twenty-eight (128) work hours would then be accumulated between the employee's seventh anniversary date and the employee's eighth anniversary date. B. A member of the bargaining unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. Section 4 When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall 41 CITY OP DF.I..RAY BEACH & POLICE BENEVOLENT ASSOCIA"LION CONTRACT 2007-2008 be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. B. He/she gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office at least two weeks prior to termination. Section 6 Vacation time is subject to the following requirements: The maximum accumulation permitted will not exceed two hundred eighty-eight (288) working hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Chief of Police and City Manager. Section 7 All personnel will have leave request/lock out guidelines to follow to ensure that they will have equal opportunities at leave time while maintaining seniority consideration where applicable. Leave will be considered approved when signed by the Division/District Commander, supervisor, or his/her designee. 42 C[TY OF DF,LRAY BEACH & POLICE BENF.VOLLNT ASSOCIATION CONTRACT 2007-200R Outside 60-days - leave requests 61 days or greater from the time the requested leave begins will allow for bumping by senior employees for any and all leave requests. 31-60 days - from the time the requested leave begins, bumping based upon Seniority is permissible for requests of less than one work week. One (1) day to 30 days - from the time the requested leave begins does not allow for any bumping. All requests within this time frame will be granted on a first come-first served basis. 43 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 15 The P.B.A. recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an employee's immediate household (wife, husband or child) where care by the employee is required. Section 2 All regular full-time employees may be given sick leave with pay at the rate of 8 hours for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months of continuous service- 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 94 C[TY OE DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 3. If an employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. 9. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one thousand one hundred twenty (1,120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty (1,120) hours maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular hourly rate for the portion of their accrued sick leave stated below, not to exceed a total payment of five hundred sixty (560) hours: Percentage of Accrued Sick Years of Service Leave to Be Paid 0 - 5 -0- 5 - 10 250 10 - 15 SOo 15 - 20 75°s 20 or more 1000 or up to 560 hrs. Employees who retire from the City in good standing after twenty (20) years under the City of Delray Beach Police and Firefighters Retirement System shall receive pay at their then 45 CITY OF DF.LRAY BEACH di POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of one thousand one hundred and twenty (1120) hours. ^--`--- " Employees reporting in sick or unable to report for duty must do so not later than thirty (30) minutes prior to their reporting time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications Section. Reporting must be done by the employee . himself/herself, and any failure to report shall be considered as absence without leave. The Police Chief or his designee may investigate absences on account of sickness to determine their validity. When absence is for .three or more working days, the Police Chief may require the employee to provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result in discipline up to and including termination. Section 5 In case of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee's beneficiary, estate or otherwise provided by law. 96 CITY OF DELRAY BEACH & POLICE BENEVOLEN'L ASSOCIA1lON CONTRACT 2007-2008 ARTICLE 16 LEA\7ES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the personal matters of the employee or his family- B. Official training courses such as conferences, conventions, workshops, or similar meetings approved by the City. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Police Chief to use such leave in order to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act. 47 C[TY OF DELRAY BEACH & POLICE RENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 17 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City. 98 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 18 :AVEMENT LEAVE When a death or critical illness, in which death appears to be imminent occurs in the family of an employee, the employee may be allowed three (3) shifts if occurring in the State of Florida and five (5) shifts if occurring outside the State of Florida, bereavement leave with pay. For the purpose of this article, family is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, grandchild, grandparents, foster parents, foster children, step-children, step-parents or domestic partner as qualified through Palm Beach County's domestic partner registration program. No other persons shall be contained within the definition of family except as specifically set forth herein. Section 2 Bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged to one of the foregoing categories. Section 3 The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave. 49 CITY OF DELRAY BEACIi & POLICE BENEVOLENT ASSOCIATION CONTRACT 207-2008 ARTICLE 19 MISCELLANEOUS CONSIDERATIONS Both parties acknowledge that during the term of this agreement the City, with input from members of the Police Department, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees, including: A. A review of the individual performance appraisal form and the step plan system utilized by the City to determine the acceptability and feasibility to the City of instituting a revised system wherein all employee evaluations since the employee's last anniversary date would be averaged to arrive at the employee's rating, that an average "satisfactory" or higher rating for the review period would be required to move to the next higher step, while receiving below this "satisfactory" rating would receive no step increase; and, B. A review of promotional qualifications concerning the acceptability and feasibility of instituting as a qualification for promotion, a minimum number of years experience, either in law enforcement or with the City, prior to taking the written examinations for promotion to sergeant; and, 50 CITY OF DELRAY BLACH & POIJCE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 C. A review of establishing a new or instituting revisions to the existing program(s) for the award of certificates or the like recognizing exemplary service or significant contributions by sworn Police Department employees. The P.B.A, agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this contract period; and further, the P.B.A. acknowledges that the City must examine any and all such proposals in light of its City-wide and Department-wide responsibilities and considerations, and that although all proposals will be given the appropriate consideration and review, any decisions to accept or reject any and all such proposals shall be within the City's sole discretion. 51 CITY OF DELRAY BEACH & POLICC RENFVOLENT ASSOCIATION CON'CRACT 2007-2008 ARTICLE 20 No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, step- daughter, stepbrother, stepsister, half brother, or half sister. 52 CFfY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIA'iION CONTRACT 2007-200R ARTICLE 21 NEW EMPLOYEE AGREEMENTS All new employees shall be required by the City to execute an agreement with the City, on a form to be provided by the City, in which the employee agrees, in addition to repayment of tuitions as provided for in Florida Statutes X943.16, that any such new employee who leaves the employment of the City voluntarily prior to the expiration of three (3) full years of employment with the City, shall reimburse the City all other costs or expenses for education/training and for clothing or uniforms which had been paid for by the City to the date of the termination of employment. Furthermore, in such agreement, the City shall require and the employee shall agree that any such amounts due and owing to-the City upon said employee's voluntary termination shall be withheld by the City from said employee's paycheck(s) and/or any other financial benefits otherwise paid by the City to that employee. This shall not be construed to constitute a waiver or otherwise prohibit the City from collecting any additional amounts owed pursuant to this Agreement through any other legal process. 53 CITY OF DELRAY BEACH & POLICE, ftENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 22 PROBATIONARY PERIOD - NEW EMPLOYEES The probationary period for non-entry level new employees covered by this Agreement shall be one (1) year from the date that the employee is sworn in with the Delray Beach Police Department. New, entry level Police Officers-In Training shall have a probationary period of eighteen (18) months from the date that the employee is hired by the Delray Beach Police Department. New probationary employees shall have no right to utilize the grievance/arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension, or other discipline. 54 CITY OF DELkAY BEACH & POLICE BENEVOLF,NT ASSOCIATION CONTRACT 2007-2008 ARTICLE 23 PROBATIONARY PERIOD - PROMOTED EMPLOYEES Section 1 There shall be a probationary period of one year for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit. This probationary period shall commence from the employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his designee shall have the right to remove the probationary employee from the position to which that employee was promoted with or without cause. Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted employee who is removed from the position to which he was promoted, shall return to the position from which he was promoted (however, this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for just cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure. 55 CI'PY OF DBhRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Section 2 The Chief of Police, at his sole discretion, may extend the probationary period for a period not to exceed 90 calendar days, during the pendency of an internal affairs investigation. 56 CI"fY OF DGLRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 24 SENIORITY Section 1 The City agrees that seniority shall consist of continuous accumulation of paid service with the Department. It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury- Section 2 Subject to supervisory approval, the choice of vacation periods shall be as follows: Vacation periods shall be chosen on the basis of seniority. Seniority for the choice of vacation shall be calculated based on the beginning date of an employee's most recent period of continuous paid service with the Police Department. If more than one employee started with the Police Department on the same date, then seniority for those employees shall be established based on the date they filed an application for employment. If more than one employee filed an application for employment on the same date, seniority for those employees shall be based on the alphabetical order of their last names. Vacation periods for sergeants shall be chosen on the basis of seniority. Seniority for the choice of vacation shall be 57 CITY OF DF,LRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 calculated based on time in rank with the police department. If two sergeants have the same time in rank, then seniority for those sergeants shall be established by date of hire. Section 3 In the event of layoff for any reason, the employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees who are affected by a layoff and have received less than satisfactory performance evaluations during the year preceding the evaluations shall, with approval of the Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address listed with the Department as his home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within three (3) work days 58 CITY OF DF.LRAY REACH & POLICE BENEVOLP.NT ASSOCIATION CONTRACT 2007-2008 of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or if the affected employee has not responded to personal notice recall within three (3) work days, then that employee shall be considered to have refused recall. Section 4 Shift work assignments shall be made according to seniority. For purposes of this section, seniority is defined as the amount of continuous service an employee has in his/her rank. Shift selection shall occur one time annually. 1. All efforts shall be made by the City to abide by seniority as it affects shift work assignments. In those instances where the City determines that the compelling need of the City outweighs the individual employees seniority right to shift selection, that City may veto that selection based upon just cause. The affected employee shall have the right to appeal this veto through the chain of command to the level of Chief of Police who shall possess the power of final and binding arbitrator. 2. Management reserves the right to determine the staffing levels. 3. The City shall not make a shift assignment that is arbitrary and capricious. 59 CITY OP DBLRAY REACH & POLICE BENEVOLEN'P ASSOCIATION CONTRACT 2007-2008 4. In the event of a vacancy between the described selection period, the filling of that vacancy shall be based on seniority as defined in this section. 60 CITY OE DELRAY BEACH & POLICE 6ENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 25 PROMOTIONS Section 1 -- Promotional Procedure The City will announce promotional examinations at least thirty (30) days in advance. A copy of any reference material in the City's possession will be made available. All promotional vacancies shall be filled in accordance with criteria established by the City Manager or his/her designee. Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof. The employees or the P.B.A. may offer suggestions to the Police Chief as to changes in the criteria to be used for filling promotional vacancies. The acceptance or rejection of these suggestions shall be at the sole discretion of the City Manager or his designee. The parties agree that although none of the members of the bargaining unit shall be covered under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service Board for the purposes of preparation, monitoring, and scoring of both entrance level and promotional examinations. However, the use of the Civil Service Board by the Personnel Department in such a manner shall not be construed as providing the Civil Service Board with any jurisdiction. 61 CITY OF DELKAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to the examinations, including, but not limited to the examinations, conditions, scores, and the contents of the examinations themselves. Section 2 -- Effect of Promotion on Wages and Employment Anniversary Date (a) When an employee is promoted into a Sergeant's classification, the employee's wages shall be increased to ten percent (loo) more than the employee earned prior to the promotion. At the time of promotion the rate of pay will be adjusted to the next higher step in the Sergeants Step Plan. The employee will then increase one full additional Step (50). Said employee shall receive a lump sum bonus of the difference between the combined increase to salary and 100. (b) If at the time of promotion the rate of pay adjusted to the next higher Step in the Sergeants Step Plan yields an increase of over 100, the promoted employee will remain in Step 1 as a Sergeant until their next performance evaluation date and will not increase an additional Step or receive a lump sum bonus. (c) If an employee's wages are increased more than ten (10%) as a result of a promotion, the employee's annual performance evaluation date will be changed to the date of the promotion. 62 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-200R PROMOTION IN THE POLICE DEPARTMENT All sworn personnel desiring promotion in the Police Department will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications to be admitted to such examination: A. Admission to examination for promotion to sergeant shall be restricted to police officers who have been in that position continuously for three (3) years with the City of Delray Beach immediately preceding the examination. B. Admission to examination for promotion to lieutenant shall be restricted to sergeants who have been in that position for one (1) year continuously with the City of Delray Beach immediately preceding the examination. C. Anyone taking an examination shall be an employee of the Police Department of the City of Delray Beach at the time of taking such examination. D. An employee within the period of an authorized leave of absence from the Police Department of the City of Delray Beach shall be eligible to take such examination, provided the period of the leave of absence shall not be considered in calculating the "time in grade" requirement of these rules. 63 CITY OF DF.LRAY [3EACH Nc POLICE HENF,VOLENT ASSOCIATION CON'fRAC"f 2007-2008 Candidates must obtain a minimum examination score of 700 in written examinations to be eligible for further consideration. Written promotional examinations shall be augmented by oral interviews and staff evaluations. The oral interview shall be conducted by members of neighboring law enforcement agencies and/or a city official or community leader within the City of Delray Beach or a neighboring City. The respective weights given to written examinations, oral interviews, and staff evaluations to determine the candidate's total rating shall be: Written examination 50% Oral interview 250 Staff evaluation 25o An aggregate score of 70o must be attained to be eligible for promotion. 64 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 26 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for bargaining unit employees. Should the City so elect, the P.B.A. shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once so determined by the parties, all employees of the bargaining unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this "transitional physical fitness program" (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, during this transitional period, employees who fail to meet the standard of the program shall not be subject to disciplinary action although the results of their participation shall be kept by the City for statistical purposes. The P.B.A. agrees that during the contract period the City shall provide annual physicals including drug and alcohol screening for all employees of the bargaining unit, and that such annual physicals for employees age 90 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the 65 CITY OF DELRAY RF,ACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 calendar quarter in which the employee's anniversary date occurs. 66 CITY OE DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 27 OUTSIDE EMPLOYMENT Section 1 No member of the bargaining unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Police Chief and reviewed by Human Resources. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services shall be a rate to be set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be renewable January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services, or materials. 67 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 68 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 28 RESIGNATION Any employee who wishes to resign in good standing shall give the Police Chief written notice of his/her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Police Chief. Notice of resignation shall be immediately forwarded to Human Resources together with said employee's termination forms. If any employee resigns without giving the required notice, the Police Chief shall notify Human Resources; Human Resources shall enter this fact on the employee's records; and failure to give such required notice of resignation may be considered sufficient reason for rejecting any future application of said employee to reenter City Service. The Police Chief may enter good standing records for an employee who fails to give two (2) weeks notice if he/she feels there were extenuating circumstances. Any employee who is absent from duty for three (3) consecutive shifts without securing approved leave from the employee's superior, may be considered to have resigned without notice. It shall be the duty of the Police Chief to report all unauthorized leaves immediately to Human Resource in the manner 69 CI"PY OP DELRAY 6EACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 prescribed. All such unauthorized leaves shall be posted on the employee's records and may be considered in the employee's merit ratings. 70 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CON'CRACT 2007-2008 ARTICLE 29 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the employees covered by this Agreement except as modified herein. 71 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 30 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES The City recognizes that Police Department employees are not immune from problems that confront society in general. The problems of drug and alcohol abuse are widespread throughout our community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse. The primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public. I. Definitions A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B. Drug abuse means the ingestion of any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893, Florida Statutes, as amended from time to time. 72 CITY OF DELRAY BEACH & POLICE DENEVOLF,NT ASSOCIATION CONTRAC'"f 2007-2008 C. Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. II. Physical Fitness and Examinations A. Every applicant for Police Department employment (including applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of the job which the applicant or re-employed employee seeks. Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. B. All Police Department employees, including managerial and supervisory employees, are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. C. Any such annual physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol. 73 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 20022008 D. All employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an Assistant City Manager, or City Attorney, or Human Resources Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her duties. F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on duty, or has reported for duty, under the influence of alcohol or illegal drugs. G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited. The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief of 74 CITY OF DtiLRAY BEACH bk POLICE DENEVOLENT ASSOCIATION CONTRACT 2007-2008 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or under the influence of alcohol. A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted. H. Random testing for alcohol and/or controlled/illicit drugs shall be performed in conjunction with this Article. Random selections of employees will be made by a third-party contracted firm using a U.S. Department of Transportation (DOT) approved random selection computer program. An employee selected for random testing shall be tested on the day his/her name is selected if on duty. If off-duty, the employee shall be tested on his/her next regular day of work. The total number of random drug tests given per year will not exceed fifty percent (50%) of the total number of bargaining unit members. No more than l00 of those selected for drug testing will be tested for alcohol. I. The City will pay the cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly observe and maintain the confidentiality of such employee medical records to the extent permitted by law. 75 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 J. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance with this policy shall be subject to disciplinary action up to and including dismissal. III. Blood/Urine Tests for the Presence of Alcohol and Drugs A. In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first set of which shall be used by the first laboratory and the second set of which shall be used by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance, shall utilize an immunochemical assay or radioimmunoassay test on the employee's blood/urine. If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees, if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein. In order to timely provide such notification, the employee shall be 76 CITY OP DELRAY BEACH & POLICE BENEVOLEN"f ASSOCIATION CONTRACT 2007-2008 required to contact by telephone or in person a City representative designated in advance by the City, not later than one (1) hour after a date and time specifically given to the employee for his/her requirement to contact a designated City representative by telephone. At the time the employee makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test. If the employee fails to contact the City representative within the time frame set forth above, or the employee does not request the testing of the second set of specimens, or if the employee does request the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which the applicant seeks. B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the 77 CITY OP DELRAY BEACFI & POLICF, BENEVOLENT ASSOCIATION CONTRAC'I~ 2007-2008 influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee who is found to have engaged in off-duty alcohol abuse which adversely affects the employee's ability to perform job duties may be placed on a leave of absence without pay for a period of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days. The employee may use any accumulated sick leave or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence. Prior to resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal drugs. The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period, the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period or thereafter, the employee's blood or 78 CITY OE DELRAY BEACH & POLICE BENF,VOLENT ASSOCIATION CONTRACT 2007-2008 urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures set forth in Section III(B), above, the employee shall be subject to disciplinary action, up to and including dismissal. 79 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 31 DAMAGE TO CITY PROPERTY Section 1 Each police employee shall exercise due caution in the care and handling of all tools and equipment which may come into his/her custody, or over which he/she may have a degree of control. Any police employee who loses, misuses, or damages through his/her carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to a police employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The City will be responsible for full replacement costs for prescription glasses and contact lenses provided the employee presents a replacement receipt at the time of replacement. The City will be responsible for replacement of damaged watches and non-prescription sunglasses up to fifty dollars ($50.00). The 80 CITY OF DLi1.RAY [EACH & POLICE BENEVOLEN'C ASSOCIATION CONTRACT 2007-2008 City will not be responsible for the replacement of jewelry or other personal property carried at the employee's discretion. 81 CITY OF UEI,RAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-200R ARTICLE 32 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee for just cause which he considers will promote the efficiency of the City's service. Further, the City Manager may, at any time, dismiss any probationary new employee with or without cause. The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion or suspension, based on the City Manager's determination of the gravity of the offense; however, dismissal or discipline may be made for causes other than those enumerated: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Has willfully violated any of the provisions of the City or this Agreement, or has attempted to or does commit an act or acts intended to nullify any of the provisions thereof. C. Has violated any lawful or reasonable order or regulation, or has failed to obey any reasonable or lawful direction by a superior. 82 CITY OF DELRAY REACIi Nc POLICF, BENEVOLENT ASSOCIATION CONTRACT 2007-2008 D. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. E. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably on the City or interferes with the operations of the City. F. Has been wantonly offensive in his conduct or language toward the public or toward any City employee or official. G. Has been incompetent, negligent, or inefficient to such an extent that his/her performance falls below the minimum prescribed standard. H. Is careless or negligent of the property of the City of Delray Beach, or steals or misuses any equipment, materials, property, or other things of value belonging to the City. I. Has used, or threatened to use, his position for personal gain or advantage, or has attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase, to influence pending disciplinary matters or change in character of work. J. Has taken any fee, gift, or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation, or 83 CITY OF DELRAY 6EACH & POLICE BENEVOLENT ASSOCIA'PION CONTRACT' 2007-2008 individual when such fee, gift, or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefor not customarily accorded the general public. K. Has falsified time records, other official City records, or has failed to report absences from duty to his superiors in accordance with prescribed procedure. L. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. M. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor, or has repeatedly reported late for work. N. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. 0. Is antagonistic in his attitude toward his supervisor or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his department to the detriment of efficient public service. P. Upon the expiration of earned sick leave, fails to report to the Police Chief his inability to return to work, if such is the case. 89 CITY OF DELRAY BEACH & YOllCE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 Q. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing, or hallucinogenic drug, or conspiracy to do same, while either on or off duty. R. Has made a significant omission on his application for employment, or has falsified it in any way. S. Has been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. T. Has been found to have used anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 30. The City Manager shall furnish the non-probationary employee or the promoted probationary employee whom he dismisses from the City service with a written statement outlining in detail reasons for the removal, and the date and time such removal becomes effective. A copy of the statement shall be furnished to the Police Chief. Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay. 85 CI'CY OE DELRAY BEACH fi POLICE BF,NEVOLENT ASSOCIATION CONTRACT 2007-2008 During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been instituted against the employee, and if no notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. 86 CITY OP DF.LRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 33 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or dismissal in repetitive or extreme cases. Any employee who is absent from duty for three (3) consecutive shifts without notifying the shift supervisor or commander of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. 87 CITY OF DELRAY BEACH & VOLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 34 POLICE BILL OF RIGHTS Section 1 The City of Delray Beach agrees that i bargaining unit members all rights Statutes, Section 112.532 and Section time to time) shall be provided. The Sections 112.532 and 112.533, Florida boards referenced in Article 6. the investigation of all articulated in Florida 112.533 (as amended from P.B.A. may post a copy of Statutes on the bulletin Section 2 Interrogations shall be conducted, preferably at a time when the bargaining unit member is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. Nothing herein shall prohibit the adjustment of the schedule of the bargaining unit member under investigation so that the interrogation can take place during business hours. 88 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 35 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 No member of the bargaining unit may participate in a strike. Any violation of this provision shall subject the member of the bargaining unit or the P.B.A. or both to the penalties under Chapter 497 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. Section 3 In the event of a breach of the provisions of this article, the City of Delray Beach shall be entitled to recover from the P.B.A. and any employee in the bargaining unit participating in the strike, jointly and severally, full compensatory damages, 89 CITY OF UELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 punitive damages, costs, and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent or his designee of the P.B.A., and the P.B.A. will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may be imposed against the P.B.A. and participating employees for a strike, and further instruct striking employees to immediately return to work. The P.B.A. agrees that the notification will be in writing and will be made in a good faith effort to get the employees to return to work. Such conduct shall exonerate the P.B.A. from all penalties, financial or otherwise, which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence of a strike. 90 CITY OF UELRAY BEACH & POLICE BENEVO7.ENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 36 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file. The employee may, within thirty (30) days from the date of the document being placed in the employee's personnel file, file a written response to such document. The employee is fully aware that such written response places no further obligations on the City and confers no additional rights on the employee. Any written response by an employee shall be clearly designated as the employee's response and shall bear an acknowledgment by the employee that such a response is solely the employee's view of the incident and confers no further obligation on the part of the City and confers no further rights on the part of the employee. 91 CITY OF DFLRAY BEACH & POLICE BENCVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 37 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which require the use of civilian attire will be granted a clothing allowance. Said allowance will be issued on a semi-annual basis at the rate of $400.00 per unit member. Those bargaining unit members assigned to motorcycle duties will be supplied with boots as needed and three (3) pair of pants on an annual basis. 92 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 38 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability benefits pursuant to the City's current plans and policies applicable to by all other city employees. 93 CITY OF DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation) as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have the following option of payment: 1. The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be made in cash each year. 99 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 40 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan which shall include the following parameters: A. An officer must have successfully completed his/her probationary status with the Delray Beach Police Department. B. Officers must reside within Palm Beach or Broward Counties in order to be eligible for a take home vehicle. Officers residing beyond a 15-mile radius of the city limits of Delray Beach will reimburse the City $15 a pay period for auto related expenses. C. ~ The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles. 95 CITY OP DELRAY REACH & POLICE 6ENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 41 GRIEVANCE PROCEDURES Section 1 The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall be determined to be denied and may be advanced to the next higher step of the grievance procedure. Grievances of disciplinary actions shall be processed in accordance with the procedures outlined in Section 9. Step 1 The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee's immediate supervisor and division/district commander within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this article, working days shall mean Monday through Friday, excluding City holidays and weekends- A PBA grievance 96 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 representative may be present to represent the employee, if the employee desires him or her present. The immediate supervisor and division/district commander shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days. Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five (5) calendar days from the time the supervisor's response was due in Step 1. The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the employee wishes him or her present, within three (3) working days. The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure, within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. 97 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-200R Step 3 If the grievance has not been satisfactorily resolved in Step 2, and an appeal to the City Manager is permitted pursuant to Section 4, the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the time the response was due from the Police Chief in Step 2. The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with the employee (and the PBA representative, if the employee wishes him or her present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3. 98 CPIY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CON'fRAC'f 2007-2008 Step 9 If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members. Members of the bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager's response is due in Step 3 of the grievance procedure. A. The arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this article and to enforce compliance with the terms and conditions of the Agreement. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. 99 CITY OF DELRAY BEACH Nc POLICE BENEVOLENT ASSOCfATION CONTRACT 2007-2008 C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement. D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written 100 CITY OP DELi2AY BEACH & POLICE BtiNEVOLENT ASSOCIATION CONTRACT 2007-2008 statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. G. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section 4 A. Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure. The decision of the Police Chief or his designee is final and binding on the parties. B. Discipline involving suspensions without pay of four or five days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee is final and binding on the parties. C. Discipline involving suspensions without pay of six to nine days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee may be appealed by the employee or the PBA, if the employee elects PBA assistance. The appeal shall be in writing and shall be filed with the City Manager within seven (7) days of receipt by the employee of notice of the City Manager's decision as a result of Step 3 of the grievance procedure. The 101 CITY OF DELRAY 6EACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 appeal shall be reviewed by a five member review panel composed of two members selected by the PBA, two members selected by the City, and one member selected and agreed upon by the PBA and the City. The review panel shall hold an evidentiary hearing during which the City and the employee may present witnesses and other relevant evidence. The employee may be represented by a non-lawyer PBA representative who is an employee of the City, if the employee desires to be represented. The non-lawyer PBA representative will be permitted a reasonable period of on-duty time to prepare for the evidentiary hearing. The City shall be represented by an Internal Affairs designee. After hearing the evidence, the review panel shall determine by a majority vote whether the employee is guilty of the misconduct as charged. The review panel shall have no authority to change the penalty previously imposed. In this regard, the authority of the review panel shall be governed by the provisions of paragraph ES in the same manner that they are applicable to an arbitrator. The decision of the review panel shall be final and binding upon the parties. D. Discipline involving discharge, suspension without pay of ten or more days, or disciplinary demotion, may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee shall be subject to arbitration. The arbitration shall be 102 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 handled in accordance with the procedures outlined in Section 4E. Step 4 of the grievance procedure shall be followed except that the arbitrator shall be selected as set forth in Section E2. E. Arbitration of disciplinary matters shall be handled as follows: 1. The provisions of Section 3 shall apply except as modified by Section 4E2-5. 2. Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually select a pool of five potential arbitrators to hear disciplinary cases. The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators included in the pre-selected pool until one arbitrator remains, who shall hear the case. The employee shall make the initial strike. 3. The arbitration procedure shall be expedited such that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty day time period, the arbitrator's fee shall be reduced proportionately to the number of days by which the arbitrator's decision is untimely. 103 CI'!Y OF DELRAY BEACH & PO1lCE BENI~VOLENT ASSOCIATION CONTRACT 2007-2008 4. There shall be no post-hearing briefs unless both parties agree prior to the hearing that post- hearing briefs may be submitted. 5. The arbitrator shall not substitute his judgment for that of the City as to the wisdom or the degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article. The arbitrator's inquiry shall be limited to the following: (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; (b) whether the employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records. If the discipline imposed is more severe than that previously imposed upon employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees of the change in 109 CITY OF DELRAY BtiACH & POLICG BLNEVOL[NT ASSOCIATION CONTRACT 2007-2008 disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity of the punishment with regard to the nature and severity of the offense, the circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City, and whether the employee was under probation at the time the offense was committed; (e) whether the City has demonstrated upon the record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary), and that the degree of punishment did not arise from caprice (arbitrary); (f) whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious), and is not inconsistent (capricious); (g) whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of 105 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 punishment for the offense under the given circumstances upon which reasonable men can agree, notwithstanding that reasonable men might disagree upon the specific punishment imposed under the given circumstances. If the arbitrator finds that the City has complied with (a) through (g), the discipline determined by the City shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through (g), the arbitrator may determine the appropriate level of penalty. 106 CITY OF DELRAY BEACH & YOLICF. BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 42 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits to such employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days. 107 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 43 RETIREE INSURANCE The Police Benevolent Association shall establish the Delray Beach Police Officer's Retiree Insurance Fund (~~Retiree Insurance Fund") to provide full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separate from employment on or after October 1, 2009. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. Section 2 On or before December 31, 2007, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 3.3% of the annual base pay of all Police Officers who are employed during the bi-weekly payroll period which includes the prior October 1. The City shall make the annual contribution on behalf of each Police Officer/Sergeant in pay status on October 1. Along with the contributions, the City shall provide a list of bargaining unit members for whom payment has been made and the basis for the amount of payment made. 108 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 44 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the P.B.A., for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. 109 CITY OF DF;LRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 110 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 45 SEVERABILITY AND WAI~7ER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. °--~--- The exercise or non-exercise of the rights covered by this Agreement by the City or the P.B.A., except as to the notice provisions of Article 96, concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future. 111 CITY OE DELRAY REACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 46 DURATION, MODIFICATION, AND TERMINATION, REOPENER Except as otherwise provided in this agreement, this agreement shall be effective from ratification and continue through September 30, 2008. Negotiations for a successor agreement shall commence not later than May 1, 2008. 112 CITY OE DELRAY REACH & POLICE 6ENEVOLENT ASSOCIATION CONTRAC'i 2007-200R ARTICLE 47 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 113 CITY OP DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2007-2008 ARTICLE 48 EXECUTION OF AGREEMENT In executing this Agreement, the Police Benevolent Association and bargaining representative of the P.B.A. represent that they have made the bargaining unit employees aware of their responsibilities individually and collectively under this agreement and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this agreement have been authorized by the membership to take such action. Dated this day of December, 2007. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk - Chevelle Nubin City Manager - David T. Harden Approved as to form and legal sufficiency: City Attorney - Susan Ruby Dated this day of December, 2007. ATTEST: POLICE BENEVOLENT ASSOCIATION By: John Kazanjian, President 114 MEMORANDUM OF AGREEMENT The City of Delray Beach, Florida and the Palm Beach Police Benevolent Association (the parties) agree as follows: 1. Purpose of Agreement -Article 10, Section 3 of the collective bargaining agreement between the parties that was in effect until September 30, 2007 provided for lump sum bonuses to be paid to certain eligible employees ~vho reached the maximum of their salary ranges. It is the intent of the parties to continue to provide for such bonuses during the interim period between October I, 2007 and the effective date of the successor collective bargaining agreement. The parties have entered into this Memorandum of Agreement in order to provide for the lump sum bonuses during the interim period, on the terms listed below. 2. Lump Sum Bonus -Eligible employees who reached or were at the maximum amount of the salary range between October t, 2007 and the ratification date of the new PBA/City of Delray Beach Collective Bargaining Agreement ("AgreemenP') and who received only a portion of the recommended Performance increase shall receive a lump sum bonus. (a) Amount of Bonus -- The amount of the bonus awarded shal I be the amount of the performance evaluation recommended and not received. Example: Employee was recommended to receive a 3.5% performance increase, but only received a 2% increase. The employee will be entitled to a bonus of 1.5% of the base annual salary that he/she earned as of September 30, 2007. (b) Elieibility - In order to be eligible to receive the lump sum bonus, all of the following requirements must be met: The employee must have had an average or above average performance evaluation. 2. The employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year and shall not have had any at-fault accidents in excess of the current deductible observed by the City. 3. Effective Date of Agreement -This memorandum of agreement will become effective on the date that the successor collective bargaining agreement is ratified by both parties. Dated this day of December, 2007. Attest Chevelle Nubin, City Clerk Approved as to Form Susan Ruby, City Attorney City of Delray Beach, FL By: David Harden, City Manager Police Benevolent Association By: John Kazanjian, PBA President J MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: December 13, 2007 SUBJECT: AGENDA ITEM 9.ll -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 YROYOSALSNITURAL TOURS ITEM BEFORE COMMISSION Proposal from Sound Investments by J.W. Inc. d/b/a Pro DVD Makers and City's IT Department. BACKGROUND On November 6, 2007, the City Commission voted to terminate the contract with Pro DVD Makers, the company that provided the City with virtual tours of all City parks and facilities and the municipal beach and linked them to the City's website. On December 3, 2007, Sound Investments by J.W. Tnc., d/b/a Pro DVD Makers, submitted a proposal to the City wherein the City could obtain the domain name (www.TheCityofDelrayBeach.com) and retain all existing virtual tours in their current state for the City's use in perpetuity to be hosted on the City's website. This proposal was offered at twenty four thousand dollars ($24,000.00). The City's IT Department was contacted to see if they were equipped to host the virtual tours on the City's website and they suggested a second proposal. The City's IT Department proposed to create new virtual tours of all City parks and facilities and host them on the City's website for a cost of five thousand dollars ($5,000.00) (cost of camera equipment). Also, the City's proposal included publishing Che tours on a Flash Player (a faster media player) instead of the Java applet used by Pro DVD Makers. Also, it was suggested that the photograph resolution with the Canon ] 0.1 MP SLR to be purchased by the IT Department would likely be higher than that of Pro DVD Makers's photograph resolution from their camera equipment. Therefore, there are three (3) options: 1) Purchase the existing Virtual Tours and Domain Name (www.theCityofDelrayBeach.com)fmm Pro DVD Makers/Sound Investments for $24,000.00 or 2) Let the existing virtual tours expire and have the City's IT Department photograph the City's parks and facilities and beach a second time and create new virtual tours for the City's website for $5,000.00, or 3) Let the existing virtual tours expire and do nothing. FUNDING SOURCE If you decide to choose option 1, the funding source is Parks and Recreation Department If you opt for option 2, the funding source is the IT Department. RECOMMENDATION City Commission discretion. 12esczlution proposal Date of I'roposat: 12103!07 Name oi' Company: The City Of Delray Beach Address. 50 NW 1" Ave., Delray t3each [+L.., 33444 Phone Number: (561)-243-7251 Descrii7tion Sound Investments E3y J.V. inc. 112 south federal hwy t3oynton Each. Fl. 33435 Phone:S61-568-6238 The Y='ity of Delray Beach can retain ownershig of the Virtnat Tours with a remote !lost Sugplied By Sound Investments By .Lw. Inc.. The City viii be able to host them on the Cities Server and +vill have complete control over the media players look and Feel. The City tivill also be provided The Domain Name (www.'TheCitvOfDch•ayt3cach.corm that will be ideal i'or a Virtual Visitors Guide and will secure vour online identih~. The Virtnat Tours enhance your communications tp current residents, future residents, and visitors. "They alsa are a great way to generate revenue titraudh banner advertisements and are a great way tp showcase all the amenities pf the city. "The City of Delray Beach is wha your agency is and online, your identity should be clear. Your website is the mm~ber one form of communications in the rvorkl and should be www.TheCi#vt)}T)elravt3each.ccnn so ii is clear to the user what website they are visiting. Ownership Details 1.) A Remote host of ail The Cities Parks and Facilities Virtual'Tours 2.) TMe llpmain Name (w~i_w .TheCitvOfDeiravl3each.com) If The City chooses to purchase the Virtual Tours and Dpmain Name they will he able to do as they rr-ish with them Cor ever. Grand Total: $24,000.40 Please make check payable to: "Sound Investments By J4v Inc.", Page 1 oft Pyburn, Terrill From: Furment, Charles Sent: Wednesday, December 12, 2007 4:04 PM To: Pyburn. Terrill Cc: Buzzelli, Guy; Del Portillo, Ed Subject: RE: Virtual lours for City website Terrill, The City would provide the same concept as the ProDVD proposal The tour would be published with a more universally acceptable and faster player (Flash) rather than that used by ProDVO {Java applet ). Resolution of the shots would be higher than the original ProDVD shots (under the $5,000 budget we will be using a Canon 10.1 MP SLR) . In addition, the City would have 100% control of content and would be able to expand on it far far less than ProDVD would be able to provide. Thanks Tcrril, Chudes Funneat Office Automation Analyst City of Delray Beach 561-243-7f R9 From: Pyburn, Terrill Sent: Wednesday, December 12, 2007 11:47 AM To: Furment, Charles Subject: FW: Virtual tours for City website Charles, Can you provide me with a list ofwhat the City can provide in teens oFthe Virtual tours on the City's website so that we can put it boPore the City Cammission along with the Pro DVD proposal at the January 3rd City Commission meeting? Thanks. Terrill Pybum, Assistant City Attorney 200 NW 1st Avenue Delray Beach, Ft. 33444 {561)243-7090 12112/2{)O7 'J MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 20, 2007 SUBJECT: AGENDA ITEM 9.E -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 CHANGE ORDER NO. 2/WEST CONSTRUCTION, INC./MANGROVE PARK PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Change Order No. 2 in the net amount of $30,711.85 to West Construction, Inc. for construction of revised engineering and increase in length of the seawall, as a result of structural review, for the Mangrove Park Project. BACKGROUND Since Mangrove Park is a wetlands area, the preconstruction site evaluations and testing were conducted under restricted conditions; we were not allowed to enter the mangrove area. In addition, we were not allowed to do any clearing. The results of the initial testing indicated that the existing walls would need to be repaired. The original contract award included an amount for the repairs to the walls based on the limited testing results. However, the extent of the repairs could not be determined until we were approved to enter and begin construction; and conduct further evaluations as the actual soil and wall conditions were exposed. As a result of further evaluations, the consulting engineer recommended that the seawall at the boat ramp be replaced. On September 18, 2007, Commission approved Change Order No. 1 for the removal and replacement of the seawall. As a result of structural engineering review of the conceptual design of the new seawall, the following design changes are required: increase size and length of piling, increase total length of wall by 37 feet, decrease pile spacing, and increase anchor rod system. The final design of the new seawall was completed only after the 5na1 soils analysis was prepared. The cost of the final design of the new seawall is: $50,711.85. Change Order No. 2 also includes a credit of $20,000.00 for the alternate privacy wall south of the property line; therefore, the net amount of Change Order No. 2 is: $30,711.85. The pricing is commensurate with industry pricing. Staff recommends completing this scope of work to ensure a durable sea wall system. The contractor, West Construction, Inc., has provided a quote for the design work and a copy of the credit. An appropriate time extension of fourteen (14) has been requested. FUNDING. SOURCE Funding is available from #334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). RECOMMENDATION Staff recommends approval of a Contract Change Order No. 2 in the net amount of $30,711.85 to West Construction, Inc. for construction of revised engineering and increase in length of the seawall, as a result of structural review, for the Mangrove Park Project. CITY OF DELRAY~BEACH - ..CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2(Contraet Addition) ROJECT NO. 2001-007 DATE: PROTECT TLTLE: Mangrove Park - TO CONTRACTOR: WesrConatruciion, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS !u'dD SPECIFICATIONS FOR THIS PROJEC? AND TO PERFORIv1 THE. WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS ANU COVENANTS. Additional work required for. revised engineering and increase m~lebgth of the seawall as a resuh of structural review as per the attached Schedule "A"; and a contract extension of fourteen (14) days. SUMMARY OF CONTRACT AMOUNT ORFGINAL CONTRACT AMOUNT ~ $2,113,603.92 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 5206.269.25 ADJUSTED CONTRACT AMOUNT PRFOR TO TEBS CHANGE ORDER $2,314,873.17 COST OP CONSTRUCTTON CHANGES THIS ORDER $30 711 85 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 52,350,585.02 PER CENT INCREASE THIS CHANGE ORDER 5.45% TOTAL PER CENT INCREASE TO DATE 1121% TOTAL CONTRACT TIME WII.L BE INCREASED BY 34 DAYS .. CERTIFIED STATEMENT: I hereby certify chat the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and m proper ratio to the cost of the original work contracted for under benefit of competitive bidding. West Construction, Inc. (Cotrtractor to sign & seal) TO BE PILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available From account: 334.4174-572-63.90 DEPARTMENT FUNDING CERTIFIED BY DELRAY HEACH, FLORIDA by its City Commission RECOIvLv1END: Envirorvnental Services $Y APPROVED: ATTEST: By. _ City Attorney City Clerk s~.w~MmmosroiK+.noo~uaor.aonoE'r'~eue.~eoiwmeL Oiaweeec ~c~.@~~R. ~ .~ry Project rnfarmatfon ~ ~ _ ~; - ! ;~: Change Proposal Request -~-~ Project# 07-971 ~ CPR# 007 Tnfe Intracoastal Padc(Mangrove Park) ' Issue Date Nov 09, 2007 Addreea 1211 S. FEDERAL HIGHWAY Subject revised SW-1 Sea Wail Q City, State, Zip DELRAY BEACHFLORIDA33444 Boat Ramp Contact Chds[opher Caprlo Company WEST CONSTRUCTION, INC. Address 318 SOUTH DIXIE MNY. SUITE 4 & 5 Cky, State, Zip LAKE WORTH, FL 33460 Phone 565588-2027 Fax t-561-582-9419 Contact Rafael Ballesteros Company CITY OF DELRAY BEACH Address 200 SW 6th sVeet ~ CHy, State, Zip DELRAY BEACHFL33444 ~~ Phone 561-243-7300 Fax 561-243-7314 -D`iscripuorr oflhl$~'{oposedehenye; - - ~ - added costs for revised engineering and total linear footage of new Sea Wall per drawings SW-1 dated 9YL7/07,50/23/07. Increase size anal length of pileing,increased total lenght of waB by aprox. 37 ft., decreased pile spac}ng. increased anchor rod system. Net Amount of this Proposed Change: 50 791.05 The Contract Time due to this Change Proposes Request has increased by'14 Working Days This doament, when fusty ezewted as accepted, shah constitute authorization to proceed with the work described herein. Submitted By Response: ^ Accept ^ Do Not Accept WEST CONSTRUCTION. INC - CITY OF DELRAV BEACH Company Company Date By Date Cot jpa¢,X Financrel a~~&lieduT~f~~a'c_t i7;g~rls ~ _ "'. y: - r- , 1 SubstiWte 14 x 14 piling for 12 x 12 1 Is $44,150.00 $44'150.00 decreased pile spacing incmase anchor rod for 1 114" to 1 112" increase ten tl1 of wall 371n R. 2 excavate and mmove debd at extended wall location 1 Is $3,200.00 $3,200.00 3 OH&P ~ 1 LS $2 7.50 $2,367.50 4 bond 1 LS $994.35 $994.35 CPR FinarxJal Imoad = $5D.711.85 CC: Change Orderflle 1 b18N7 ~ Page ? of 7 ~~,t ~, CC>N5'F~.UCT~C7N TECHNO~.C7GY, INC Decembrr 19, 20D7 West Consttuction, Inc. 31 R $. Dixie Hdy., Suite 45 Lake Worth Fl. 33460 :A.ttn' Chris Capria ItE: City of Delray Beach NTangtrove (Intracoastal}dark Dear Mr. Capdo: The £oklowin$ is a revised brcakdmvu o£the added costs £ortiae seawail adjacent to the boat ramp as per the changes flrom Alan Gercvig's original cenceptua(sketch £or pricing (attached) and the £lnal car,siavaion drawings issued. i. Substitute 14'°x14" pilings for 12" x 12" 2. Decreased pile spacing 3. Increase anclwr and ;For l 14" ~ to 1 %z" 13 4, Increased piling lerigtlr 5. Increased length ofwall by 37 feet Tota1,A dditionai Cost Add $ 3,060.00 Add $ 2,496.D0 Acid $ 450.00 Add $ .1,890.00 Add $36.260 OS7 $44>154.00 Please advise in a timely manner s0 we caa proceed with casting the paneis. Sincerely, COUCTlO~h1~[~7~OLOG1; INC, Syd Hobbs, Vice I'residerrt P,O. BOX 16578 • WEST PALM BEACH, FLORIDA 33416.6576.581-862-9696 • Fnx 561.882-9697 4411 BEACON CIRCLE, SU{TE 3 • Wt:57 PALRA BEACH, (133407 rage t of t Kucmerowski, Carolanne From: Ballestero, Rafael Sent: Friday. December 14, 2007 8:19 AM To: Kucmerowski, Carolanne Cc: Diaz, Jabiel subject: FW: Additional site wall redesign Importance: High Carolanne: Below is Jose's justification of the seawall extra costs. Please prepare an Agenda item for this. Along with this item, 1 want to include a site wall credit. Bob and I can provide you with both quotes. Thanks, Rafael C, Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 batlestero(a~ci.tlelrav-beach.fl. us From: Jose Aguila [mailto:jose@curriearc.mm] Sent: Thursday, December 13, 2007 4:32 PM To: Ballestero, Rafael Cc: Diaz, Jabiel Subject: Additional site wall redesign Importance: High Rafael, I provided a copy of what the contractor provided for the additional cost for the wall after the design was comple#ed to Rebecca Travis who in turn sent it to her structural engineer for review and comment. The following statement was made: The price ojthe additional wall is just under $1000/LF. This value is wilhin reason and does not really throw uy any huge flags. There is some missing information form the item list but the prices seem to be representative of the design changes mnde. The design ofthe wall did change which nmv includes additional length of wall and 7ft spacing in place oj8ff. Also, the depth of the piles did increase to a depth of 25ft. Based on the information provided, the request seems fair and representative of the final design requirements which was completed only after the soils analysis was prepared. I would recommend that the city accept the request. Please let me know if you need anything else from me, thank you. JosB N. Aguila, AIA, Principal Currie Sowards Aguila Architects 561-276-4951 www.curriearc.com 12/14/2007 J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 9.F -REGULAR COMMISSION MEETING QF' JANUARY 3,.2008 APPOINTMENTS TO THE BUDGET TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Budget Task Force. BACKGROUND On November 6, 2007, the Delray Beach City Commission adopted Resolution No. 63-07 establishing the Budget Task Force for the purpose of reviewing the City's budget for six (6) months and making recommendations to the City Commission regarding salaries and benefits, operating expenses, debt service expenses, capital outlay grants to other entities and transfers to other funds. The Budget Task Force shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, certified financial planner, investment advisor, insurance professional (may be property/casualty or health), business owner/manager or someone with an MBA or MPA degree. The remaining four (4) members may be at large. 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 with the exception of Mr. Daniel Garrido who has an open civil citation violation regarding watering on an improper day and Ms. Patricia Maguire who has an open civil citation violation regazding watering at an improper time. The case history reports are attached for your review. Voter registration verification was completed and all are registered with the exception of Mr. Richard Corbin who is registered to vote in Leesburg, Florida, Mc Keith Snider who is registered to vote in Broward County and Mc Daniel Garrido who is registered to vote in Dade County. Based on the rotation system, the appointments will be made as follows: Expiration Date Commissioner/Mayor to appoint Six month term (regular member) Six month term (regular member) Six month term (regular member) Six month term (regular member) Commissioner Eliopoulos (beat # 1) Commissioner Fetzer (Seat # 2) Commissioner McDuffie (Seat # 3) Commissioner Montague (Seat # 4) Six month teen (regular member) Six month term (regular member) Six month term (regular member) MayonEltis ~Seat# 5) Commissioner Eliopoulos (Seat # 1) Commissioner Fetzer (Seat# 2) Six month term (alternate member) Commissioner McDuffie (Seat # 3) Six month term (alternate member) Commissioner Montague (Seat # 4) RECOMMENDATION Recommend appointments of seven (7) regular members and two (2) alternate members to the Budget Task Force for six month terms. BUDGET TASK FORCE EXHIBIT A Applicant Occupation Peter Arts Insrnance Agent (crmerrtly serving on the Community Redeveloprrent Agency) Mark Behar Business Owner (currently serving on the Code Enforcement Board) Marlene Brown Business Owner Kristen Christensen Business Owner-Financial Services (ctrrently serving on the Civil Service Board) Richard Corbin Business Owner-President/CEO/Chartered Financial Consultant Shannon Dawson Business Owner/Real Estate Consultant Mark Denkler Business Owner-President (currently serving on the Parking Managemexrt Advisory Board) Diane DeSantis Hoffman Business Owner Vincent Dole Investment Firm Partner/MBA (crurently serving on the Public Art Advisory Board) Howard Ellingsworth Accounting Partner/CPA (also applying for the Green Task Force) Leonard Epstien Self-employEd/Retired Gerald Franciosa Law Enforcement-retired (also applying for the Police Advisory Board, Code Enforcement Board and the Education Board) Philip Friedman Finance/Retirecl/MBA (currently serving on the Nuisance Abatement Board) Daniel Garrido Mortgage Loan Consultant (also applying for the Green Task Force) Jennifer Garrison Consultant-Self employed (also applying for the Green Task Force) Alberta Garen-Rickard Project Coordinator BUDGET TASK FORCE EXHIBIT A John Hallahan Assistant Director of Operatrons/MBA (also applying for the Police Advisory Boazd) Hansford Higginbotham Management Executive/Financial Advisor/MA-Finance William Himrrelrich Business Owner/President Allen Huntington Accounts Payable Specialist/MBA Steven Janssen Finance/NL~Investment Management Gaston Joseph Financial Service Associate (currently serving on the Neighborhood Advisory Councfl) Lynn Klein Independent Healthcare consultant/Finance/MBA Todd L'Herrou Business Owner (currently serving on the Nuisance Abatement Board) Andrew Luchey Mortgage-President/Passed CPA Exam Patricia Maguire Public Relations-Editor/MBA Fran Marincola Business Owner/Semi-retired (currently serving on the Parking Management Advisory Board & the Downtown Developrrent Authority) Eileen Marks Banking Retired (currently serving on the Nuisance Abatement Board; also applying for the Police Advisory Board) Robert Moore Financial Management Consultant-President/MBA Jeremy Office Associate Director/Wealth Management Advisor/MBA/Certified Financial Planner Jerry Rabinowitz Business Owner-Photography Albert Richwagen Business Owner Alexander Simon Investment Advisor-President/MBA (currently serving on the Police and Fire Fighters Retirement System Board of Trustees) James Smith Finance-Retired/MBA Keith Snider Architect-President (currently serving on the Historic Preservation Board) BUDGET TASK FORCE EXHIBIT A Jess Sowards Architect-Principal Harvey Starin Real E state Broker/MBA (currently serving on the Board of Adjustment) Warren Trilling Financial Consultant/Retired/CPA Newyork Karla Vaillancourt Graphic Operations Manager (also applying for the Code Enforcement Board) Franklin Wheat Business Owner (currently serving on the Community Redevelopment Agency) Andrew Youngross Business Owner-EngineeringPrincipal (currently serving on the Site Plan Review and Appearance Board) J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITF,M 9.G -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Code Enforcement Board. BACKGROUND The term for Mr. Beril Kruger will expire on January 14, 2008. Mr. Kruger will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for a regular member to serve a three (3) year term ending Januazy 14, 2011. Ms. Kelli Freeman and Mr. George Thacker are both alternate members and would like to be considered for regular membership. All members of the Code Enforcement Board must be residents of the City. Appointments to both regulaz and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regulaz and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. Currently the Board does not include engineer, subcontractor, or realtor designations. The following individuals have submitted applications and would like to be considered for appointment: Mackenson Bernazd -Business Owner-Real Estate Attorney Gerald Franciosa -Retired-Law Enforcement (also applying for the Budget Task Force, Police Advisory Board and the Education Board) Kelli Freeman -Staffing Manager (Incumbent) Pearl Markfield Elrod -Realtor George Thacker -Accounts Manager (Incumbent) Karla Vaillancourt -Graphic Operations Manager (also applying for the Budget Task Force) A check for code violations and/or municipal liens was conducted. None were found. Vo[er registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (l) regular member to serve a three (3) yeaz term ending January 14, 201 ]. RECOMMENDATION Recommend appointment of one (1) regular member to the Code Enforcement Board for a three (3) year term ending July 14, 2011. CODE ENFORCEMENT BOARD 10/07 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FII,LIN(U 01/14/2010 Susan Kay Case Manager Layperson npr>t m /oz/m ait uncap apps o3/ns/o7 reg 01/14/2010 Stanley Brodka Financial Business Person uncsp nppt n9/us/ue Services/Retired Itca UI7 /02/U7 Rc 01/14/2010 David Hawke, Chair Architect Architect Uncap Appt ~» /07/f13 Une~p Regular ,\ppt 04/is/l13 Rcappt Ot /U6/04 Rcu tUt/02/(17 01/14/2008 Beril Kruger Planner Business Person Unesp Appt 07/24/01 npprua/uz/uz Rca tlq/04/US 01/14/2009 Robert Marks Construction General Contractor u~<.p nit npprat/o7/u3 Uncap Reg ,1ppt U4/ 15/11.4 Rca N)2/07/OG 01/14/2009 Anthony Veltri Retired/General Business Person nrt nppt nt/uz/ot Adjuster Une~p Regular rAppt 02/02/01 Rcappt 0l/07/03 Rea 101/[7/06 01/14/2009 Mark Behar, Vice Chair Property Mgmt. Business Person Appt. 09/09/03 alt Unesp Appt 10/05/04 Rcappt 02/07/06 ALTERNATES I 01/14/2010 Ke1liFreeman Staffing Manager Layperson unesp nppt ru/z/o7 917 Banyan Drive Delra Beach, FL 33483 01/]4/20]0 George Thacker Accounts Layperson unezp nppt trs/za/o7 2403-C Lowson Blvd. Manager Delray Beach, FL 33445 Contact: Danise Cleckley 243-7213 S/City Clerk/Board 07/Code Lnfomcment Ibard J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 9.H -. REGULAR COMMISSION MEETING OF JANUARY 3, 2005 AYYOINTMEN'I'S TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Education Board. BACKGROUND Mc Adam Davis submitted his resignation from the Education Board effective November 15, 2007. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending July 31, 2009. Additionally, there are two (2) vacancies for student members to serve partial terms ending July 31, 2009, and 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, the appointments will be made by Commissioner McDuffie (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2009, Commissioner Montague (Seat #4) for one (1) student member to serve a partial term ending July 31, 2009, and Mayor Ellis (Seat #5) for one (1) student member to serve a partial term ending July 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Education Board for an unexpired term ending July 31, 2009, and two (2) student members to serve partial terms ending July 31, 2009, and July 31, 2008. Cobb, Venice From: Meeks, Janet Sent: Friday, November 16, 2007 9:42 AM To: Cobb, Venice Subject: FW: Emailing: principal fora day photos 001, principal fora day photos 002, principal fora day photos 003, principal fora day photos 004, principal for a day photos 005, principal for a day photos 006, principal fora day photos 007, principal fora d Please see note below from Adam Davis. He is resigning from the Education board -----Original Message----- From: Adam Davis [mailto:adam.davis@delraylibrary.orgl Sent: Thursday, November 15, 2007 2:59 PM To: Meeks, Janet Subject: PW: Emailing: principal for a day photos 001, principal for a day photos 002, principal for a day photos 003, principal for a day photos 009, principal for a day photos 005, principal for a day photos 006, principal for a day photos 007, principal for a d «principal for a day photos OOl.jpg» Ja «principal for a day photos 002.jpg» ne «principal for a day photos 003.jpq» t «principal for a day photos 004_jpg » -- «princi.pal for a day photos OOS.jpq» «principal fur a day photos 006.jpq» «principal for a day photos 007.jpq» At «principal fcr a day photos OOB.jpq » to «principal for a day photos 009.jpq » ch «principal for a day photos OlO.jpy » ed «principal for a day photcs Oll.jpy » y «principal for a day photos 012.jpg » ou «principal for a day photos 013.jpg » '1 «principal for a day photos 014.jpg » 1 «principal for a day photos 015.jpg » fi «principal for a day photos 016.jpy » nd «principal for a day photcs 017.jpy » t «principal for a day photos 01H.ipg » he pictures I 1-.onk of Ken S Marjorie from Principal for a Day. On another note, I'm afraid that I'm going to have to step down as a member of the Education Board. I've enjoyed my year-long tenure on the board, and unequivo ca lly believe in its mission. However, I find my free time shrinking more antl more, and don't believe that I can put in the time and work that this Board deserves. I appreciate all of your dedication to education in the city, and hope that you'll call on me anytime you have a need that the librarycan fulfill. Sincerely, Adam S. Davis Head of Reference Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33944 adam.davis@delraylibrary.org (ph) 561-819-6905 (f) 561-266-9757 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 10/07 EDUCATION BOARD TERMEXPIRES NAME &ADDRESS OCCUPATION 07/31 /2009 Catherine DeMatto unexp apps oz/zo/o7 Training & Development/ Reappt 07/24/07 Marketul & ales 07/31/2008 GeraldCrocilla App os/ol /ob Educator 07/31/2008 Debra Kaiser app o7/O6/o4 Re~ppm/u/ob Executive Qtlali 07/31/2008 Kenneth Zeno app os/o] /ab Reapp 08/07/07 Training Consultant/Educator 07/31 /2008 Harold Van Amem, Vice Chair U~xp App 12/13/05 Rex m/n/ob Develo 07/31/2008 PeggylVfinphy,ViceChair ~ ~/~/~ R~ppt 07/11 /ob Director 07/31 /2009 Susan Sikich app m/os/os aeapp os/m/m Associate Director 07/31 /2009 Sandra Tobias, Chair Unexp App 02/21/U6 Reappt 07/24/07 Real Estate/Educator 07/31 /2009 Perry Stokes Unexp Apps 01/03/06 Reappt o7/z4/m Educator 07/31/2009 Unexp Apps Vacant 07/31/2009 Mazlo Belldn Unexp App 01/03/06 Reappt 07/24/07 Educator STUDENT MEMBERS (one term limit) 07/31/2009 2 YEAR TERM Vacant 07/31/2008 1 YEAR TERM Vacant CITY REPRESENTATIVE: COMMISSION LIAISON: Janet Meeks -Education Coordinator 243-7231 Cotmissioner Fred Fetzer (Prinlaty Member) Commissioner Nelson McDuffie (Alternate Member) EDUCATION BOARD EXHIBIT A Applicant Background Keren Eckstein Student Bernard Federgreen Director of Operations (currently serving on the Board of Adjustment) GeraldFranciosa Retired/LawEnforeement/Accounting (also applying for the Budget Task Force, Code E nforcement Boazd and the Police Advisory Board) Philip Friedman Assistant Financial Aid Dimctor (currently serving on the Nuisance Abatement Board; also applying for the Budget Task Force) Gaston Joseph Financial Service Associate/School Language Facilitator (currently serving on the Neighborhood Advisory Council; also applying for the Budget Task Force) Tam Knight Sara N1Qjia Derline Pierre-Louis Peter Ra}rroft Retired-Educator Student President Educator iJ MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: SUBJECT: December 26, 2007 AGENDA ITEM 9.I -REGULAR COMMISSION MEETING_OF JANUARY 3, 2008 APPOINTMENTS TO THE GREEN TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Green Task Force. BACKGROUND On November 20, 2007, the Delray Beach City Commission adopted Resolution No. 67-07 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planking and xeriscaping; and best practices to be considered for implementation in Delray Beach, including long-term strategies. The Green Task Force shall consist of seven (7) members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found with the exception of Mr. Daniel Garrido who has an open civil citation violation regarding watering on an improper day. Voter registration verification was completed and all are registered with the exception of Yalmaz Siddiqui who is registered to vote in Canada and Mc Daniel Garrido who is registered to vote in Dade County. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint Six month term Commissioner Eliopoulos (Seat # 1) Six month term Commissioner Fetzer (Seat# 2) Six month term Commissioner McDuffie (Seat# 3) Six month term Commissioner Montague (Seat # 4) Six month term Mayor Ellis (Seat # 5) Six month term Commissioner Eliopoulos (Seat# 1) Six month term Commissioner Fetzer (Seat # 2) RECOMMENDATION Recommend appointment of seven (7) regular members to the Green Task Force for six month terms. GREEN TASK FORCE EXHIBIT "A" Edward Bispham General Contractor & Builder Jestena Boughton Business Owner-Manager/Landscape Architect Caroline Cassidy Staff Personnel (currently serving on the Kids and Cops Committee) Wyana Claxton Psychotherapist Ana DeMelo Project Manager/Civil Engineering Howard Ellingsworth Public Accountant-Partner (also applying for the Budget Task Force) Daniel Garrido Mortgage Loan Consultant (also applying for the Budget Task Force) Jennifer Garrison Consultant-Self employed (also applying fox the Budget Task Force) BrendaJafEee Speech Pathology Rita Johnson Business Owner-CF.O Jayne King Educator-Retired John Koenig Business Owner-Restoration Services Sarah Martin Special Event Project Manager George Maso Real Estate Associate Francisco Perez-Azua Architect-President Suzanne Schenkel Natural Resources Conservation-Retired Nancy Schneider Planning Technician (currently serving on the Parking Management Advisory Board) Yalmaz Siddiqui Environmental Strategy Advisor Dan Sloan Project Manager/Certified Genera] Contractor/Registered Green Certifying Agent Joseph Snider Business & Project Manager/LEED Coordinator Barbara Jean Walsh Seminar & Training Manager Kenneth 7eno Program Director EXHIBIT "A" Thuy Shutt Assistant Director / Westgate/Belvedere Homes CRA John Whitfield Palm Beach County, Urban & Regional Planner, Redevelopment Planner II J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 9.J -REGULAR COMMISSION METING OF JANUARY 3, 2008 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Parking Management Advisory Board. BACKGROUND There is a vacancy on the Parking Management Advisory Board for a representative of the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95. The term is for two (2) years ending January 31, 2010. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individual has submitted an application and would like to be considered for appointment: Alan Komblau Library Director A check to confirm that he is a registered voter was completed. He is registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (I) regular member to serve a two (2) year term ending January 31, 20]0. RECOMMENDATION Recommend appointment of one (1) regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2010. PARKING MANAGEMENT ADVISORY BOARD 10/07 TERM MEMBERS CATEGORY EXPIRES 08/31/09 Charles Halberg P & Z Appt va/zo/m Ratified ]o/z/m OS/Ol/O8 David Cook Chamber of Commerce Apps o7na/o6 Ratified (11f/15/06 07/01/09 WilliamBratuling CRA Appt 07/26/07 Ratified OS/2] /07 09/30/08 Peter Perri WARC Unexp App[ 05/10/06 Ratified 07/11/06 Reappt 09/13/06 ' Ratdied l2/12/06 08/01/08 HermulStevens DDA Urexp Appt (X/12/06 Ratified 07/11 /06 Reappt 07/20/06 Ratified OH/05/06 Ol /31 /08 Mark Denkler, Vice Chair Atlantic Avenue Corridor Appt °2/21 /06 Between Swinton Avenue and the Intracoastal 01 /31 /08 Atlantic Avenue Corridor t>~p `~ Between Swinton Avenue and Vacant Interstate 95 Ol /31 /08 Bonnie Beer Atlantic Avenue and State u~exp Appt os/o] /o7 Road AIA Corridors and lying East of the Intracoastal Watenva Ol /31 /08 Cecelia Boone Old School Square Umxp Appt 03/2] /06 Historic Arts District 01 /31 /09 Nancy Schneider Gtizen-at-Large Appt m/m/o3 R 01/04/05 O1 /31 /09 Troy Wheat, Chair Citizen-at-Large App[ Ol /06/04 Unexp Reapp[Ol/04/05 Reappt Ol/02/07 Contact: Scott Aronson -Parking Management Specialist 243-7196 Cornrnission Liaison Commissioner GaryEliopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 10/07 TERM MEMBERS CATEGORY EXPIRES 08/31/08 Joe Pike Appt 08/'8/06 315 Lake Eden Wa P & Z aaet~ed to/a/o6 Delra Beach, FL 33444 08/01/08 Chamber of Commerce acant 07/01 /08 Peter Arts ^~ 06/08/06 1746 Fem Forest Place CRA ual;t~ed mnl/o6 Delra Beach, FL 33445 09/30/08 eginaldCox ijob/o6 e ~' a ~ 15N1N2"dStreet WARC n an f, am jl aeappt n9/la/o6 elray Beach, PL 33444 Ratified ]2l12/W 08/01 /O8 ran Manncola nil m/zo/o6 1138 Vista Del Mar Drive DDA ~~led mns/oe elray Beach, FL 33483 Contact: Scott Aronson -Parking Managei~nt Specialist 243-7196 Cominiasion Liaison Colrunissioner Gary E liopoulos J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 9.K -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 AYYOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Police Advisory Board. BACKGROUND The terms for Ms. L'Tanya Allen, Mr. Joseph Ferrer, Mc Jose Ramirez, Mr. Charles Ridley, Mr. Shelly Weil and student member Vanessa Francois expired on December 13, 2007. Mr. Joseph Ferrer and Mr. Shelly Weil have served two (2) year terms, are eligible and would like to be considered for reappointment. Vanessa Francois has served a partial term, is eligible and would like to be considered for reappointment. Ms. L'Tanya AIIen, Mr. Jose Ramirez and Mr. Charles Ridley have served two (2) year terms and would not like to be considered for reappointment. Thus there are vacancies for five (5) regular members and one student member to serve two (2) year terms ending December 13, 2009. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercatur Guerrier and Mr. Samuel Menard. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint December 13, 2009 (two year term) Commissioner Eliopoulos (Seat #1) December 13, 2009 (two year term) Commissioner Fetzer (Seat #2) December 13, 2009 (two year term) Commissioner McDuffie (Seat #3) December ] 3, 2009 (two year term) Commissioner Montague (Seat #4) December 13, 2009 (two year term) Mayor Ellis (Seat #5) December 13, 2009 (two year term) Commissioner Eliopoulos (Seat #1) -Student Appointment RECOMMENDATION Recommend appointments of five (5) regular members and one Q) student member to the Police Advisory Board for two (2) year terms ending December 13, 2009. o~im POLICE ADVISORY BOARD TERM EXPIRES NAMES 12/13/07 L'Tanya Allen n~~t iz/ts/os 12/13/08 Annette Annechild npp~ iz/ts/os 12/13/05 Sharon Austin ni~~~ tz/~s/os 12/]3/08 Joshua Bressler npp~~z/ts/us 12/13/07 Joseph Ferrer npp~ tz/t3/os 12/13/08 John Jackson Appt 12/13/115 12/13/08 Jose Herrera, Vice Chair ua~x~e~,p~ oe/zo/ne 72/13/07 Jose Ramirez Appt l2/13/05 12/13/07 Charles Ridley, Chair n~~G t2/ts/os 12/13/08 Jimmy Weatherspoon nppt tz/~s/t~s 12/13/07 Shelly Weil npp~ m / n/oa 12/13/07 Vanessa Francois Unexp Apps 6/19/117 Student 12/13/08 Grace Maybee Gnexp Appt 06/19/07 Student POLICE ADVISORY BOARD APPLICANTS EXHIBIT °'A" 1. AI-Khafa i, Sinam Minority Resident 2. Claxton, W Cana Resident 3. Dolan, Donald Resident 4. Dollard, anon Resident/Business Owner 5. Earle ~, Walter Haitian Resident 6. Feder reen, Bernard Resident 7. Feno lio, Laura Resident 8. Perxex, ose h Incumbent Resident/Business Owner 9. Forrest, Carl Resident 10. Franciosa, Gerald Resident 11. Francois, Vanessa Incumbent Resident 12. Guexxiex, Mercatur Resident ] 3. Hallahan, ohn Resident 14. In ram, ose h African American Resident 15. LaManna, Gxe o Resident 16. Ma'or-Hanna, Ellen African American Resident 17. Marks, Eileen Resident 18. Maso, Geox=e Resident 19. Menard, Samuel Resident 20. Monahan, Matthew Resident 21. Pom ilus, Anax Non-resident/Teacher 22. Pxiox, Linda Resident 23. Sachs, Maria Non-resident/Works in Cit 24. Shackman, Kath ~ Resident 25. Shell, Robert Resident 26. Weil, Shelly Incumbent Resident J MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 19, 2007 SUBJECT: AGENDA ITEM 10.A -REGULAR COMMISSION MEETING_OF JANUARY 3, 2008 ORDINANCE N0.3S-07 ITEM BEFORE COMMISSION Consideration of City-initiated amendments to the Land Development Regulations which intend to clarify the current regulations, provide pazameters, and define compatible development within the City's five (5) historic districts and individually designated properties. BACKGROUND Given concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented asix- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studio) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepazed a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The LDR amendments were drafted and presented as Historic Preservation Design Guidelines which the Historic Preservation Board reviewed at its November 1, 2006 meeting and recommended approval. The Planning and Zoning Board reviewed these guidelines at their meeting of November 20, 2006, where a recommendation of approval was made to the City Commission. Additional revisions were made prior to consideration by the City Commission and the Board re-reviewed the Ordinance at its February 26, 2007 meeting where a motion to approve the amendments failed by a vote of 0-6. When the City Commission considered the amendments on Mazch 20, 2007, a motion to approve was denied on a 3-1 vote and the City Commission made specific suggestions to Staff which included review of the proposed amendments through a charrette process between Staff and local design professionals. The charrette was held in May, 2007 when approximately ten (10) local design professionals participated in a design exercise to apply the proposed guidelines to specific properties located within the historic districts. This process included a discussion of how the Ordinance could be improved. Since that time, numerous revisions were made in an attempt to address everyone's concerns, and although a revised ordinance ultimately received a recommendation of approval from the Historic Preservation Board, there was still considerable opposition from some property owners in the district and local design professionals. The Planning and Zoning Boazd considered the revised Ordinance at its August 20, 2007 meeting and recommended denial on a unanimous 7-0 vote. The Boazd had extensive discussion centered on the requirements for new development to be analyzed based on compatibility with immediately adjacent structures (i.e. survey area). Significant opposition to this requirement was expressed by members of the public and members of the Planning and Zoning Board. The main objections appeared to focus on three key concerns: a perception that the requirement will be labor intensive for applicants and their design professionals; that it has the potential to impose different development thresholds on similar lots within a district; and lastly, that it would not address the unique characteristics of individual districts (i.e. same requirements for all districts.) To address the issues with the survey area, Staff undertook a complete analysis of each and every lot within all five districts. From this information, we were able to determine average number of stories, average building lot coverage and the average floor area ratio of each district. From these numbers, it was possible to generate the averages per district which can then be utilized in lieu of individual survey area figures. This methodology addresses all three concerns relating to the use of survey areas, in that all additional work was completed by Staff; the compatibility thresholds would be the same throughout each district (i.e. based on district averages); and the thresholds would be different between districts, based on individual district averages. Staff also did a comprehensive review of the entire Ordinance in an attempt to make it more understandable. It is also noted that the amendments dealing with demolitions in the historic districts were moved into a new Ordinance which is being considered separately. A City Commission workshop was held on October 4, 2007 to discuss the status of the amendments and Staff's approach to addressing the concerns of the Planning and Zoning Board and the local design professionals. Workshops were then held with both the Planning & Zoning Boazd and the Historic Preservation Board in November, at which time Staff made presentations to discuss how the Ordinance was being modified and to solicit input from the Boards. In summary, the proposed amendments include "regulatory tools" to more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards" as contained in LDR Section 4.5.1(E)(8)(a-o). These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front and side facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. The standards also address Lot Coverage, based on the average of each district. Maximums for each district aze proposed and some additional flexibility and incentives are recommended to encourage additions versus demolitions on Historic structures, retention of oue story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which determines that the height from Finished floor elevation to the top of the beam shall not exceed fourteen feet (l4'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives" aze also proposed for all residential development applications which require compliance with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (] 8'). Additional proposed LDR revisions provide clarification that the Historic Preservation Boazd is not limited by the zoning district regulations and may apply other standards in order to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the existing Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." A complete summary of the changes is included in the attached Planning and Zoning Staff report. Major changes addressing concerns with the previous ordinance include the following: • LDR Section 4.5.1(E)(2) Major and Minor Development -Added language to classify development as either Major or Minor and included a table for additional clarification. The prior Ordinance used confusing descriptions of Type A and Type B development. • LDR Section 4.5.1(E)(8)(j) Scale of a Building -Clarified determination of compatibility pursuant to type of development proposal; removed references to Type A and Type B development and the use of the survey area included in the prior Ordinance; and eliminated "Angle of Vision" standard included in prior Ordinance and substituted requirements for offsets in the front and side facades. • LDR Section 4.5.1(E)(8)(m) Lot Coverage -Added lot coverage requirements related to averages in each historic district. Maximums for each district are proposed at 5% over the average, except for the West Settlers District, which is proposed at 8°~0 over the average. Additional flexibility and incentives are recommended to encourage additions versus demolitions of Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. Removed references to Type A and Type B development and the use of the survey area included in the prior Ordinance. •LDR Section 4.5.1(E)(8)(n) Number of Stories - Added a calculation method for determining the number of stories and set the maximum number of stories allowed based on 0.5 stories over district averages. REVIEW BY OTHERS • The Downtown Development Authority (DDA) reviewed the amendments at its December ]0, 2007 meeting and unanimously recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its December 12, 2007 meeting and unanimously recommended approval. • The Community Redevelopment Agency (CRA) reviewed the amendments at its December 13, 2007 meeting and unanimously recommended approval. • The Planning and Zoning Board considered the amendments at its December 3, 2007 meeting, and continued the item. On December 17, 2007, the Board unanimously recommended approval (5 to 0) of Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. • The Historic Preservation Board (HPB) considered the amendments at its December 6, 2007 meeting, and continued the item. The Board recommended approval of the Ordinance by a 4 to I vote on December 19, 2007. Since both the Planning and Zoning Board and the Historic Preservation Board originally continued the item, staff was able to present the proposed ordinance at their meetings highlighting the initial differences supported by the two Boards. After discussion of these differences at the meetings, both Boards recommended approval of the current ordinance as presented to the City Commission, with one exception dealing with garages and carports. Section 4.5.1(E)(3)(a)(2)(i), located on page 14 of the ordinance, originally read as follows: i. The orientation of garages and carports shall be consistent with the majority of such structures within the district. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. The Planning and Zoning Board felt that there could be a direct conflict between the first and second sentences and recommended elimination of the first sentence. The Historic Preservation Board wanted to retain the first sentence, but also recognized the potential conflict. To address this issue, it was decided at the meeting to reword the section as follows: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. This language, which was supported by the Historic Preservation Board, addresses concerns over conflicts expressed by the Planning and Zoning Board. RECOMMENDATION By motion, approve on first reading Ordinance No. 38-07 for City-initiated amendments to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five (5) historic districts and individually designated properties, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 38-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSF.CPK)N 2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND. IN HISTORIC DISTRICTS", PROVIDING CLARIFICATION OF THE REQUIREMENTS AND PROCF.llURES FOR OBTAINING A CERTIFICATE. OF APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DTSTRIC'1'S AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF 'fHE INTERIOR'S STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RF,CORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 433, "SPECIAL REQUIREMENTS FOR SPECIFIC USF,S", SUBSECTION 433(Q), "GUEST CO'1"PAGE", TO PROVIDE THAT HEIGHT SHALL NOT EXCEF.ll THAT OF THF_ MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING LOTS NOT ASSOCIATED WITH A USE. MUST BE PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMF..NDING SECTION 4.5.t, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS 4.5.7 (B), "CRITERIA FOR DESIGNATION OF' HISTORIC SITES OR DISTRICTS", 4.5.1(Ia:), "DEVELOPMENT STANDARDS", AND 4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECT TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW llEFINITION FOR "HARDSCAPE", AND T'O PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A SAVINGS CLAUSE, A GENF.IUIL RLsPEALER CLAUSE AND AN EFFF,CT'IVF. DATE. WHEREAS, the Ciry Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the Ciry of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City fox the welfare of fumxe generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/ox individually designated historic properties; and WHEREAS, the City Commission of the Ciry of llelray Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance fox those citizens that live or own property in historic properties/districts. WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards including but not limited [o: height, width, scale, mass, fa4ade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and zoning district regulations shall serve as a maximum upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied to pxopexdes within all historic districts in the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Cexti&cate of Appropriateness for Historic Sites, Stmctures and in Historic Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for Individually Designated Historic Structures, Sites and all Properties Located within it3 Historic Districts: ORD. NO. 38-W (1) Rule: A Certificate of Appropriateness shall be required for the fo0owing activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: 1,...:..,, 8.~.....J _rc~ccxr ~ vvuIv ~~ Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board ox the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. (f}~ Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural fearuxes (and interior architectural features in the case of designated historic interiors), landscape features, ox site improvements, except for those items specifically exempted by a fist promulgated by the llirectox. \"/~ e r,._r c.,.,..... ..c e__"~_":,..,,..,,,.,. ..wai a..,. l,o req;:ir:.d f:,r aAny material change in existing walls, fences, sidewalks, hardscane features and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, stmcture, ox site, or any building or structure within a historic district or in kind replacement of materials or colors. General, occasional maintenance shall include, but not be limited to lawn and landscaping care and minor repairs that restore or maintain the historic site ox current character of the building or structure. General, occasional maintenance shall not include any of the activities described and defined in divisions (1) (a) through (1) {Aj~ of this Section. A Certificate of Appropriateness will not be required for °''°-°-"~- ~°°°°-' c'" a°°:°"°ted_ construction, reconstruction, xestoraeion, renovation, or demolition for and interior alteraeion (except fox desin~nated historic intexiorsl. General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City-. (2) Required Information: ORD. NO. 38-07 (4~j~ ~•--,~ Application: When an item goes before the Historic' Preservation Board or is reviewed administratively and it is not associated with any land development application, the following information in the form of photographs or plans shall be provided, as applicable: fej 1. Site plan and/or survey; fdj 2. Building elevations, and/or architectural drawings, and/or artistic sketches or renderings; 4e) 3. Landscaping plan; f€} 4. Floor plan(s); {g} 5. Samples of building materials and color chips; Q3j 6. Engineering reports~le {ij 7. Demolition Plans• 8 Window and door schedule providing specifications. to include but not be limited to. window tvpe, material. configuration, dimensions. and profile drawings: 9 Photo ra hs of all existing elevations of the subiect proberty. labeled with cardinal direction and address: 10 Other materials as may be re uested by the Planning and Zoning Department or Historic Preservation Board. Also, a standard C-.9:A: COA application form, accompanied by payment of a processing fee per 2.4.3(x) must be provided. (bl Class I - Class V Site Plan Annlications: AnoGcations for Class I- Class V Site Plans shall be submitted in accordance with Section 2.4 3 in conjunction with the applicable information required for a COA provided in (~, above. (3) Procedure: ORD. NO. 38-07 f~U Staxd-~Ieae Applications Reviewed by the Historic Preservation Board: An application for a COA '-.^.". -°'-~-'- '~~° -° - -'- -~- ~~° ~- °°~~•~° '~° °~°~''°- u°°-~t that requires Board approval. as provided in the COA approval matrix set forth in the Delray Beach Historic Preservation Design Guidelines, as amended from time to time, shall be scheduled for review and action at the next available mecring of the Historic Preservation Board, at which time an action of approval, d,~or approval of a modified application- continuance with dieection, or denial may be taken. The Historic Preservation Board shall apply applicable ordinances. Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. (bl Administrative-Reviewed Ap-plications: An application fox a COA which does not require approval by the Historic Preservation Board as provided in the COA approval matrix. as amended from time to time, set forth in the Delray Beach Historic Preservation Design Guidelines may be a~xoved administratively in accordance with applicable ordinances- Historic Preservation Design Guidelines- and the Secretary of the Interior's Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure compliance with the Standards contained in 4.5.1. (5) Findings: "'''-° °~°-' --- -°' --' ° Prior to approval. a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.7, the Delray Beach Historic Preservation Design Guidelines. and the Secretary of the Interior's Standards fox Rehabilitation. Section 2. That Section 3.2.4, "Standards or Specific Areas or Purposes", Subsection 3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts attd-Sites: That the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1. and the Delray Beach Historic Preservation Design Guidelines and the ORD. NO. 38-07 Secretary of the Interior's Standards fox Rehabilitation. Section 3. That Section 4.1.4, "Use of Lots of Record", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.7.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions speciEed Eor the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following ]imitations: (A) Duplex and multiple family structures may not he constructed on a lot which has an area less than that provided fox as the minimum lot area within the zoning district. (B) A residential structure shall not be constructed on any lot, within a residential zoning discxict, which has fromage of less than fifty Eeet (50~. However, this provision shall not prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access fox a single family residence and similar uses by means of a nonpublic (private) access easement. (C) Except Eor single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) ox more adjoining lots (ox combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total kontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district Ownership shall be determined by the property tax rolls on Eile in the Pakm Beach County Property Appraiser's Office as of October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the xeyuest shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500 of the perimeter of the property on which the waiver is being sought. The notice shall be mailed no later than ten (70) calendar days prior to the meeting before the City Commission. For properties located within designated historic districts, or designated as historic sites, ox properties listed on the Local Register of Historic Places, the Historic Preservation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the City Commission. Notification of the 6 ORD. NO. 38-07 request shall be as described above, except that the mailing of the notices shall occur no later than ten (10) calendar days prior to the meeting before the Historic Preservation Board. (D) Within the R-1-A, Rh and RM zoning districts, lots of record having at least forty (40) feet of frontage may be used for Workforce Housing, as long as the workforce housing unit meets the typical designs represented by the sketches set Forth in Section 4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to setbacks; provided, however, the minimum side setback may be reduced ro a minimum five feet (5~ if necessary to accommodate the designs set forth in Section 4.7.12(a) and meets other development standards in the zoning district. The Workforce Housing unit on a lot with frontage as herein described must include rear access via an alley, if available. The unit must also contain design Ecatuxes such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropeiate architectural features. Variances for lot size dimensions and frontage and building setbacks and minimum floor area m~ be granted for the relocation of a historic structure onto a lot in order to protect the structure IE the relocation lot is not individually designated historic ox located within a historic district then an individual historic desigmtion shall be required in accordance with Section 4 ~ 1(Cl and shall be reviewed concurrently therewith in order fox a variance to be granted All variance requests for relocation of historic structures must be submitted to the Historic Preservadon Board in accordance with Sections 4 ~.1 (D) and (Il fox consideration. Section 4. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.30, "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (~ Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed fox service on the premises. (2) The ,west e~ttaee t'-tn.m-t:=== shall not occupy more than 1 /20'" of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. (41 When located nn individually designated historic properties ox within designated historic districts the structure shall not exceed the height of the princioal structure. 7 ORD. NO. 38-07 Section 5. That Section 4.4.17, "Residential Office (RO) Distrct", Subsections 4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.4.17 Residential Office (RO) District: (A) Purpose and Intent: The Residential Office (RO) District provides fox mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) t1 transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are in the need of redevelopment ox revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. An incentive zoni~ designation for historic districts and/or individuall~designared historic properties to provide fox the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and an}' outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (7/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a pxonexty located within a designated historic district or an individually designated historic site. Section 6. That Section 4.4.24, "Old Schoo] Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (ll) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 8 ORD. NO. 38-07 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult llay Caxe, Continuing Care, Convalescent Homes, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (78) individually leased suites or rooms per acre. (5) Group Home,'I'ype 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (H) Special District Regulations: (1) The gross Eoor area of residential units within a structure containing permitted non-residential use(s) shall not ct9e exceed amore ~~ 50% of the gross floor area of the entire structure within which they are located. (2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued fox a home occupation, shall establish that such a parcel is non-residential. (3) Residential-type inns shall create a transitional or buffer area between residential uses and non-residential uses (such as office, commercial, etc.) which are either on ox near the subject property. (4) A residential-type inn shall be associated with an historic stmeture and must be residential in design, scale and character. (5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1- 1/2 ton capacity. (6) 24-Hour ox late night businesses as defined herein must be processed as a conditional use and axe subject to the provisions of Section 4.3.3(V~. (7) Duplex structures must have an integrated design to give the appearance of a single family dwelling. Section 7. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(B), "Criteria for Designation of Historic Sites or Districts", 4.5.1(E), "Development Standards", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations 9 ORD. NO. 35-07 of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, e~histoxic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site~et historic district or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) ox (3) below; to qualify as a historic interior, the imexior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural signi5cance iE it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, ox national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, ox political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the ]ife of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): t U ORD. NO. 38-07 (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality ox which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed [o have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior i~a~r under the Historic Preservation Act of 1966, as amended. A copy of these standards fox the National Register is made part of this section as if fully set forth herein. (E) Development Standards: Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features u+tll shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Nlinox development For purposes of this section, major 11 ORD. NO. 38-07 and minor development standards shall be applied as noted in the followi~ table Review Type byUsc and Zoning District Modiflcei v c [Non-Comriburina Zan'ne ' UFC Nav G i Mndificeriov of Con ribr i ng Smsn m Svc e n res srdcr D msrnmr °v ender 25% Over 25% Undo. 25% Over 25% D CP C Vtulri-fnmil Aiinnr Al A1inor N nn U'n B & V,i-R~6dc coal tiro i or ,A1nnr ~Uln ~I. tin ,Afro ~5 R-0-AR-0-AA Sin ~Ie Pamil-Du lee Nvor U'n ,\1a oe \I ~c RO OSSHAU )lulri-Famdc Mnor Ml, dt.i nr ~1 n. ,Ainlyr RI_&RM VrnRKdcnual ,uir,r Afm. A1a'or Minr Ata',e ores: 1, VI I~ ~I p [ - 1 ii Ih.d~'g tdp~ [ 1 II' ~ I. d~ ~ [ 12' [ 2. All i• ~1p t P~ i - th t75SHAD d't't h-h bj~cr t'BD gLc p ca>5 ion 4424(Bl (]21 is Minor development, regardless of use_ in the Residential Office (RO) zoning district. (bl Major development shall be considered: 1 New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to CBD design euidelines; ox 2. The constmction, reconstruction, or alteration in excess of twent~5ve percent (25%) of the existing floor area of the building and all appurtenances. except for pronexties zoned CBD ox CF and properties zoned OSSHAD subject to CBD design guidelines Por purposes of this section all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2007: or. 3. The construction, reconstruction, or allteraton of anv part of the front facade of an existing contributing residential or non residential structure and all appurenances except fox properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines Fot purposes of this section. all limitations and regulations shall be reviewed in a 12 ORD. NO. 3&-07 cumulative manner from the date of passage of this ordinance in 2007. {d Minor development shall be considered: 1. All new construction in all historic districts on property zoned CBll and CF as well as all propTrties in the OSSHAD zoned district subject to the CBD design guidelines: or, 2 All modifications to existing contributing and noncontributing structures in all historic districts on pxoberty zoned CBD and CF as well as all properties in the OSSHAD zoning district subject to the CBD Design Guidelines; or, 3 The construction. reconstruction. or alteration of any part of the front facade of an existing noncontributing residential or non-residential structures and all appurtenances: or. 4. .The construction. reconstruction. or alteration that are less than twenty-five percent (25%1 of the existing floor area of the building and all appurtenances: For purposes of this section. all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2007. 5. Any changes to Individually Historically Designated properties whether already on site ox newly designated to help facilitate the move of a historic structure into a historic district. {~)(3) Buildings, Structures, Appurtenances and Parking, ~e--fefleu~g Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: ~~ '° " Appurtenances: Appurtenances includes, but is are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 13 ORD. NO. 38-U7 1. Fences and Walls: a. Chain-link fences shall be clad in a_ereen or black vinyl and shall only be used in rear yards. or where thev are not visible from the street. b Swimtninp~pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian ox stand-alone agpeaxance. c. Fences and walls over four feet ~4') shall not be allowed in front or side street setbacks. d All other provisions in Section 4 6 5 shall apply. 2 Garages and Carports: a The following_ compatibility standards shall apply for major development where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way However, if this is not possible, the orientation of earaees and carports shall be consistent with the majoxit~of such structures within the district. ii. Garase doors should be designed to be compatible with the architectural style of the principal structure and include individual openings fox vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. (b Parking: 1 Where feasible alternative methods of meeting minimum parking standards contained in Sections 14 ORD. NO. 38-07 4.6.9(Cl(81 and/or 4.6.9(El, as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking Paxldng lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a Locate harking adjacent to the building or in the rear. b Screen parking_that can be viewed from the public right-of-w~ with fencing landscapine or a combination of the two pursuant to Section 4.6.5. c Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways on]y_ in areas where they axe abpxopxiate or existed historically e Use appropriate materials for driveway. such as concrete poured in ribbons. f Avoid wide driveways and circular drives. 2 Waivers may be granted by the Historic Preservation Board for relief Erom the number of parking spaces required in Section 4 6 9 upon presentation of confirmation that adequate parking for a proposed use made achieved by alternate means which axe found to be in kee~g with the provisions and intent of the Delray Beach Historic Preservadon Design Guidelines. f3j l~ Alterations. In considering proposals for alterations to the ex[erior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. 15 ORD. NO. 35-07 44j ~ Standards and Guidelines. A historic situ building structure, site; improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards fox Rehabilitation and the Delray Beach Historic Preservation Desis~n Guidelines, as amended from time to time. (3j l~ Relocation. Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. ~ j~7 Demolition. Demolition of historic s"~ or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts u+ill shall be regulated by the Historic Preservation Board in the manner described in Section 45.10. Demolition of any structure. whether contributing or non- contributing shall not occur until a building~ermit has been issued fox the HPB 'tnoroved redevelopment All strucmres apoxoved for demolition and awaiting issuance of a building~ermit for the redevelopment shall be maintained in a manner similar to that in which it existed at dme of application unless the Chief Building Official deterntin(e~s that an unsafe building condition exists in accordance with Section 4.5.1(Gl. i. ._C ~ ~:}_.. , , rrn~u cif ti3fC ' (8) Visual Compatibility Standards. New construction and all $14 improvements to both contributing and noncontributine buildings, structures and appurtenances thereto within a designated historic district or on an individually designated pronerty shall be visually compatible. The Historic Preservation Board is not limited by the 7onin~ llistrict Reeuladons and may apply the visual comnadbility stRndaxds provided for in this Section with r~ard to height, width mass. scale. facade. openings rhythm material color. texture. roof shape. direction. lot coverage. and square footage and other criteria set forth elsewhere in Section 451. Visual compatibility for minor and major development as referenced in Section 4.51(El(21 ]6 ORD. NO. 38-07 shall be determined by utilizing criteria contained in (a)-(o) below. Visual compatibility fox ~u development on individually designated properties outside the district shall be determined by comparison to other structures within the site. "~--°' ~-ampat~tty ,. i., n i_,~ii~v :_ .,. _.c.~.,, t~n.... ~..~ _..:.,,_:,. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison ox relation to the height of existing structures and buildings in a historic district fox all major and minor development. Fox major development. visual compatibility with respect to the height of residential structures, as defined by 45.1(E)f2)fa)_ shall also be determined through application of the following: 1 Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front prooexty line. The buildine height Mane line is extended at an inclined angle from the intersection of the fronts-ard propern~ line and the average grade of the adjacent street along the lot kontage. The inclined angle shall be established at a two to one ~ ratio. See illustration below. ~~ >~C 9e=~ .4~x d_ - z ...._ ,.._ ~ ~ ~_ _.._.r~ .... __.__- -------- i ifs r~,.~ ,~~~~ ~ _._ a3 ~ I F nP ~ ~ s..CK laa%~ 6UIlDIDIG HEIGHT P~.4NE b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 17 ORD. NO. 38-07 2 First Floor Maximum Height: a. Single-sto_}r ~ or first floor limits shall be established bv: i. Height from finished floor elevation to too of beam (tie or bondl shall not exceed fourteen feet f14'1. ii. Mean Roof Height shall not exceed elehteen feet (181. iii. Andportion exceeding the dimensions described in i. and ii above shall be considered mull-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY fi `" MEASJ ROOF HT. TOP OF BEAM v. Sections i. and ii., above may be waived by the Historic Preservation .Board when appropriate. based on the architectural style of the building. 3. Upper Story Height: a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (1~. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of 18 ORD.NO. 307 the front elevation of other exi~tine structures and buildings within a the subject historic district. c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings --~`'-~-~=.~ shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids; °-~°-~°~°a°°: The relationship of solids to voids ~- `'-~° of a building or stnutuxe u+ill shall be visually compatible with ~'-~ ~ ~ -' ~°~°'~° ~c ew~ting historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic situ buildings; ox structures within a the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a budding shall be visually compatible with the existine architectural styles of entrances and porch projections on existing historic site buildings; and structures within a the subject historic district Eor all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardsca~ing shall be visually compatible with the predominant materials used in the historic-situ buildings; and structures within a the subject historic district. (h) Roof Shapes: The roof shape, including_tyoe aid 'e of a building or structure shall be visually compatible with the roof shape of existin a-historic-stt~ buildings, or smutures within the subject a-historic district. The roof shape shall be 19 ORD. NO. 38-07 consistent with the architectural style of the building. (i) Walls of Continuity: saeh--as wWalls, ~rr, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to iensure visual compatibility with e€ the-bui~rhistoric buildings; ox structures-sites within the subject historic district and the stmcture to which it is visually related. (j) Scale of a Building The size of a building; and the building mass in relation to open spaces, windows, door openings, balconies,~d porches and lot sire shall he visually compactible with the buIlding size and g mass of historic situ buildings; and structures within a historic district For all development To determine whether the scale of a buildine is appropriate the following_sh211 apph~ for major development only: 1 For buildings wider than sixty~excent (60"/0) of the lot width. a portion of the front facade must be setback a minimum of seven ~1 additional feet from the front setback line: a. hots sixty-five (651 feet ox less in width are exempt from this requirement. b To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 1Y side yard setbacks = 2?~ c. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: 20 ORD. NO. 38-07 2 For buildings deeper than fifty percent 50%~of the lot depth a portion of each side facade which is greater than one story hieh, must be setback a minimum of five ($~ additional feet from the side setback line: a To calculate how much of the building death muse comply with this provision, multiply the lot depth by 5ft~percent (50%) and subtract the xe~ed minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25~. b An~part or parts of the side facades may be used to meet this xec~utrement. c. See illustration below: 21 ORD. NO. 38-U7 e If the entire building is set back an additional seven (71 feet. no offset is reduired. d. If the entire building is set back an additional Hve (~ feet from the side, no offsets axe xeouixed on that side. 3 Porches may be placed in the offset portion of the front ox side facades. provided they are completely open exce~for supporting columns and/or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, stmcmres, and sites t~ within a historic district for all development with regard to its directional character, whether vertical, or horizontal nadir-ec~ienal. Ql Architectural Style All major and minor development shall consist of onl~one (1 architectural style per stmcture ox property and not introduce elements definitive of another std le Development proposals related to an existing structure such as an addition, or on a property where a separate structure exists, must also be consistent with the architectural style of the existing structure and shall not mimic too closely the style of the existing building nor re~cate the original design but shall be coherent in design with the existing building. ml Lot Coverage: Lot Coverage is the area or "foot print"tin the ground plane within the building envelope occupied by the principal structure and any accessory structures Usually expressed as a percentage the following lot coverage requirements shall be applied to achieve compatibility and be determined by dividing the total square feet under roof. on the ,ground plane building footpxint~ by the lot size (converted to square feet), see exar~le below: 1 Fxample~ 2 625 Sq_ Ft on the ground~Iane = 7 500 Sic Pt (75' x 100' lot size= 35% Lot Coverage 2 The maximum lot coverage for all new construction or additions to existing structures, except on property zoned CBD, CF or OSSHAD, subject to the CBD Design Guidelines shall be as follows: a. Fox lots within the Nassau Street Historic 22 ORD. NO. 38-U7 District. maximum lot coverale shall be thirty- three percent ~33%~ b. Fox lots within the West Setters Historic District_ maximum lot coverage shall be twenty-six percent (26%~ c. Fox lots within the OSSHAD maximum lot coverage shall be twenty-six percent 26%2 d. Fox lots within the Del-Ida Park Historic District. maximum lot coverage shall be twenty-six percent (26%). f For lots within the Marina Historic District which abut the Intracoastal Watetwav. maximum lot coverage shall be thirty-three percent 33%). g. For all other lots within the Marina Historic District. maximum lot coverage shall be thirty percent 3( 0~/°). 3 Additions to contributing structures may increase lot covexal1e an additional five percent (5%) above the amount established in 4.5.1(E)B)(m)(2). 4 To minimize upper story floor area and to provide flexibiliq~ in design. an additional five percent (5%) lot coverage, above the amount established in 4 5 10E j8)(m)(2) shall be allowed in all districts For all residential strucmres_ as defined by 4.5.1(E)(2)(a), the maximum upper floor area allowed pursuant to 451 E(~(S)(n) shall be reduced by this additional amount. 5 Porches may be excluded from the maximum permissible building footprint ,provided they are completely open except for supporting columns and/or railings The combined Floor area of porches excluded here and under subsection 4.5.1(E)(8)(n)(9) can not exceed 25% of the total area of the buildine. 23 ORD. NO. 38-07 n. Number of Stories: the number of stories for all residential strucmres_ as defined by 45.1(E)f2)(a)_ shall be calculated based on the building lot coverage. Example: If the buildine has a 1 000 sq ft on the ground floor and a 500 sq. ft. second story, this is considered to be a ].5 stories. 1 Lots zoned CBD ox OSSHAD. subject to the CBD Design Guidelines, shall be exempt from this section. 2 Fox lots within the Nassau Street Historic District. the maximum number of stories is 1.66. 3. For lots within the West Settlers Historic district the maximum number of stories is ] Sl. 4. For lots within OSSHAD, the maximum number of stories is 1.68. 5 Fox lots within the Del-Ida Park Historic District. the maximum number of stories is 1.58. 6. For lots within the Marina Historic District for lots which abut the Intracoastal Waterway. the maximum number of stories is 1.64. 7 For all other lots in the Marina Historic District, the maximum number of stories is 1.89. 8 Any increases in lot coverage eranted pursuant to sections 451(~Ej81(m1f3) an~41 shall not be utilized in establishing the upper floor area. 9 Porches located on an upper story may be excluded from the maximum permissible floor area, provided they- are completely open except fox supporting columns and/or railings. The combined floor area of p~rehes excluded here and under subsection 451 E(,~(81(ml(51 can not exceed 25% of the total floor area of the buildine. 10 Based on the architectural style and design of the building the Historic Preservation Board may approve 24 ORD. NO. 38-07 an increase in the maximum number of stories in sections 2 to 7 above. provided that the lot covexaoe is reduced by the same square footage as provided by this increase. (o) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: ] Additions shall be located to the rear or least public side of a building and be as inconspicuously as osp stble. 2 Additions ox accessory structures shall not be located in front of the established front wall plant of a historic buil~line. 3 Characteristic features of the oxiQinal building shall not be destroyed or obscured. 4 Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if The addition is ever removed. 5 Additions shall not introduce a new architectural stvle, mimic too closely the style of the existing building nor replicate the original design but shall be coherent in design with the existing building. 6 Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original buildine. (91 Visual Compatibility Incentives In order to provide design flexibility for residential structures as defined by LDR Section 4 5.] (E)(2)(a , that otherwise satisfy the Visual Compatibility Standards outlined in Section 451(El(8L 25 ORD. NO.38-07 incentives for development shall include the followine: a Open Air Spaces• The ratio of the Building Height Plane BHP) can increase from two to one (2:1) to nvo to one and a half (2 ] 5) for open air spaces limited to~ ftxst or second floor front porches se axation must be provided between floors) first ox second floor side porches se aradon must be provided between floorsl balconies and overlooks with open railings (see illustration below); and b Square Footage• Up to twen five percent 25°/) of the front elevation( can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation( remains one U stony ns defined by LDR Section 4 5.1 (~(81(al(2) The total width of extension shall not exceed eighteen feet (18~ along the front elevation(s) See illustration below. SID£ VIEW ~o pLLOWEO ABOV€ BHP. NOT TO E%CEED JS MA% „g=MOST RE UNOER 8HP ~= p$'k OR MORE OF GRONT fACADE(6i MU5T REMAIN o STORY 2G ORD. NO. 38-W °O~Lf~INU NEI-0NY PLANE NORRi {b`.UEj ELEVATION FRONT VIEW (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed ox established: (1) T-I-FE-NASSAU STREET .which consists of Lots 2-19 of Nassau Paxk, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) ~€s MARINA ~T which consists of Block ]25, excluding the south 350' of the north 488.6' of the west ]00' of Block 125, along with that part of Block ]33 lying west of the Intracoastal Waterway, together with the east half of Block ] 18, along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Watenvay, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 128, all within the Town of i,inton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on December 20, 1988) (3) DEL-IDA PARK which consists of Blocks 7 through 13, inclusive, along with'1'racts A, B, and CDEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-7Q the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 7-88 adopted on February 9, 1988). (5) WEST SETTLERS is bounded on the north by Martin Luther King, ]r. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Stree[ between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastem one-half (1 /2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. 27 ORD. NO. 38-07 Section 8. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: CONTRIBU"PING norr;^~oi~SE~ 1'dE~r^d-~~^r~rvrnrr~rrr.r~ nr rrr~rxrr` rR-n-rmmxv~v~x~vrx a o STRUCTURE Aso referred to as a Historic Structurel: A structure which adds to the historical nrchitectuxal~ualities historic associations- or archaeological values for which a district is significant because it was present during the period of significance of the district. possesses histoeie integxih° reflecting its chaxleter at that time is capable of yielding important information about the period or independently meets the National Register of Historic Places criteria Eor evaluation. ° r_ . i.r:..~ ..~.~ i_ . .>_ >,:.~. , . ...:r:.,...,.o ..G„ r ~_:. --'- -'- ~ . ~, HARDSCAPF -Consists of the inanimate elements of landscaping. especially masonry or wood work such as concrete or brick patios and pool decks rile paths and wooden decks. HISTORIC SITE (Also referred to as Individually Designated Site/Property): Any site, building, structure, feature, or improvement which has been designated as a historic site and which may be located outside of a designated historic district. HISTORIC SITE SURVEY: A comprehensive survey I designed to identify, research, and document building sites, and structures of any historic, cultural, architectural, or landmark importance in the city. ''~`~ which may be compiled tars-stay in cooperation with state and local public and non-profit historic preservation organizations ` --~_ ... _ .r ...r_..:~.. ,.c oa,...a NON-CONTRIBUTING ~G STRUC'T'URE. (Also referred to as aNon-historic Structuxe)• A structure which does not add to the historic architectural qualities- historic associations or archaeological values for which a district is significant because it was not present during thethe period of siof significance of the district due to alterations, disturbances additions or other changes it no longer possesses historic integrity reflecting its character at that time or is incapable of }'fielding important information about the period ox it does not independentl}~ meet the National Register of Historic Places criteria fox evaluation. ild~g > > Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared b}' 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 28 ORD. NO. 38-07 part declared to be invalid. Section 10. That all ordinances ox pares of ordinances in conflict herewith he, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED ANll ADOPTED in regular session on second and final reading on ehis day of , 2007. 1~fAYOR ATTEST: City Clerk First Reading Second Reading 2) ORD. NO. 38-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17, 2007 AGENDA NO: IV. A. ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS WHICH INTEND TO CLARIFY THE CURRENT REGULATIONS, PROVIDE PARAMETERS, AND DEFINE COMPATIBLE DEVELOPMENT WITHIN THE HISTORIC DISTRICTS. THE AMENDMENTS INTEND TO PROVIDE AN OBJECTIVE WAY OF PROVIDING COMPATIBLE NEW DEVELOPMENT WITHIN THE CITY'S FIVE (5) HISTORIC DISTRICTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to the LDRs relating to the City's five (5) historic districts and individually designated properties. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND DESCRIPTION Given concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented asix- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studio) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The LDR amendments were drafted and presented as Historic Preservation Design Guidelines. The Planning and Zoning Board reviewed these guidelines at their meeting of November 20, 2006, where a recommendation of approval was made to the City Commission. Additional revisions were made prior to consideration by the City Commission and the Board re-reviewed the Ordinance at its February 26, 2007 meeting. A motion to approve the amendments failed by a vote of 0-6. The City Commission considered the proposed LDR amendments on March 20, 2007, and a motion to approve was denied on a 3-1 vote. At that time, the City Commission made specific suggestions to Staff which included review of the proposed amendments through a charrette process between Staff and local design professionals. The charrette was held in May, 2007 when approximately ten (10) local design professionals participated in a design exercise to apply the proposed guidelines to specific properties located within the historic districts. This process included a discussion of how the Ordinance could be improved. A follow-up meeting between Staff and the charrette participants was held on August 7, 2007 at which time Staff presented the modified Ordinance incorporating some of the suggested changes. The guidelines included a combination of Staff recommendations in consultation with REG and Urban Design Studio, and suggestions made by City Commission and the design professionals. These changes were considered by the Historic Preservation Board on August 15, 2007 and a recommendation of approval was made on a vote of 4-1. The Planning and Zoning Board considered Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 2 the LDR amendments at its August 20, 2007 meeting and recommended denial on a unanimous 7-0 vote. The Board had extensive discussion centered on the requirements for new development to be analyzed based on compatibility with immediately adjacent structures (i.e. survey area). Significant opposition to this requirement was expressed by members of the public and members of the Planning and Zoning Board. The main objections appeared to focus on three key concerns: a perception that the requirement will be labor intensive for applicants and their design professionals; that it has the potential to impose different development thresholds on similar lots within a district; and lastly, that it would not address the unique characteristics of individual districts (i.e. same requirements for all districts.) To address the issues with the survey area, Staff undertook a complete analysis of each and every lot within all five districts. From this information, we were able to determine average number of stories, average building lot coverage and the average floor area ratio of each district. From these numbers, it is possible to generate the averages per district which can then be utilized in lieu of individual survey area figures. This methodology addresses all three concerns relating to the use of survey areas, in that all additional work would be completed by Staff; the compatibility thresholds would be the same throughout each district (i.e. based on district averages); and the thresholds would be different between districts, based on individual district averages. Staff also did a comprehensive review of the entire Ordinance in an attempt to make it more understandable. It is also noted that the amendments dealing with demolitions in the historic districts were moved into a new Ordinance which is being considered separately. A City Commission workshop was held on October 4, 2007 to discuss the status of the amendments and Staff's approach to addressing the concerns of the Planning and Zoning Board and the local design professionals. Workshops were then held with both the Planning & Zoning Board and the Historic Preservation Board in November, at which time Staff made presentations to discuss how the Ordinance was being modified and to solicit input from the Boards. Some Board suggestions have been incorporated into the revised Ordinance. A Planning and Zoning Board Special Meeting was held on December 3, 2007 to discuss the proposed amendments in detail. The Board's recommended changes have been incorporated into the revised Ordinance and are highlighted in yellow. The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered the recommendations made by the Planning and Zoning Board on December 3, 2007. While the Historic Preservation Board disagreed with several of the changes, they did agree with most of the P&Z Board's recommendations. The revised Ordinance contains notations depicting the differences between the two Boards. -LDR TEXT AMENDMENT. ANALYSIS The primary purpose of the amendments is to clarify the intent of the existing regulations and guidelines, while objectively evaluating the compatibility of proposed new development with both historic and non-historic development. The objective criteria will help both the public and the Historic Preservation Board to determine what will be considered compatible development. In order to differentiate between types of development proposals and which regulations apply to each, two categories have been created - "Major" and "Minor." The type of development in each category is shown in the following table: Review Type by Use and Zoning District MndJca~ion o[Non-Comribmine Zoninc. r]' w Mndificarion of Con~ribu~ing Semcmrce ~ tl C 9 Dis~rico onsmm on Under 25°/a Over 25% Under 25 % Over 25% C6D & CP vtubi-Pamilc ~11nor T1'no ti u f~iv rr -y! y.>>-RCdJ ~nnnl ~ Mln .tita fir, ~fn o R-1-A N-0-M Sln do Yamllc Du rlcx Sfa'ur p9'mo ,Nn or Afm A4a' RO OSSHAD Btulb-ramilc Nv or A1'norr ~Ua'or d11ni Na, r RAN hbn-Rddc ual .Vtn cr .Af nu .~1:i or V'n .vta', r Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations In summary, the proposed amendments include "regulatory tools' to help more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards' as contained in LDR Section 4.5.1(E)(8)(a-o). These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front and side facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. The standards also address Lot Coverage, based on the average of each district. Maximums for each district are proposed and some additional flexibility and incentives are recommended to encourage additions versus demolitions on Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives" are also proposed for all residential development applications which comply with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'). Additional proposed LDR revisions provide clarification that the Historic Preservation Board has the authority to apply more or less restrictive standards than the maximums identified in the base zoning district regulations, in order to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." The following is a list of the major amendments to the LDRs as they relate to review of development proposals located within the City's five (5) historic districts and individually designated properties. . Where applicable, references have been included for comparison to the prior Ordinance. LDR Section 2.4.6 Procedures for Obtaining Permits -Clarified specific project types that require a Certificate of Appropriateness (COA) and included submittal requirements and approval procedures for applications. 2. LDR Section 3.2.4(E) Standards for Specific Areas or Purposes -Clarified that a proposed development be consistent with specified review criteria. 3. LDR Section 4.1.4 Use of Lots of Record -Added language to grant a variance for lots of record when the lot size, dimensions and setbacks do not comply with the minimum requirements of that zoning district in order to accommodate the relocation of a historic Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 4 structure, and require that significant structures moved outside of a historic district are individually designated. 4. LDR Section 4.3.3(0) Guest Cottage -Added language that a guest cottage shall not exceed the height of the principal structure. 5. LDR Section 4.4.17 Residential Office (RO) District -Added language to the purpose and intent that the RO district is an incentive designation to provide for the rehabilitation and reuse of historic structures; and added that the parking requirement for offices may be reduced to 1 space/400 square feet when a structure exists on the property and is located within a designated historic district or an individually designated historic site. 6. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD) -Clarified that parking lots, not associated with a use, allowed by conditional use approval, must be public parking lots; and clarified that the gross floor area of residential units in a mixed-use building, shall not exceed 50% of the gross floor area of the structure. 7. LDR Section 4.5.1(E)(2) Major and Minor Development -Added language to classify development as either Major or Minor and included a table for additional clarification. (The prior Ordinance used confusing descriptions of Type A and Type 8 development.) 8. LDR Section 4.5.1(E)(3) Buildings, Structures, Appurtenances, and Parking -Clarified application of standards to specified buildings, structures, appurtenances, and parking; added language to regulate chain link fences, swimming pool fences, and fence height; added language regulating design of garages and carports with respect to frontage and orientation; added language to regulate parking with respect to screening, and design with additional options to consider, and granting of a waiver request to parking pursuant to specified criteria. 9. LDR Section 4.5.1(E)(8) Visual Compatibility Standards -Clarified application of this section in its entirety with respect to Major and Minor Development proposals. 10. LDR Section 4.5.1(E)(8)(a) Height -Clarified determination of height compatibility; added language related to the height of residential uses which are classified as Major Development, including establishing a Building Height Plane (BHP); set a first floor maximum mean roof height of 18' and a maximum upper story height of 14' from finished floor to finished floor per story. (Removed requirement for an additional 5' setback for upper stories included in prior Ordinance.) 11. LDR Section 4.5.1(E)(80)(b-f) - Clarified compatibility determination of front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets and rhythm of entrance and/or porch projections with respect to the subject historic district. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance.) 12. LDR Section 4.5.1(E)(8)(g) Relationship of Materials, Texture, and Color -Clarified determination of compatibility pursuant to type of development proposal; added language regarding hardscape. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also removed language dealing with a list of materials for exterior finishes included in prior Ordinance.) 13. LDR Section 4.5.1(E)(8)(h) Roof Shapes -Added language to determine roof shape compatibility and requirement that roof shape be consist with the architectural style of the building. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also removed requirement that roofs be oriented so as to be consistent with the surrounding area included in prior Ordinance.) Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 5 14. LDR Section 4.5.1(E)(8)(i) Walls of Continuity -Clarified existing language to determine compatibility. 15. LDR Section 4.5.1(E)(8)(j) Scale of a Building -Clarified determination of compatibility pursuant to type of development proposal; added requirements for offsets in the front and side facades. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also eliminated `Angle of Vision" standard included in prior Ordinance.) 16. LDR Section 4.5.1(E)(8)(k) Directional Expression of Front Elevation - Clarified determination of compatibility. 17. LDR Section 4.5.1(E)(8)(I) Architectural Style -Added new section requiring that all development proposals be consistent with one architectural style and not introduce various elements from different styles into one development. 18. LDR Section 4.5.1(E)(8)(m) Lot Coverage -Added lot coverage requirements related to averages in each historic district. Maximums for each district are proposed at 5% over the average and some additional flexibility and incentives are recommended to encourage additions versus demolitions of Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance.) 19. LDR Section 4.5.1(E)(8)(n) Number of Stories -Added a calculation method for determining the number of stories and set the maximum number of stories allowed based on 0.5 stories over district averages. 20. LDR Section 4.5.1(E)(8)(0) Additions to Individually Designated Properties and to Existing Contributing Structures in all Historic Districts -Incorporated existing language from the Delray Beach Historic Preservation Design Guidelines regulating visual compatibility for additions. (Removed requirement that this section also apply to noncontributing structures, included in prior Ordinance.) 21. LDR Section 4.5.1(E)(9) Visual Compatibility Incentives -Former subsection 9 which states that the Visual Compatibility Standards will be further discussed in the "Delray Beach Preservation and Conservation Manual" and notes purpose of said "manual", has been completely removed. The new language for this subsection provides design flexibility and incentives for residential development such as "Open Air Spaces" which would increase the "Building Height Plane" ratio for open air spaces, and "Square Footage' which allows a portion of the structure to extend into the BHP, provided that a percentage of the front elevation remains one-story. 22. LDR Section 4.5.1 (L) Designation of Historic Districts -Unified Historic District titles. 23. Appendix "A" "Definitions" -Added definition for "hardscape" and amended definitions for "Contributing Building Also Non-contributing Building Structure", "Historic Site', "Historic Site Survey', and "Non-Contributing Building". Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 6 REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Goals, Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines'. Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life which is evident in the proposed amendments to protect the city's designated historic areas from incompatible development. The subject Element also mandates that redevelopment shall provide for the preservation of historic resources. This has been accomplished in the subject LDR amendments by providing an objective manner of reviewing new proposals which will not detract from the historic resources (yet will be compatible with the historic development of the adjacent properties). Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Future Land Use Element. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Planning and Zoning Board Memorandum Staff Repon, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will further strive to stabilize and enhance existing historic neighborhoods. The historic structures are the identifying characteristic of the five (5) designated historic districts. It is also evident that the protection of such areas has assisted in their revitalization which is continuous and on going. The mandated technical assistance, noted above, has been and continues to be provided by the City to its residents, including those residing in designated historic districts or individually designated structures and/or properties. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Housing Element. Coastal Manaaement Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Manaaement Element Policy B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Manaaement Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 8 structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. ANALYSIS The proposed LDR amendments comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districts will continue to be enforced. Specifically, the amendments address the demands of enhanced economic development and historic preservation by allowing 5% over the average lot coverage for the district. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Coastal Management Element. ASSESSMENT' The Comprehensive Plan calls for new development and redevelopment to enhance the existing quality of life by providing for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas including the formulation of regulations limiting size and scale of new development within historic districts. The proposed amendments achieve the aforementioned goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. .'.REVIEW BYATHERS • The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered recommendations made by the Planning and Zoning Board at its Special Meeting on December 3, 2007. While the Board disagreed with several of the P&Z Board's recommendations, they did agree with most of them. The revised Ordinance contains notations depicting the differences between the two Boards. Since HPB continued the item until December 19, 2007, a final recommendation is not available at this time. Therefore, the Board's recommendations will be presented to the City Commission at the first reading of the Ordinance. The Downtown Development Authority (DDA) reviewed the amendments at their December 10, 2007 meeting and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at their December 12, 2007 meeting and unanimously recommended approval. The Community Redevelopment Agency (CRA) reviewed the amendments at their December 13, 2007 meeting and unanimously recommended approval. Courtesy Notices: A special courtesy notice was provided to all of the property owners within the five historic districts as well as to the Neighborhood Advisory Council. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. (Motion to be phrased in the affirmative See above.) RECOMMENDATION Recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: • Proposed Ordinance No. 38-07 J MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 10.B -REGULAR COMMISSION MEETING OF JANUARY 3, 2005 ORDWANCE NO._55-07 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 1.4.3(D), 1.4.4 (A), 1.4.4(D), 2.2.6(C), 2.2.6(D), 4.5.1(E)(6), and 4.5.1(F). BACKGROUND A significant concern within the historic districts is demolition by neglect of historically significant and/or contributing structures. Demolition by neglect happens when the structure is neglected and left to self-demolition. The proposed amendments provide that the neglect of individually designated structures and/or structures located within historic districts will constitute a nuisance violation of the City's Code of Ordinances. The penalty for such violation will result in a civil citation or notice of violation pursuant to the City's Code of Ordinances. Additional changes are proposed to existing LDR Sections which provide review criteria for applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on Demolition," provides review criteria when any structure within a historic district is proposed for demolition. Additional language is proposed requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure in order to return it to a safe and habitable condition. In addition, an appraisal is to be provided of the property's condition 1) at the time of application, 2) value as vacant land, 3) potential value upon restoration, and 4) documentation that reasonable efforts were made to salvage the structure through relocation. This information has typically been requested from the applicant upon first review by the Historic Preservation Board. LDR Section 4.5.1(E)(6) has been expanded to require demolition applications to be accompanied by the complete redevelopment application, and that the two requests be reviewed and decided upon concurrently. Further, the new language will require that demolition not take place until the building permit for the new development is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include clarification that a majority of the HPB members present and voting may approve a COA application, and that the Board has the authority to apply more restrictive standards than the maximums identified in the zoning regulations in order to achieve compliance with the visual compatibility requirements of LDR Section 4.5.1(E) ($)~ REVIEW BY OTHERS The Pineapple Grove Main Street committee reviewed the subject amendments at its November 7, 2007 meeting and unanimously recommended approval. The Historic Preservation Board (APB) considered the subject amendments at its November 7, 2007 meeting, and recommended approval by a vote of 5-2 (Lake and Kucera-Winney dissenting). The Community Redevelopment Agency (CRA) considered the subject amendments at its November 8, 2007 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at its November 12, 2007 meeting, and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their November 14, 200"7 meeting, abstained from making a recommendation due to lack of information. The subject information was submitted to The CRA for review by WARC on Wednesday, November 7, 2007, by the Planning and Zoning Department. However, this information was not included in the members' packets. The Planning and Zoning Board originally considered the subject amendments at its meeting of November l9, 2007. The item was tabled to the Special Meeting of December 3, 2007 over concerns relating to the requirement to submit a complete redevelopment proposal with all demolition requests of both contributing and non-contributing structures. At the meeting of December 3, 2007, the Planning and Zoning Board considered the subject amendments for a second time. The Staff Report provided the Board with three "Options" (see Appendix A of the attached Planning and Zoning Board Staff Report) to the proposed language of LDR Section 4.5.1(E)(6). After significant discussion, the Board recommended "Option C" to be included with LDR Section 4.5.1 (E)(6) which permits a demolition request for a structure, regardless of its historic classification, to be reviewed and approved by the HPB without concurrent review of the redevelopment plans, yet does not allow the demolition to take place until the building permit has been issued for the site's redevelopment. The current and proposed language is as follows: Current Ordinance Demolition of historic siferor archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition_ppplications shall be accompanied by a complete application for redevelopment of the property. Approvals for demolition shall not be granted until the redevelopment application has been approved.. The demolition shall not occur until a building perm_ it has been. issued for the redevelopment. Proposed Language: Demolition of historic sites;or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts »~shall be regulated by the Historic Preservation Board in the manner described in Section 4.51(F). Dem__olition of any structure, whether contributing ornon-contributing, shall not occur until a building permit has been issuedfor_the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at the time of application. The Board also recommended removal of the language included in LDR Section 2.2.6(D)(4), regarding the authority of the HPB to apply more restrictive standards than those provided within the zoning regulations in order to achieve visual compatibility. The proposed language that the Planning and Zoning Board recommended to not include in the ordinance is underlined below: LDR Section 2.2.6(D)(4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness us specifred in Section 2.4.6(J). The Historic Preservation Board shall have authority to apply more restrictive standards. than the maximums identified in_ the zoning regulations in order to achieve visual compatibility in accordance with Section 4.5.1(E)(8). The City Commission considered the request at their December 11, 2007 meeting. The Commission raised two concerns, the first that the demolition Section 4.5.1(E)(6) should contain a clause to deal with unsafe buildings and the second that language related to the regulatory authority of the HPB under Section 2.2.6 (D)(4) be reworded. The ordinance has been amended to address each of the concerns and is now ready for City Commission consideration. RECOMMENDATION By motion, approve on first reading Ordinance No. 55-07, amending the Land Development Regulations (LDRs) and incorporating the Planning and Zoning Board's recommended language under LDR Section 4.5.1(E)(6), and retaining the proposed language under LDR Section 2.2.6(D)(4) by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO.55-07 AN ORDINANCE OF THE QTY COMNIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT' SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY TI-TE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WIIEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WI~REAS, the City Commission of the City of Delray Beach has the authority to snake regulations pertaining to land use and development wnthin the City of Delray Beach; and Wl IEREAS, the Crty Conurrission of the City of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property valrgs of all land owners in historic districts and/or individually designated historic properties; and WI~REAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live or own property in historic properties/districts. WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, facade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and WHEREAS, the Gty Commission desires and intends that the limitations provided in the overlay and caning district regulations shall serve as a rriaximtmr upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that maybe considered and applied to properties within all historic districts in the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of Ordinances of the Gty of Delray Beach, Florida, is hereby amended to read as follows: Section 1.4.3 Enforcement (A) Code Enforcement Board/Hearing_Officer and County Court: When The City Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code E nforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code. (B) A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable regtrirements of these Lancl Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and other rermdies set forth herein (C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or rernedy any violation (D) The neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the Citl/s Code of Ordinances pursuant to Section 100.10. Section 2. That Section 1.4.4, "Penalt}/', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby arnended to read as follows: Section 1.4.4 Penalty: (A) Violation of the provisions of these Regulations, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with g~aruts of variances or conditional uses shall constitute a punishable violation Any person who violates these Regulations, or fails to comply with any of its requirements, may be issued a civil citation the Citl/s Code of Ordinances, and shall upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. E ach day such violation continues shall be considered a separate offense. ORD. N0.55-07 (B) The owner or tenant of any building. structiue, premise, or part thereof, and any architect, agent, builder, contrnctor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein (C) In addition to any and all other penalties, any person who carries out or causes to be carried out any work in violation of Section 4.5.1 shall be required to restore the subject improvement, building, site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance wrath its certificate of appropriateness required by the Historic Preservation Board (Dl Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive mariner Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the Citds Code of Ordinances and shall result in maximum penalties. ~(~ Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(0), "Meetings and Quonun', of the Land Development Regulations of the Code of Ordinances of the Gty of Delrny Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regrilarly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quonun (3) I'de An application for a Certificate of Appropriateness shall be a^^_°^"?~~^ _ "'; approved by a majority of the rrembers present and voting Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Dtilies, Powers and Responsibilities", of the Land Developrnt Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) Duties, Powers and Responsibilities: (1) Develop, maintain, and update a survey of archeological sites, properties, buildings, structrn~es, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the ORD. NO.55-07 survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the Gty Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in rxmairrtaining this survey. (2) Nominate properties for designation, and regulate srrch properties, structmues, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsegrrent amendrrents to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Pazk Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, decry, or modify certificates of appropriateness as specified in Section 2.4.6Q). The Historic Preservation Board is not limited material color texture roof shape direction lot coverage and square footage and other criteria set forth in Section 4.5.1. (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code arrendments to the Chief Building Official, as they apply to Historic structrrtes and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Boazd of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)1~ (7) Develop, establish, and regulate guidelines concerning contemporaneous azchitectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission The Boazd's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board (8) Make recorrurendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation ORD. N0.55-07 (9) Increase public awareness of the value of historic preservation by developing. conducting, and participating in public education programs. (10) Make recornmendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agenoes affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically siguficant sites, buildings, structures, and districts for which demolition or destruction is proposed (13) In the name of the Gty, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding. property, or interest in property to further the purposes of historic and heritage conservation and preservation (14) Make recomrnendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning inquired by this state. (15) Create and approve starrdarclized historic markers and plaques and issue recogctition to designated historic sites and historic districts within the Gty. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (17) Execute any other functions which maybe approved by ordinance or resolution of the Commission (18) Demonstrate a spirit of cooperntion with and provide adtninistrntive assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the 6ty to help property owners fulfID the regulations and requirerrents of this section and the regulations for historic 5 ORD. N0.55-07 preservation developed by the Historic Preservation Board and approval by the Corrunission Section 5. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(E), "Development Standards", Subsecflon 4.5.1(E)(6), "Demolifion', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (E) Development Standards: (6) Demolition. Demolition of historic sites, or archaeological sites, or buddurgs, structures, iny~ioverrents, and appurtenances within historic districts will shall be regtilated by the Historic Preservation Board in the manner descnbed in Section 4.5.1(F). Demolition of anv structure whether contributine or non contributing shall not occur until a building permit has Sectron 6. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(F), "Restrictions on Demolitions", of the Land Developrnt Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (F) Restrictions on Demolitions: No shucttnt? within a Historic District or on a Historic Site shall be d,rnolished without first receiving a Ceriificate of Appropriateness pursuant to Section 2.4.6 few-t-pta~.,e. The Historic Preservation Board shall be gtrided by the following in considering such a request. (1) The Historic Preservation Board upon a request for derrolition by a properly owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structrues, or apprutenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, ~aftsrrrarrship, or material that it could be reprocltred only with great difficulty or economically nonviable expense. (c) Wheflter the structure is one of the last reinainuzg examples of its kind in the designated historic district within the city. (d) Whether retainirrg the stnxhn~e would promote the general wt ]fare of the ORD. N0.55-07 determines that an unsafe building condition exists in accordance with Section 4.5.1(Gl. city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are de€itaite a1wroved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on ref the surrounding area (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue-economic hardship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition the Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. (5) Dining the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectraal details and ornaments, fixtuaes, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, regr~est that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition The recording may include, but shall not be limited to photoQc-aphs, documents, and scaled architectural drnwings to include elevations and floor plans. Historical Society. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve burilding materials, architectural details, and ornaments, textures, and the like at their expense, respectively. ORD. NO.55-07 beyond the ability to repair it at a reasonable cost The report mist include~hotoa-auhs to substantiate the damage. returning it to a safe and habitable condition (dl Documentation that reasonable efforts have been made to find a suitable Section 7. 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 8. That all ordu~utces or parts of oiYlinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of .2007. MAYOR ATTEST: CityQerk First Second Reading ORD. NO.55-07 PLANNING AND 20NiNG BOARD`MEMORANDUMSIAFF REPORT MEETING DATE: DECEMBER 3, 2007 AGENDA ITEM: III. B ITEM: CITY INRIATED AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, "ENFORCEMENT", SECTION 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; SECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING, 2.2.6(D}, "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendments to LDR Sections 1.4.3(D), 1.4.4(A), 1.4.4(D), 2.2.6(C), 2.2.6(D), 4.5.1(E}(6), and 4.5.1 (F) as detailed below. These amendments are primarily associated with the prevention of demolition by neglect of historic structures, and deferral of demolition of historic structures until redevelopment plans receive a building permit. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGRfJUND AND DESCRIPTION The subject amendments address specific concerns raised by the Historic Preservation Board (HPB) and city residents, and incorporate recommendations made by REG Architects, Inc. in 2006 during a comprehensive review of the City's existing regulations. The amendments focus on the following components: declaring neglect of historic structures a nuisance violation, providing enforcement and penalties for neglect of structures in historic districts or individually listed structures; clarification that a Certificate of Appropriateness {COA) application requires approval by a majority of the members present and voting; clarification that the HPB has the authority to apply more restrictive standards than the maximums provided in the zoning regulations in order to achieve compliance with the Visual Compatibility Standards of LDR Section 4.5.1(E)(6}; requiring the submittal of a redevelopment application concurrently with a demolition application and provision that demolition shall not occur until after a building permit has been issued for the redevelopment; and outlining additional information and documentation required with applications requesting approval to demolish contributing structures. It should be noted that the subject amendments were originally included in Ordinance 66-06 and are now being proposed separately. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 The following outlines each of the proposed amendments LDR Section 1.4.3(D) Enforcement Adds language that the neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the City's Gode of Ordinances pursuant to Section 100.10. LDR Section 1.4.4(A) Penalty Adds language that failure to comply with the LDRs may result in the issuance of a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City's Code of Ordinances. LDR Section 1.4.4(D) Penalty Adds language that structures which are individually designated or located within a historic district shall be maintained in a secure and attractive manner. Neglect of individually designated structures and/or structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. LDR Section 2.2.fi(C), Historic Preservation Board, Meetings and Quorum Clarifies that a COA is to be approved by a majority of the HPB members present. LDR Section 2.2.6(D), Historic Preservation Board, Duties, Powers, and Responsibilities Specifies that the HPB has the authority to apply more restrictive standards than the maximum identified in the zoning regulations in order to achieve visual compatibility in accordance with Section 4.5.1(E)(8). LDR Section 4.5.1(E)(fi) Demolition Adds that demolition applications be accompanied by a complete application for the redevelopment of the subject property, and that demolition cannot occur until the building permit for the redevelopment is issued. LDR Section 4.5.1(F) Restrictions on Demolitions Added new language to require submittal of additional information and documentation for all demolition proposals of contributing structures or individually designated historic structures. Planning and Zoning Board Consideration LDR Section 4.5.1(Ej(6) -Demolition The attached Ordinance (55-07) was considered by the Board at its meeting of November 19, 2007. However, upon discussion primarily regarding the proposed changes to LDR Section 4.5.1(E)(6) which requires that a complete redevelopment application be submitted with all demolition requests, a recommendation to City Commission was tabled to the Special Meeting of December 3, 2007. Taking the aforementioned discussion into consideration, Staff has included options in the attached Appendix A for the Board to consider as part of the recommendation to City Commission. The options provide for the requirement of a complete redevelopment application with a request to demolish a historidcontributing structure. It should be noted that the general intent in requiring redevelopment plans upon requesting demolition of a structure within a historic district, whether contributing or non-contributing, is to avoid the removal of a viable structure which would subsequently leave a void in the neighborhood without the promise of redevelopment. If the structure is in disrepair and poses a health and safety threat to the public, there are additional provisions pursuant to LDR Section 4.5.1(G) which states the following: Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 "fn the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official wilt immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and wilt fake into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section steal! not apply fo the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances." Contributing vs. Non-contributing In addition to the above, the Board felt it was necessary to provide clarification as to the classification of contributing and non-contributing structures within designated historic districts. As outlined in the Delray Beach Historic Preservation Design Guidelines, the terms contributing and non-contributing are defined and described as follows: A contributing building, site, structure, or object adds to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because: • It is usually more than 50 years old; • It was present during the "Period of Significance", and; • If possessed historic integrity reflecting its character at that time; • Or is capable of yielding important information about the period, or,- It independently meets the National Register criteria. A non-contributing building, site, structure or object does not add to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because: • It usually is not more than 50 years old; • It was not present during the "Period of Significance ;~ • It no longer possesses its historic character which would reflect its original character, and; • It is not capable of yielding important information about the period. For example, a structure constructed over fifty years ago may have been altered so sign'rficantly that it has lost its historic integrity and the original structure and its associated detailing is not evident. Therefore, the structure would likely be deemed non-contributing to the historic district designation. The above noted criteria is used when a preservation professional is "surveying" a properly to determine its classification as to whether or not it contributes to the historic district within which it is located. "Surveys," also known as Florida Master Site File Forms, are completed and filed with the State of Florida's Bureau of Historic Preservation, Division of Historical Resources, Florida Master Site File office which maintains Florida's inventory of known and/or recorded historic structures and archaeological sites. The classification provided in the "survey° is utilized by Staff in reviewing development proposals and/or informing the public of a property's classification. However, from time io time, it may be determined by Staff that sufficient research was not conducted in coming to the conclusion as to whether or not the structure was accurately classified, which may happen with all types and ages of structures. Staff may provide this new research to the HPB which is to be taken into consideration upon review of a development proposal. Regardless, the classirfication noted on the survey is the underlying classification and Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 would not be changed until the property is resurveyed and a Master Site File form filed. Additional clarification of the above noted terms will be provided to the Board, if necessary. The subject Ordinance is now before the Board for recommendation to the City Commission. LDRTEX~ AINENt)nlEMT J1N11LYSiS A significant concern within the historic districts is demolition by neglect of historically significant andlor contributing structures. Demolition by neglect happens when the structure is neglected and left to self-demolition. The proposed amendments provide that the neglect of individually designated structures and/or structures located within historic districts will constitute a nuisance violation of the City's Code of Ordinances. The penalty for such violation will result in a civil citation or notice of violation pursuant to the City's Code of Ordinances. Additional changes are proposed to existing LDR Sections which provide review criteria for applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on Demolition," provides review criteria when any structure within a historic district is proposed for demolition. Additional language is proposed requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure in order to return it to a safe and habitable condition. In addition, an appraisal is to be provided of the property's condition 1) at the time of application, 2) value as vacant land, 3) potential value upon restoration, and 4) documentation that reasonable efforts were made to salvage the structure through relocation. This information has typically been requested from the applicant upon first review by the Historic Preservation Board. LDR Section 4.5.1(E)(5) has been expanded to require demolition applications to be accompanied by the complete redevelopment application, and that the two requests be reviewed and decided upon concurrently. Further, the new language requires that demolition not take place until the building permit for the new development is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include clarification that a majority of the HPB members present and voting may approve a COA application, and that the Board has the authority to apply more restrictive standards than the maximums identified in the zoning regulations in order to achieve compliance with the visual compatibility requirements of LDR Section 4.5.1(E)(8). ~tt=QUIR~~ ttNR1NC~5', LDR Section 2.4.5(M){5) {Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING ARFr4 SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 Future Land Use Element Objective A-4 The redevelopment of land and buildings shalt provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent wish the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life and mandates that redevelopment shalt provide for the preservation of historic resources. These requirements are evident in the proposed amendments to protect the city's designated historic areas from demolition by neglect and demolition of historic properties without providing proper documentation to justify the potential demolition. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Houslna Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Houslna Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Houslna Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Houslna Element Oblectlve A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Houslna Element Policv A-12.4 The City wilt provide planning and technical assistance to implement neighbofiood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55.07 neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will strive to stabilize and enhance existing historic neighborhoods through the prevention of demolition by neglect, archiving of structures subject to demolition, and deferral of demolitions until redevelopment is eminent. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Housing Element of the Comprehensive Plan. Coastal Management Element P_ ollcy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the spec'rfic implementation program. Coastal Management Element Poticv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Obiective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Poticv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of bath the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Poticv C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi- family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district- ANALYSIS The proposed LDR amendments comply with the Goastal Management Element of the Comprehensive Plan in that they are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districts will continue to be enforced. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Coastal Management Element of the Comprehensive Plan. ' At~SESB~IiENT .' The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 Ftl~ffENif BiF't:QTHEiYBi The Pineapple Grove Main Street committee reviewed the subject amendments at their November 7, 2007 meeting and unanimously recommended approval. The Historic Preservation Board (HPB) considered the subject amendments at their November 7, 2007 meeting, and recommended approval by a vote of 5-2 (Lake and Kucera- Winneydissenting). The Community Redevelopment Agency (CRA) considered the subject amendments at their November S, 2007 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at their November 12, 2007 meeting, and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their November'14, 2007 meeting, abstained from making a recommendation due to Pack of information. The subject information was submitted to the CRA for review by WARC on Wednesday, November 7, 2007, by the Planning and Zoning Department. However, this information was not included in the members' packets. Letters of objection and support, rf any, will be presented at the meeting. ALTERNATIVE ACTlON3 A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the Clty Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 507. • Appendix A Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 APPENDIX A -LDR Section d.5.1(~)(6) LDR Section 4.5.7(E)(6) currently states the following: (fi) Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Subsection (F). The proposed amendments to the subject LDR Section is as follows: (fi) Demolition Demolition of historic sites; or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition been issued for the redevelopment. Staff has provided the following three (3) options for Board consideration which may be included to the recommendation to the City Commission: Option A. (fi) Demolition Demolition of historic sites; or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section Option A Analysis Option A has been revised to specify that historiclcontnbufing and/or individually designated structures be accompanied by a redevelopment application at the time of the demolition request, that the demolition request for histonGcontnbuting and/or individually designated structures not 6e granted until approval has been granted for the redevelopment, and that demolition of any structure requiring review by the HPB not occur until a building permit has been issued for the redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a manner consistent with the time of demoltion application. This is to ensure maintenance of the structure, property, and historic district through the upkeep of alt properties. Option B. (fi) Demolition Demolition of historic sites; or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts wiU shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). a. ro e Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 ii. Approvals for demolition shall not be granted until the redevelopment application has been approved. iii. The demolition shall not occur until a building permit has been issued for the redevelopment. b. Demolition applications for non-historidnon-contributing structures shall follow the following procedures: i. The demolition shall not occur until a building permit has been issued for the redevelopment. c. Option B Analysis Option B has been revised to outline procedures for demolition proposals for contributing, non- contributing, and individually designated structures. Proposals to demolish historidcontributing and/or individually designated structures will require submittal of a redevelopment application at the time of the demolition request, that the demolition request for historic/contributing and/or individually designated structures not be granted until approval has been granted for the redevelopment, and that demolition of any structure requiring review by the HPB not occur until a building permit has been issued for the redevelopment. Further, the structure{s) to be demolished will be required to be maintained in a manner consistent with the time of demolition application. This is to ensure maintenance of the structure, property, and historic distdct through the upkeep of all properties. Option C. (6) Demolition Derrwlition of historic situ or archaeobgical sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section time of application. Option C Analysis Option C has been revised to require that the proposed demolition of any structure requiring review by the HPB will not require the submittal of redevelopment plans upon application for demolition and that the demolttion not occur until a building permit has been issued for the redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a manner consistent with the time of demolition application. This is to ensure maintenance of the structure, property, and historic district through the upkeep of all properties. Note: It should be taken into consideration that pursuant to LDR Section 2.4.1(A), Concept Plan Review, is an option for all proposals. While this review is non-binding, the Board will review and comment on the proposal concept at a public meeting. J MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: December 18, 2007 SUBJECT: AGENDA ITEM 10,C -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 ORDINANCE N0.57-07 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 4.4.24(B)(12), "Principal Uses and Structures", which specifies the accessory uses and structures permitted in the Old School Square Historic Arts District (OSSHAD), to add all of the accessory uses that are also currently permitted in the Central Business District (CBD). BACKGROUND At the first reading on December 11, 2007, the Commission passed Ordinance No. 57-07. RECOMMENDATION Recommend approval of Ordinance No. 57-07 on second and final reading. ORDINANCE N0.57-07 AN ORDINANCE OF THE QTY COMIvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT' (OSSI-IAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED", TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF TIC OSSHAD DISTRICT WHERE THE PERMITTED USES OF TI-IE CBD ARE ALREADY ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 19, 2007, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Cornrnission 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 finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(C), "Accessory Uses and Structures Pem>itted'", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residues such as: bird aviaries, dog houses and dog nms, garages, greenhotnes, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimrning pools, and home occupations. (2) On a parcel that has as its principal use anon-residential use, there maybe no more than two residential units, either within a separate structure or within a structure housing a non- residential use. DELETED (a), (b), (~. (3) Family Day Care (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following descnl~ed areas, the uses allowed as accessory uses in (a) Lots 13-16. Block 60 Lbl Lots 1- 4. Block 61 ~) Lots 1- 7 and 19-24, Block 69 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid ORD. NO. 57-07 Section 4. That all orcnances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTE D in regular session on second and final reading on this day of .2008. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 57-07 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 27, 2007 SUBJECT: ,AGENDA ITEM 10 C REGULAR COMMISSION MEETING OF DECEMBER 11.2007 ORDINANCE NO_~7-07 (FIRST~ADING/FiRST PSIBLIG. I~EAIt1NG~ ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to Land Development Regulations (LDRs) Section 4.4.24 (C), Accessory Uses and Structures Permitted, to add CBD accessory uses to the principal CBD uses currently allowed on specific lots within the OSSHAD. BACKGROUND Prinapal permitted uses and structures that are allowed in the Central Business District are also currently allowed in certain geographic areas of the Old School Square Historic Arts District by LDR Section 4.4.24(6)(12). This amendment will add the accessory uses of the CBD associated with those principal uses to the list of allowed uses. Following are the accessory uses that are to be added when associated with the principal uses of the CBD: (1) Pazkinglots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms (7) Single level mechanical parking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(Fx4). Pineapple Grova Main Street reviewed the amendment at their November 7, 2007 meeting and recommended approval. The Communky Redevelopment Agency reviewed the amendment at their November B, 2007 meeting and recommended approva{. The Downtown Development Auffiorfty reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West ANanfic Redevelopment CoalNfon reviewed the amendment at their November 14, 2007 meeting and recommended approval. The Planning and Zoning Board considered the subject LDR Amendment at iLa meeting of November 19, 2007 and voted unanimously (r0 to recommend approval. 8y motion, approve on first reading Ordinance No. 57-07, to amend Land Oevelopment Regulations (LDRs) Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). PLANNING AND ZONING BOARD 'STAFF REPORT MEETING DATE: NOVEMBER 79, 2007 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LOR), AMENDING SECTIDN 4.4.24, OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD}, SECTION 4.4.24(C), TO ADD THE ACCESSORY USES ASSOCIATED WITH THOSE CENTRAL BUSINESS DISTRICT (CBD) PRINCIPAL USES THAT ARE CURRENTLY ALLOWED IN SPECIFIC AREAS OF THE OSSHAD. ITEM BEFORE ;THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) Section 4.4.24 (C), Accessory Uses and Structures Permitted, to add CBD accessory uses to the principal CBD uses currently allowed on specific lots within the OSSHAD. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Bi4GKGRt]iINiIDlANfILYSIS' '' Principal permitted uses and structures that are allowed in the Central Business District are also currently allowed in certain geographic areas of the Old School Square Historic Arts District by LDR Section 4.4.24(6){12). This amendment will add the accessory uses of the CBD associated with those principal uses to the list of allowed uses. Following are the accessory uses that are to be added when associated with the principal uses of the CBD' (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (&) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms (7) Single level mechanical parking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -CBD accessory uses added to OSSHAD '.' REUUHED FINDitJC,S Comprehensive Plan Conformance LDR Section 2.4.5{M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Objective A-5 states that "[t]he Cky shall maintain Its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other Innovative development practices." The proposed amendment furthers this objective and is therefore consistent. I~EIIIIicW BY QTHEFt~' The following advisory boards reviewed and made the folbwing rewmmendations: Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended approval. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. Notices: A courtesy notice was provided to the following organization: Neighborhood Advisory Council Letters of objection and support, 'rf any, will be provided at the Planning and Zoning Board meeting. 'ASSES5AIf1+N7 k1+ID C©NCLUSiO~N The purpose of this city-initiated LDR text amendment is to inGude the accessory uses of the CBD and apply them to certain lots within the OSSHAD zoning district. AL'fERNA`i'lV'E AC'i"IOFfS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 4.4.2A, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is 2 'Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment - CBD accessory uses added to OSSHAD consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). REGONlMENDE€t ACTtt3N Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 3 J MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 19, 2007 SUBJECT: AGENDA ITEM 12.A, - REGULAR.COMM/SSION MEETING OF JANUARY 3, 2008 ORDINANCE N0.03-08 ITEM BEFORE COMMISSION Consideration of a privately initiated amendment to Land Development Regulations Article 4.7, "Family/Workforce Housing", to expand the Carver Estates Overlay District. BACKGROUND On April 4, 2006, the City Commission adopted Ordinance No. 18-06 to expand the Family/Workforce Housing Program by increasing the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and creating a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. On November 2Q 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a privately initiated text amendment to amend the description of the Medium Density FLUM designation to include the Cazver Estates Overlay District. The purpose of the text amendment was to allow the overlay district to be expanded northward to include the southern half of Auburn Trace (an existing multi-family residential development), where higher density is required to support redevelopment. This area is currently located within the Infill Workforce Housing Area. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment by modifying two maps within Article 4.7, "Family/Workforce Housing" of the Land Development Regulations. The first map, is in Subsection 4.7.1(c) which depicts the Carver Estates Overlay District and the second map, in Subsection 4.7.1 (I), depicts the Infill Workforce Housing Area. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 17, 2007. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 03-08 for a privately initiated amendment to Land Development Regulations Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsections 4.7.1(c), "Carver Estates Overlay District" and 4.7.1(1), "Infill Workforce Housing Area", amending the maps for the Carver Estates Overlay District and the Infill Workforce Housing Area, by adopting the findings of fact and law contained in the Staff Report and finding that the amendment is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.45(M)(5) of the Land Development Regulations. ORDINANCE NO. 03-08 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 ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTTON 4.7.1(L), "INFILL WORKFORCE HOUSING AREA", BY REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2007, and voted 5 to 0 to recommend that [he changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; 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 finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I . That the recitations set forth above are incorporated herein. Section 2. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7. I (c), "Carver Estates Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(c), "Carver Estates Overlay District", is enacted to read as follows: c. Carver Estates Overlay District -The area shown on the map below. -F- ~ ~ 1, _... _... a S.W ~ AOBIIRN CIRCI£ NORiH ~ - ~ € ~ _- z W fi ~ u $. W. A Buax BR. i~~ C~ p2 p~~ AUBURN CiR. 5 AUBURN '.. - Sw ~,„ sr., Y ~ CARVER EStAlES ~ __ o a < ~t ~ n - /RY Ci I n m S.w. e S.W. _u _n _ ~ ___; _.__. _. ~ ° ~i k S.W. I 3 S.W. n ~n 3 H - 3 3 I N N S W 10TH I a i Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(1), `9nfill Workforce Housing Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by repealing Map 2 and enacting a new Map 2 to read as follows: 2 ORD. NO. 03-08 Map 1 of3 a e z tic `~ ' ° ' -. ~4v~ 95 _. ~ _ L Y 1 Y ~ a ~ +ll u ' ICI j t .~ d [ i ) ~~ rrAA'' ''AA)) 'y ~',r': ~Y~~ y ~ ~ y ~ i ~ w ~-_ y y 5 y ' ... ~ ° y ~ s lD .Ei ~ ~ j . . ,. ~ J . r ~~ __ 3'e y ~ y 3 l S OD f '^ L/} a LO I . . A ~ t+ ~JNN~ ; .,, y f y ~ ~ Y r os ~f t ~~ M 0 e y i t _ I ~ y ::. ~ j y ... a j a y s ~~) pp I~III n y ppg J~~. U F ~ #x 5t'~E ~ ~~ ~~ S ~ 1 n ~ , ~ ( ~, t~ ~ ~~~ i s 2 i, i ~(' eo ~ i p Iii -I {' J ~ s;: •- ~ i ~ r ~ ri) ~ I - ~ ac ~ ~ ~ I aw ~ i ~ OC ~ liO f (~.~ .~~ / ~~ ~ V ~ Cf 1 ~ ~ ~o rxx 5,, ~ 5. df '~~ ~.~ }~ Infi/l Workforce Housing Area ,.,::~ 18 Units Per Acre i~\ti` Coastal High Hazard Area y It r y y ~~~.~.~ a vurax~ a zoww uevwnrenr ~. n mos ~~.,yMy,~., .. gfl~1.LL GSE WVS3,Bl.. '' II Map 2 3 ~ ORD. NO. 03-OS Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 03-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS ARTICLE 4.7 "FAMILY / WORKFORCE HOUSING", EXPANDING THE CARVER ESTATES OVERLAY DISTRICT. ITEM°BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to Land Development Regulations Article 4.7, "Family/ Workforce Housing", to expand the Carver Estates Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS' The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007- 2, which included a privately initiated text amendment to expand the Carver Estates Overlay District by amending the description of the Medium Density FLUM designation to include the Overlay District. The expanded overlay district now includes 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. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending two maps within LDR Section 4.7.1, "Definitions." The first map, shown below, is in Section 4.7.1 (c) which depicts the Carver Estates Overlay District and the second map, in Section 4.7.1 (I), depicts the Infill Workforce Housing Area. The amended maps, attached to this staff report, involve moving a portion of the Infill Workforce Housing Area into the Carver Estates Overlay District. IV.D. Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Amendment to LDRs to Expand the Carver Estates Overlay District Page 2 r nu r~ ~. l i ii _ _~'L1`'D ~m _, M .., lL ,one r~ ~~ REQUIRED FINDINGS LDR Section 2.4.5(Ml(5) (Findinpsl: Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policv 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. Policv 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 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10~" Street Overlay District shall have a maximum density of 12 units per acre. Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Amendment to LDRs to Expand the Carver Estates Overlay District Page 3 • 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. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low to moderate income households. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the amendment at their December 13, 2007 meeting and recommended approval. Courtesv 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 CONCLUSION The purpose of this privately initiated LDR text amendment is to implement a text amendment adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Carver Estates Overlay District to the north. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a privately initiated amendment to Land Development Regulations Article 4.7 "Family /Workforce Housing", Subsection 4.7.1, "Definitions° amending the maps for the Carver Estates Overlay District and the Infill Workforce Housing Area, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Carver Estates Overlay District Map • Infill Workforce Housing Area Map s:\planning & zoning\boards\p&z board\Idr amendment workforce housing expansion of carver overlay.doc K Sw G~ "g'w° fw •tN sr ~ ~ .. .. a Sw. rc a e AUBURN CRCLE IWJRIH ." " Y N ~ r `: ~ 4 .... ~.. i ,'~', yi N.. ~ vt ~~ f" w t ~ w' _... AURN UR. 6 ~ '. ___ 9 ..__.. ~~~~ ~ P ~ ~ '. ~ tl Q. JP~ ~- v;~. AvBURN rrc+. a N AUBURN K ,W TN 5I. " .... IERfl 59 _ ____!_ 't _...... W. t_ ~+ )TN t Z i;ARVEft ESlAtES U a a < ~A 3 3 3 .- N v, JTH CT1. ~ ~ w.aw, ant ;. s w. .. ,'o n < < K s w. Y h _~ O s s _ i sw N PROPOSED FUTURE LAND USE MAP AMENDMENT ..,`~ CARVER ESTATES CITY CF BETRAY BEACM, Gl RwNNiNG A 20NIrvC DEPMTMENi P(iOPO5E0 FUTURE LAND U3E MAP AMENDMENT: MD (MEDWM ~N317Y} --~~ INGfIAI (teSf' MAP SY51£N --- MAP REF: ;Af1021 Map 1 of 3 ... - - € ~ ~' ,'~ !C a 416N 95 ~ __---~--=~-=-- - _ - ~- 11 1 ~ : : ~ b i u ' ~~ ~ ~ ,: tj,~ t f t 5 u 6 a ; ND a7,. ~ e e e a '. 5 C 9 ~ ~ ,~ , , in _ - ~ ~. ...A w s=. '4 `'t cF ~_ ~ x ~ ti ^ ~ ~. ,...,. h _ .~ i, ~ «. ,d.-. 1 ~ f .. ~ .. ~ ~ ~x e ~ ' ~ ~ '. ~ .w.. Ci o ~ e ^' .~ e F ~. / t. i ~slOf .,.. .. a '. s r 4 E,~ M N N' i s e yy~T. t..7 ' ,p ~ ~ ~ ~. D ,: ~ 3 iVlll ':.~, ' a7~ i ~: ~ f Y ~ f s ~ CF ~~'QE ~. ~ .~ ~ 1 1 y ~ TA~11 .~ ~ ~ c ~\ v r ~ ~ \ _~ i. w~ ~, ~ ~ . a / m~ J ~ A A~ fii ~ i~~i~ ..i ~t 2r ~ QC~ 3_., ~ ~~1~~.:68 ~ :.- may _... ~} p //yy ~/ .~~ 6C ~ /W ~ TAN 'tom,-~'~'_ ;, n .:., ..8 ---,,.,~,~ ~ ... mow.. `~`,. S 3~. i r C8 ~~>>: ~i di 08 t ~,,, `,y+ ern.. ~- ~I~ ~ TAN ~ti ~ ~; i ~I° 9 ~ a ~ C ~ ~ ~ ~ ~~ o,„,,,, II ~u .,~ E~ i ~, ~' , 1 ~ z.- infril Workforce Housing Area ~'I~iai~ 98 Units Per Acre ~, Coastal High Hazard Area ..~.. ~:#7'II 1 l r 1 1 J t i I I C 1 ~ ' `i i ..., CilY OF DELHAY ~AGL R PLANNING d tQMNG DEi'AFTMkNT MwG1+i0p0 MW ReF. LMA19b/ ..0 ITA1819£ SY6'tEM_. J MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: November 27, 2007 SUBJECT: AGENDA ITEM 12.B, -REGULAR COMMISSION MEETING OF,IANUARY.3, 2008 ORllINANCE N0.02-08 - LDR AMENDMENT TO REDUCE THE'19ME A SINGLE PARCEL MUST BE VACANT.TO QUALIFY AS IN-FILL DEVELOPMF,NT ITEM BEFORE. COMMISSION City-initiated amendment to Land Development Regulations (LDRs) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. BACKGROUND The current definition of In-Fill Development requires that a single parcel on one street (or two streets for a corner property), be vacant for five (5) or more years, and be surrounded by buildings on two or more sides in order for development of the parcel to meet the definition of In-fill Development. The proposed definition reduces the duration over which a subject parcel must be vacant to one (1) year. When this definition was added to the LDRs in January, 2005, the restriction of five (5) or more years was to prevent someone from tearing down a structure, and immediately rebuilding under the category of in-fill development. The in-fill category, along with changes of use and additions to existing buildings, can utilize the in-lieu of parking option, while new construction can not. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects [Section 4.4.13(C)(7)]. The in-fill development definition would allow the parking lifts option only if the parcel had been vacant for five (5) or more years. This innovative parking technique is appropriate for in-fill development and to require a vacancy for five (5) years appears excessive. The amendment to reduce it to one (]) year will continue to provide the necessary safeguards while making the parking lift option more available. In summary, the benefits of developing under the provisions of Inftll Development realized by this proposed amendment include: * Allowing the fee in-lieu of parking option to satisfy the required number of parking spaces. Allowing the provisions of parking lifts to help satisfy the required number of parking spaces, in the CBD and specific areas of [he OSSHAD zoning districts. REVIEW BY OTHERS Pineapple Grove Main Streetreviewed the amendment at their November 7, 2007 meeting and recommended the duration be reduced to two (2) years instead of one (1) year as proposed. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval of a duration of one (1) year. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. The Planning and Zoning Board considered the subject LDR Amendment at its meeting of November 19, 2007 and voted unanimously 6-0 to recommend approval. RECOMMENDATION By motion, approve on first reading Ordinance No. 02-08, to amend Land Development Regulations (LDRs) Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Memo To: City Commission From: City Manager CC: Date: December 28, 2007 Re: Ordinance 02-08, Changing the Definition of Infill Development This ordinance would reduce the time a parcel must have been vacant in order for development to qualify is infill from five years to one year. I strongly recommend that the City Commission reject this ordinance. In the last couple of years many structures have been demolished in the CBD, CBD-RC and OSSHAD districts based on approved redevelopment plans. These redevelopment plans provided for on site parking. Due to current economic conditions, many of these projects are not moving forward. If this ordinance were approved, a number of these projects would be able to qualify as infill. This would mean they would no longer be required to provide on site parking, but they would be eligible to pay the in-lieu fee instead, and the burden of supplying adequate parking would fall on the City. The project could be redesigned and built without the cost of structured parking on site. While the in-lieu fee is appropriate for change of use or infill development of parcels which have long been vacant, I advise that we not use it to facilitate redevelopment. In addition, we do not yet have any local experience with mechanical parking lifts. I suggest that we should not facilitate more widespread use of such lifts until we gain experience with how well they work and how they are received by the public. Recommendation: That the City Commission reject Ordinance 02-08 on first reading. If the Commission wishes to allow more widespread use of mechanical parking lifts, then 1 recommend that the Planning and Zoning staff be directed to draft a more narrowly focused ordinance which would allow the lifts but not allow payment of in-lieu fees for infll development unless a parcel has been vacant at least fve years. ORDINANCE NO. 02-08 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 APPENDIX "A", "DEFINITIONS", TO REDUCE THE DURATION OVER WHICH A SINGLE PARCEL MUST BE VACANT FOR ITS DEVELOPMENT TO QUALIFY AS INFILL DEVELOPMENT FROM 5 YEARS TO 1 YEAR; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 19, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; 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 finds the ordinance is consistent with the Comprehensive Plan. 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 Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: IN-FILL DEVELOPMENT The development of a single parcel having frontage on one street or two streets for a corner parcel, and which has been vacant for €we-(3j one 1 years or longer and is surrounded by buildings on two or more sides. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 200_ ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 02-08 MEETING DATE: NOVEMBER 19, 2007 AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX A, DEFINITIONS, TO REDUCE THE DURATION OVER WHICH A SINGLE PARCEL MUST BE VACANT FOR ITS DEVELOPMENT TO QUALIFY AS IN-FILL DEVELOPMENT. The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The current definition of In-Fill Development requires that a single parcel on one street (or iwo streets for a comer property), be vacant for five (5) or more years, and be surrounded by buildings on two or more sides in order for development of the parcel to meet the definition of In-fill Development. The proposed definition reduces the duration over which a subject parcel must be vacant to one (1) year. When this definition was added to the LDRs in January, 2005, the restriction of flue (5) or more years was to prevent someone from tearing down a structure, and immediately rebuilding under the category of in-fill development. The in-fill category, along with changes of use and additions to existing buildings, can utilize the in-lieu of parking option, while new construction can not. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects [Section 4.4.13(C)(7)]. The in-fill development definition would allow the accessory use only if the parcel had been vacant for five (5) or more years. This innovative parking technique is appropriate for in-fill development and to require a vacancy for five (5) years is excessive. The amendment to reduce it to one (1} year will continue to provide the necessary safeguards while making the option more available. Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of in-Fill Development Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices." The proposed amendment furthers this objective and is therefore consistent. The following advisory boards reviewed and made the following recommendations: Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended the duration be reduced to two (2) years instead of one (1) year as proposed. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval of a duration of one (1) year. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. Notices: A courtesy notice was provided to the following organization: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this city-initiated LDR text amendment is to amend the definition of "in-fill development" to reduce the duration that a parcel must be vacant in order for its development to qualify as in-fill development. Recent LDR changes have allowed single level mechanical parking lifts in the CBD for infill development projects. However, use of this innovative parking technique is limited by the restriction that parcels be vacant for a minimum of five (5) years. The amendment to reduce it to one (1) yearwill continue to provide the necessary safeguards while making the option more available. A. Continue with direction B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -Definition of In-Fill Development contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, Definitions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 3 J MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 21, 2007 SUBJECT: AGENUA ITEM 12.C. -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 ORDINANCE NO.Ol-OS ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to specify the required scales to which various components of development plans must be prepared. BACKGROUND The primary purpose of this amendment is to specify the required scales to which various components of development plans must be prepared. The survey, site plan, landscaping plan, preliminazy engineering plans, etc., must be consistent, and this amendment specifies that 1" = 10'; ]" = 20', and l" = 30' are acceptable. Also, a single preliminary engineering plan that shows all proposed improvements (i.e. composite) can be drawn at a scale other than those specified above. Further, preliminary and final plats will now have 1" = 10' (in addition to I" = 20' and ]" = 30') as an acceptable scale. Preliminary engineering plans must be prepared on sheets dimensioned at 24" X 36", and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmazks to allow quick identification of the proposed project's location. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 17, 2007. No one from the public spoke on the issue. The Boazd unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. OI-08 for aCity-initiated amendment to the Land Development Regulations Section 2.4.3., Submission Requirements, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO.Ol-08 AN ORDINANCE OF THE CITY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTIONS (A), "STANDARD APPLICATION ITEMS", (B), "STANDARD PLAN ITEMS", (D), "PRELIMINARY ENGINEERING PLANS", AND (FI), "SUBMISSIONS (PLATTING) ITEMS" TO PROVIDE FOR UPDATED SUBMISSION REQUIREMENTS PERTAINING TO ENGINEERING ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, piusuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2007 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detemmined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLO4VB: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 2.4.3, "Submission Requirements", Subsection (A), "Standard Application Items', of the Land Development Regulations of the Code of Ordinances of the Gty of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 SUBMISSION REQUIREMENTS This Section sets forth items which are to accompany an application for development approval. These requirements maybe waived when, on a case by case basis, the Director finds that such material is not relevant or necessary to fully analyze or make a detemmination relative to an application Also, the Director may reclinre submission of additional information as set forth herein. (A) Standard Application Iterrs: Every application for a development approval shall contain the following items: (1) A corry~leted application form, appropriate for the development approval which is sought, as provided by the Director. ' (2) A copy of the latest warranty deed, as recorded with the County Clerk, for all the property under consideration, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein (3) If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, documentation must be provided which demonstrates that the corporation s representafive is authorized to act on behalf of the corporation (4) A vicinity map which clearly shows the subject property, adjacent properties, and their relationship to streets located at a minimum within one-half mile of the property. Vicini map shall be at a scale that is readily readable and include sufficient landmarks to quickly identify location of proposed proiect. (5) A survey or plat which shows the property described pursuant to the legal description contained in the warranty deed required in subsection (2), above. Such surveyor plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application (6) For all items which involve a public hearing which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(n). (7) Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the City). [Reference 2.4.2(C)(2)(a)]. (8) Payment of the appropriate processing fee. See Section 2.4.3(x) for the fee schedule. (9) A completed "School District of Palm Beach County -School Concrmency Application and Service Provider Forrri', and a check or money order for the appropriate fee, made payable to: The School District of Palm Beach County. This is required for all projects which include residential dwelling units. ORD. NO. OI-08 Section 3. That Section 2.4.3, "Submission Requiremerrts", Subsection (B), "Standard Plan Items", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan. (1) The s~ev. site plan, landscaping plan, preliminary engineering plans, and-all ^'''^°~,a~p'~^~-2-g tree survey, photorretric plan, irrigation plan, (excluding architectural elevations and floor plans which shall utilize an architect's scale) shall be at the sarre scale. Acceptable scales shall include 1"=10'; 1"=20' or 1"=30'. The size and location of structures, landscape areas, and other features shall be dimensioned (2) A title block which shows: the project name, the scale, the date of the drawing. revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the nacre of firm or individual who prepared the drawing. (3) A north arrow and a location map inset. (4) The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed (5) The center line of the right-of-way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street. (6) The approximate location of intersecting lot lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels. (~ The location of the nearest driveway or point of access of adjacent properties (including property across a street, winch shares a corrunon street with the subject property). If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided (8) The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transfomner boxes, etc The plan shall identify the disposition of all such existing utilities. (9) The location of any other significant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and ORD. NO. OI-OS water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey maybe required If so, it shall be at the same scale as the site plan NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. (10) The location of all proposed stitrcttrces with setbacks dimensioned from the closest property lines. (11) The intended ruse of each structure. This maybe accotntnodated directly on the drawing or by referencing the structures by letter and providing a chart. (12) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MUTCO) symbols shall be used to show control devices and pavement markings. A separate flow control plan maybe required. (13) The location of parking areas and loading canes (areas). The number of parking spaces shall be shown on the plan The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided In addition, a detail showing parking space striping, space sizing. and trethod(s) of providing wheel stops shall be provided (14) The manner in which all utility services are to be provided to the site and to individual structtms on the site. (15) The location of any buffets, fencing, walls. A sketch of the type of such feature shall be provided. (16) The location of proposed signing with an indication of proposed height and dimensions. (Note: Sign approval is not a part of a site plan approval.) (1'~ The location of proposed lighting fixtures with a note pertaining to height. A picture or sketch of the lighting fixture and a lighting coverage exhibit may be required (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating. and the type of materials to be used for the enclosure. (19) The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, grormdcover) which is to be provided therein. ORD. NO. OI-OS (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan maybe requimd. (21) The F.E.NLA. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Darrmage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided (23) A completed "Project Data' sheet. This sheet shall be available at the Plaru~ing and Zoning Deparnrent and shall be unigrxe to different types of development activity (i.e. commercial, industrial, residential). (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (Ivi)] Section 4. That Section 2.4.3, "Submission Requirements", Subsection (D), "Preliminary Engineering Plans", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) PreliminaryEngineeringPlans: (1) Prelirninaiy Engineering Plans shall provide information and be in a format as required by Section 2.4.3(B), Standard Plan Items. (2) Said plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer) with topographic features extended to ten feet (10') beyond the site. All plans shall be drawn on a sheet which is 24" b~6". (3) Said plans shall show the approximate location as shown in records of Delray Beach and/or field observations of all existing water, sewer, and drainage facilities along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc. (4) Said plans shall show the proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site, including pertinent calculations, and the rrethod of providing service to the proposed structures. (5) Said plans shall show the rrethod of providing service to proposed structures. (6) Said plans shall show the location of proposed street lights and shall address the responsibility for installation ORD. NO. 01-08 Section 5. That Section 2.4.3, "Submission Requiren~erits", Subsection (I~, ""Submission (Platting) Items", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (I-~ Submission (Platting) Items: A preliminary or final plat shall contain the items identified in the following subsections. All plats shall be drawn at a scale of 1"=10', 1"=20' or 1"=30' i . ,a:u,.,_..,. ,.,.a,.:~ .n,....a : .a.,...,.,. H...w,, r:,,, r . ~. Y. ,~ plats shall be drawn on a sheet which is 24" by 36". (1) The Preliminary Plat: A preliminary plat shall be clearly titled "Preliminary Plat". It must encompass all of the land which is under the legal description contained in the warranty deed(s) and shall show the following infom~ation (a) Iterrn 1-5, (r9, 20, and 21 of the Standard Plan Items listed in Section 2.4.3(B). (b) The name and location of adjacent subdivisions and lots. (c) All existing easements (recorded or apparent) and existing (internal) property or lot lines along with notations as to the propose of the easernts and reference to their recording insrilumnt. Existing easements and lot lines which are to be removed, abandoned, or relocated shall be shown in dashed lines. (d) The proposed boundary lines of new lots and tracts and easements. All such lines shall be dimensioned and the purpose of easements and of restricted use lots and tracts shall be identified (e) All streets shall show proposed street names. (f) The proposed location of street trees shall be shown if the subdivision is not associated with a site plan or landscape plan submission A separate exhibit shall show street tree specifications and planting details. For small subdivisions, the street tree plan may be submitted in the form of a narrative. ORD. NO. 01-OS ('7) Surface water management calculation indicating the proposed systems ability to rmet storm water quality and quantity requir~inents in accordance with SFWNID (South Florida Water Management District) regulations. (g) The proposed location of street lights shall be shown if the subdivision is not associated with a site plan or landscape plan submission A separate exhibit which identifies the type of street lights and the responsibility for installation and maintenance shall be provided (h) If all of the land is not to be subdivided into individual lots but retained in a future development tract, the preliminary plat must show the general location of the anticipated street pattern, routing of utilities, points of access, and the proposed use for such tracts. A dedication statement shall be provided The dedication shall be in the format shown in the City Subdivision Fours. Variations can be made to accommodate unusual situations; however, such variations must be first agreed to by the Crty Engineer. When the dedication statement provides for common areas, a separate narrative is to be provided wltich describes the proposed rrethod of ownership and maintenance. (j) The signature block shall be provided in the format shown in the City Subdivision Fours. (2) A Final Plat shall be drawn at a scale of 1"=10', 1":20' or 1":30'. Individual sheets, their size, marginal lines, and other drafting considerations shall comply with requirements of Palm Beach Cotmty for the recordation of plats. Where the final plat regrrires more than one sheet, each sheet shall be keyed to a master map. The final plat shall show the following (a) A map showing the location of the subdivision with respect to Section or Government lot lines. (b) A title block as provided on the preliminary plat. (c) Bormdary lines drawn in compliance with F.S. 177, Land Boundaries. (d) The accurate location material of all pem~anent reference monuments (e) The exact layout, including street and alley lines, street names, bearing arrgles of intersection and widths (including widths along the lines of any obliquely intersecting street), lengths of arcs and radi, points of curvature and tangent bearings, all easemerrts or rights-of-way wtrere provided; all lot lines with dimensions in feet and hrmdredths and with bearings or angles if other than right angles to the street or alley lines. (f) Lots numbered in numerical sequence beginning with number one in each block, and blocks numbered in nrarrerical order or lettered in alphabetical order. ORD. NO. 01-OS (g) The accurate identification of all property which is to be dedicated or reserved for public rse including open drainage courses and easements, and all property that maybe reserved by covenants in deeds for the common use of the property owners in the subdivision with the purposes indicated thereon (h) Mortgagee statements of consent. in the fom~at provided in the City subdivision Forms. (i) Title Certification by an attomeyFat-law or title company, in the fom~at provided in the City Subdivision Form. (j) Standard Dedication Statement, in the fom~at provided in the Gty subdivision Fomms. (k) Standard Signatiue Block, in the format provided in the City subdivision Forms. (1) Surveyors Certificate attesting to the accuracy of the survey and the placement of permanent reference monuments, in the format provided in the City subdivision Fours. (m) Nacre of the subdivision centered at the top of the page and a north arrow with scale. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are herebyrepealed Section 8. 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 2008. ATTEST MAYOR Gty Clerk ORD. NO. Ol-O8 First Reading Second Reading ORD. NO. 01-OS PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.3., SUBMISSION REQUIREMENTS, TO SPECIFY AND MAKE CONSISTENT THE ACCEPTABLE SCALES AT WHICH VARIOUS DEVELOPMENT PLANS MUST BE PREPARED. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) Section 2.4.3, Submission Requirements, to address plan scales and to provide consistency. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS ' A similar LDR text amendment was considered by the Planning and Zoning Board at the November 19, 2007 regular meeting. The item was continued with staff directed to exclude the architectural and floor plans from the same requirements that would apply to site plans, landscape plans, engineering plans, etc., since they are typically drawn at an architect's scale and not at an engineer's scale. While including the language to provide for this exclusion, staff noted that other specific plans should be included in those to be drawn at an engineer's scale; fhe attached ordinance reflects this refinement to include photometric plans, survey plans, and irrigation plans. The primary purpose of this amendment is to specify the required scales to which various components of development plans must be prepared. Currently, the site plan, landscaping plan, preliminary engineering plans, and all other plans, must be consistent, and this amendment specifies that 1" = 10'; 1" = 20', and 1" = 30' are acceptable. At the Board's discretion, the clause 'and all other plans' is stricken, and architectural and floor plans are specifically excluded from the engineering scale requirement. Also, a single preliminary engineering plan that shows all proposed improvements (i.e. composite) must utilize an engineering scale, however, it can be drawn at a scale other than those specified above. Further, preliminary and final plats will now have 1" = 10' (in addition to 1" = 20' and 1" = 30") as an acceptable scale. Preliminary engineering plans must be prepared on sheets dimensioned at 24" X 36", and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmarks to allow quick identification of the proposed project. Planning and Zoning Board Meeting, December 17, 2007 LDR Amendment -Plan Scales REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes..." The proposed amendment furthers this objective and is therefore consistent. REVIEW BYOTHERS Notices: A courtesy notice was provided to the following organization: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this city-initiated LDR text amendment is to clarify and make consistent the acceptable scales at which various development plans must be prepared. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 2.4.3, Submission Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 2.4.3, Submission Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.3, Submission Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • City-initiated amendment iJ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggazd, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 19, 2007 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMYSSION MEETING OF JANUARY 3, 2008 ORDINANCE N0.04-OS ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District. BACKGROUND On March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending the Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new I-95/CSX Railroad Corridor Overlay District, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the proposed amendment, is to clazify that they are permitted only within the I-95/CSX Railroad Corridor Overlay District. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Boazd on December 17, 2007. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 04-08 for a Ciry-initiated amendment to the Land Development Regulations Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 04-08 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 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2007, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; 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 finds the ordinance is consistent with the Comprehensive Plan. 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 Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A), "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST City Clerk First Second Reading MAYOR 2 ORD. NO. 04-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV. E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.19 "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A) "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE I-951CSX RAILROAD CORRIDOR OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I- 95/CSX Railroad Corridor Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND'/ANALYSIS On March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending the Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new 1-95/CSX Railroad Corridor Overlay District, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the amendment, now before the Board for action, is to clarify that they are permitted only within the I-95/CSX Railroad Corridor Overlay District. The amended "Purpose and Intent" section is to read as follows: "The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map." REQUIRED FINDINGS LDR Section 2.4.5tM1(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text IV. E. Planning and Zoning Board Memorandum Staff Report, December t7, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - I-95/CSX Railroad Corridor Page 2 amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policv 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. Policv 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 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10~" 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. While this amendment is corrective, it's inclusion in the LDRs is a necessary part of the overall implementation of the City's Family/Workforce Housing Program, which furthers this objective and policies. ASSESSMENT AND GONCLUSION The purpose of this City-initiated LDR text amendment is to modify the "Purpose and Intent" section of the Mixed Industrial and Commercial (MIC) zoning district to allow the section to be interpreted as it was intended, by providing clarification that residential uses within the MIC zoning district are permitted only within the I-95lCSX Railroad Corridor Overlay District. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move to recommend to the City Commission approval of aCity-initiated amendment to the Land Development Regulations (LDRs), Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. s:\planning & zoning\boards\p&z board\Idr text amendment workforce housing i-95-csx corridor2.doc