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05-13-08 Agenda Spec WSCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING -TUESDAY, MAY 13, 2008 6:00 P.M. DELRAY BEACH CITY HALL -FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243- 7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Rita Ellis has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. Proclamation for Rotary Group Study Exchange (GSE) Team 2. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICES COUNCIL (CSCI/OUT-OF- SCHOOL YOUTH ENRICHMENT PROGRAM: Authorize staff to submit the proposed budget funding request for Fiscal Year 2008/2009 to the Children's Services Council of Palm Beach County in the amount of $299,417.00 for the services associated with the Out-of-School Youth Enrichment Program. WORKSHOP AGENDA 1. Green Task Force recycling recommendations 2. Discussion regarding International Council of Local Environmental Initiatives (ICLEI). 3. Green Task Force Proposal for Work Shops via Electronic Bulletin Board 4. Presentation on 20-Year Water Supply Plan 5. Alternatives regarding Historic District Boundary Adjustments 6. Commission Comments 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. WHEREAS, the Group Study Exchange (GSE) program of the Rotary Foundation of Rotary International is a unique cultural and vocational excliarige opportunity for young business and professional men and women between the ages of 25 and 40 in the initial years of their professional life, and WHEREAS, for four to six weeks, team members study the host countr5/s institutions and ways of life, observe their own vocations as practiced abroad, develop personal and professional relationships, and excliarige ideas; and WHEREAS, team members can come from corporations, small businesses, community organizations, medical and educational facilities, government offices, and nonprofit agencies; and WHEREAS, GSE offers a unique opportunity to develop leadership skills, work on team building, and increase self-confidence; and WHEREAS, the program is designed to have an invaluable impact on the career of a young professional in the increasingly global workplace by creating networking opportunities and lifelong friendships; and WHEREAS, GSE enhances the international perspective of the next generation of young leaders that will take manycompanies into the future; and WHEREAS, GSE fosters a creative approach to problem solvingbyexpandingthe employee's skill set, exposure to alternate methodologies, and preparation for addressing community needs; and WHEREAS, participants return with new communication and facilitation skills that promote tolerance and collaboration with professional people of other cultures. NOW, THEREFORE, I, BRENDA MONTAGUE, Vice Mayor of the Gty of Delray Beach, Florida, on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize the ROTARY GROUP STUDY EXCHANGE (GSE) TEAM in Delray Beach and encourage all citizens to join us in recognizing the Group Study Excliarige (GSE) Team of the Rotary Foundation of Rotary International 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 13~ dayof May, 2008. BRENDA MONGATUE VICE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: May 7, 2008 SUBJECT: AGENDA ITEM SP.2 - SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICES COUNCIL (CSC)/OUT- OF-SCHOOL YOUTH ENRICHMENT PROGRAM ITEM BEFORE COMMISSION This item is before City Commission for approval to submit the baseline budget funding request for fiscal year 2008/2009 to the Children's Services Council of Palm Beach County. BACKGROUND The Parks and Recreation Department is in the process of completing its budget for the eleventh year of funding from the Children's Services Council of Palm Beach County for our Out of School Program. We will enroll 300 children at three (3) sites during the school year. CSC will fund the actual attendance which is anticipated to be approximately 250. The Out of School Youth Enrichment Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps and nine weeks of Summer Camp. CSC funding will amount to approximately $299,417. FUNDING SOURCE Children's Services Council of Palm Beach County RECOMMENDATION Parks and Recreation Department recommends approval to submit a baseline budget to the Children's Services Council for funding the Out of School Youth Enrichment Program. .~, Ch~ifdren~s services C~uncii P A l M 6 f A C H C O U N T Y March 28, Z00$ Timothy Simmons City of Delray Beach Parks & Recreation Out-of-School Youth Recreation/Enrichment - 104 50 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Simmons: 2300 High Ridge Road Boynton Beach, i;L 33426 Main 561.740.7000 Tel 800.331.1462 fax 561.835.1956 www.cscpbc.org Over the past several months, the Children's Services Council of Palm Beach County (CSC) has been informing providers of its focus on creating greater systems of accountability - oat only for us, but also for the agencies and programs that we fund. In keeping with that focus, CSC's approach to the 2008/2009 program allocations continues the process of bringing a closer correlation between budgets and service- level objectives. The goal of the 2008/2009 process is for providers to plan more in developing budgets so fewer funds are left unspent at the egad of the year. Last year, CSC used cost drivers and historical spending patterns to determine your allocation amount for 20071200$. The 2008/2009 process is similar to last year's, keeping all line items constant from the 2007/2008 budget except those affected by cost driver data. Those line items that did affect a change in your allocation are: salaries, fringe benefits, insurance, mileage ($0.505 per mile), and rent. The expectation is that the program budgets submitted will reflect changes only in the itezxzs identified above; no increase will be provided for any other line item.. A utilization rate based on past expenditure patterns was applied to each of the items identified (salaries, fringe benefits, insurance, mileage and rent} in order to arrive at the percentage change recommended for that line item, Even though there have been increases in the identified cast categories,'significant past under expenditures may result in a lower allocation for the 200$/2009 fiscal year. This process of reviewing past expenditure rates was applied on aerogram-by-program basis. The allocation for your program for 200$12009 is leased an historical information concerning spending patterns. We recognize that your program's expenditure rate may increase in the coming year and it is not CSC's desire or intent to impact service levels. Therefore, CSC is establishing an amount of money that will be referred to as the "risk pool." Tt will be accessible to providers who exceed their historical expenditure rates and, thereby, would not tae able to operate at contracted capacity without additional dollars. Based on our review, this would most likely occur if an agency experiences less turnover in FY 2008/2009 than it has in the past, since that appears to be one of the largest drivers in the under expenditures. o ~~ ~~ peck ARR Q ~ Z00~ Your allocation from Children's Services Council of Palm Beach County for the 2008/2009 fiscal year will be $299 4f7 for a period of 12 >tuanths. Please note, this allocation is contingent an approval by the Council and may change based upon the total revenue CSC will receive due to the ontcame of Amendment 1 and the decrease in property values throughout the county. Receipt of this letter is not a guarantee of funding far this progra>'n. Budgets are to be submitted into SAMIS no later than May l5, 2008. Failure to meet this deadline will require the provider to provide a written explanation and appear before the Council's May 22~a Program Review Committee to explain why it failed to meet the budget submission deadline. Additionally, shortly after the May 1S`h deadline, in the event any budgets still have not been submitted, a "drop-dead" data will be announced after which budgets will not be allowed to be submitted, so that funding will not be provided for Fiscal Year 2008-2009. There is a change in the base application process this year involving a meeting (either in person or by conference call) with your CSC Contract Manager, Research Analyst and Fiscal Analyst/Consultant and the program and fiscal staff members for your agency's program. We anticipate that inmost cases there will be a physical meeting; in some cases, due to the provider's distance from Palm Beach County or because there will be very little to discuss regarding the budget and PIE, a conference call may be warranted instead. Your Contract Manager will be in touch with you with further details regarding this meeting and who from your agency will need to be in attendance. The basic concept is that, by the end of the meeting, the PIE and budget will have been agreed upon; while there will be some further approval steps within CSC, if there are any changes you Contract Manager will review those changes with you (and if the changes are significant, schedule another meeting). The purpose behind this change is to reduce or eliminate the number of times the budget document goes back and forth between your agency and CSC. Additionally, it was felt that there would be advantages for both. your agency and CSC for the program and fiscal staff for bath parties to be more knowledgeable about the PIE and the budget. If you have any general questions regarding the base budget process, please contact Shawn Laing, Budget Director, at (561} 374-7578. Your CSC Contract Managers and Fiscal staff look forward to working with you on your 2008/2009 budgets once the process begins. Sincerely, Bill Cosgrove Chief Financial Officer City of Delray Beach Parks & Recreation Out-af Scl~oo] Youth Recreatiw~/Enrichinant - 104 Martha Lynch l T O e-- W •~ 6L. ~ Q ~ V W V © ,~ M~ 6i.1 ~ J ~ (~ t... Z ~_ Z ._ O v ~ W I.i~ O O Q C M di O f~ L r ro u m m ~ ~.n co ~ ~ En a o cs~ ~ ~n ~ o ~ c~ `'~ O ~ rn ~ o c~ te N O N ~ r N ~ m h F- N r - e- 0 m cry a's <Y ~ O co €n o c*) o ,~ ~ ~ dam' (fl O ~ N ~ ~ ~ _" O i!7 N CO d' l~ LY? M O n Q< N ~- N C~ N ~-- N r r ~~-. 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M m ~ ~ n (~ o ~ p ~ ~ . ~ t~ c ~. cal Cn ~.-~ ~ c l ~ ~ {- ~ ~ 11 ~ ~ T ~ ~ ~ a "» ~ ~ O~ ~ ~ ~C7 N .V-~ yd~- C V O ~ a ~ ~ ~ O ¢ ~ ~ °~ ~ a2S y ~~ ~~ ~ I n ~ N ~ ~ tt7 ~ ~ ~ ~ r-' rA U? ~ - ~~ ill N "Z ~ 0. C1 ~ CL1 W ~ © 1- 3 Q ~ ~ ~ . w.~ - ~ ~ a~ LL. O cS3 ~ ~ -a ar .w: rn ~ m Q ~ ti ~ r i p ~ t~! ~ ~ ~ ~ cV ~ M ~ ~ ~. 7 ~. El.i Q ~ o ~ ti r- M N eODO~ ~ N C C ill L (,~ L Q} ~ •~ J~+ W ~ ~ m C ~ ~ Q ~~ L ~ o U ~ a ~ a ~ L. U ~ ~ ~ F- U L~ x ~ tl0 a U ~ c i U ~,u ~ ui Oca ~ ~ c ~ ~ cn e[ N ~ o ds ~"' ~ D ~ -~ ~ C L ,Q. Q q ~ ~ ~~ ~~N ~ ~ 11~. 4 ~ ~ ~~ j ~ ( ~ c a ~ A Ll q 1- ~ ~. N ~ nS o ~~.. ~ o ~ ~,U "~~ ~ .. ~ ~ ~ X ~ ~ ~„ .~: u7 C ~ CI3 t~ " a u- ~ ~ lil to o ]~ ~ cn o + o ~ ~ ~ ~ a~ io ~ ~ ~~av ~ ~ ~ ~~° _o ~~ ~ ~ ~ N ~ C f~ ~. ~ ~ ~... U ~ O ~ Q 1{ U U f4 " "' O x... ~M ~ ~ N c Cfl W ~ ~ ~ ~ ~ '~ II ~ !~ a;. ~ _ ~ cll ',~ ~ t[S p ~ Q ji ~ ~ ~ ~ o ~ .~ ~ O N `~ x ~ ~ p ~ j U CA .... ~ ~. ""'" ~ ~ ~ .F ca U ~ ' t~. '~ O O n ~ U7 ~ ~ ~ ~ ~ ~ i1j a. l1J ~' ~ N . . C U7 ~ © ~ ~ a E€ ~"' ~ ~ ~ !11 ~. W ~ p ~ ~ ~ d f/~ 73 ~ TS ~ ~s ~ tL O ~ CS3 ~ .~, ~, c w p ~-. ~ ~ a 'a ~ !U ~ upi ~ ~ ~ ~ ~ o ~ ~ ~ U ~ rt Z ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ fn .~ V1 N ~ fl.. ~ ~ ~ , ~ r~r ~ ~ ~ [% ~ r U F~- m ..... Q a` c`"~s N ~ N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineeer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 6, 2008 SUBJECT: AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 GREEN TASK FORCE RECYCLING RECOMMENDATION ITEM BEFORE COMMISSION Discussion regarding the Delray Beach Green Task Force recycling recommendation. BACKGROUND The City of Delray Beach Green task Force was asked to evaluate both single stream and dual stream recycling and to report back to City Commission with a recommendation. This discussion will involve the Task Force decision as well as the process undertaken to arrive at their decision. A report outlining the Task Force recomendation is attached. RECOMMENDATION I believe the energy savings from additional recycling volume which normally occurs upon going to single stream would more than offset the additional energy required to transport our material to Pompano. Nevertheless, there are also legal and political obstacles to going single stream due to our existing agreements with the Solid Waste Authority and the investments Palm Beach County has made in the dual stream approach. With regard to Task force recommendations on other aspect of our recycling program, we need additional staff analysis before any changes are made. City of Delray Beach Report to City Commission on Recycling Prepared by the Green Task Force May 5, 2008 Table of Contents Single /Dual Stream Recommendation .............................................................................1 Understanding the Single Stream /Dual Stream Evaluation Criteria ..............................1 Table 1-Evaluation Criteria Table 2 -Summary of Analysis Additional Recommendations and Possible Solutions Relating to Current Renewal of Waste Management Contract .........................................................................................3 A Possible Win-Win Scenario Expansion of Overall Recycling Efforts Clearly Define Commitments by WM in Contract Additional Recommendations Regarding Recycling in General ......................................4 Mandatory Recycling Ordinance Increased Public Education Program Requiring Future Construction Projects to Include Recycling Event /Beach Recycling Single /Dual Stream Recommendation The City of Delray Beach Green Task Force, voted 6-0 on April 23~d to recommend to the City Commission the continuation of dual stream recycling for the City of Delray Beach, with the added note to work with Solid Waste Authority to make every effort to increase collection rates from their current levels. The decision proved to be very difficult with extensive analysis and multiple presentations by both Solid Waste Authority and Waste Management. After careful analysis of the data presented and intensive independent research by the Task Force, the issue generally came down to a weighting of increased carbon footprint in transportation and increased quantity of collected recyclables. Please note that this discussion was lengthy and this summary carries the dangers of oversimplifying the decision. The Single Stream system's main advantage seemed to be an increase in the collection of recyclables, primarily due to the necessity of utilizing a transfer station in Pompano Beach. The Task Force ultimately felt that the increase in collection quantities could not justify the significant increase in green house gas emissions, and that other efforts could be made locally to achieve higher collection quantities (diversion rates). While a clear recommendation on this specific issue is what was asked of the Task Force, there was a great deal of exploration and discussion of not only this specific issue, but also recycling in general in Delray Beach. We felt it was important to share our thoughts, which are contained in this report, including a dedicated section on specific important issues relating to the renewal of the current Waste Management contract. Understanding the Single Stream /Dual Stream Evaluation Criteria The Task Force found it very difficult to come to a conclusion based on testimony because the Task Force received diametrically opposing testimony from Solid Waste Authority (SWA) and Waste Management (WM). It was difficult to get substantive documentation of their claims. Thus, the Task Force sought out further independent information in the form of reports and articles that had been published on the subject. The following table is a synopsis of the pros and cons that drove much of the decision, followed by a distilled summary analysis table. Note that much of the data on this issue is very hard to determine due to wide variations in reporting, types of sorting facilities etc., and statements in the criteria that follow are somewhat generalized. Green Task Force Recycling Report Page 1 of 5 April 11, 2008 >, N t' -6 fp '~ O N fp O +' ~' O t - ~ U N U m C O fp N ~ -6 t Q N -6 t w U ~~ R C N O~ N N m ~ N i 7 m S O N U fp - 3 O '6 ~ N >, ~ N U N fp ~ 7 ~ m ~ (n fp ~ O N w ~ > O +~' ~ w j N U m fp N t N N O ~ 0 O N N C~ Q~ N C ~ p N N ~ ~ t ~ ~~ (n ~ (6 ~ ~ ~ O C 7 O ~ m 'O ~ >, N a'.' N w ~ ~ (n (n ~ o ~ . c ~~ ~ U ~ ~~ ~ ~ ~ N ~ c ~ > N ~ N a °~ o ~ ~ vi 3 ~- o rn° o~ ~ v~ ° ~ m U m~ m N ° 2 N~ ~ ~ ~ ~ ~ a i a i ~ N ~ o~ u i o - -~ N ~ a~ c ~ ~ ~ „ ~ . O N o ~ o Q ~ O N o ~ ~ c ~ N o.~ N ~m U `o ~ ~ a~ c ' ~ o c aNi ~ . ~ ~ °~ ~ ->- ~ U o - ~ ~ c ' ~ o t ~ Q ~ ~ p U ~, o = N ' ~ c ~ ~ -~ a~ O ~ o o ~ ~ m ~ E ~ ~ m m ~ a~ ~ U ~? ~ o m V ~ N C .~ fOp fp U Q N > ~ C ~ T N t 7 O_ +. ~ -O C ~ ~ m N N N t N fp Q ~~ O_ N U O - U U N ~ p 0 fp ._ ~ .C O_ U m O N U ~ > U ~ >,.C >' p U m t ~ N ~ ~ ~ ~ -O m Q ~ .~ ~ ~ C ~ ~ p ~ C 'O i O (n O (~j 7 fp U ~ ~ p '~ ~ > m t ~ N - ( N O O ~ ~ m O w N O fp ~ U m~ H 6 U~ >i Q~ N N _ ~ O ~ . C C ++ fp ~ - ~ 7 N~ 7~ t ~ U Q m 7 p Q N C O V w 7 O C N D U m N~ ~, N N ~ 7~ U 3 V~ N O t ~ ~ .C m~ fp m O N >i ~ Y t O V~ O O- C U N p 0, y C Q C N O -O O +. C ~ N W ~ E ' ~ ~~ U Q D Z Q' D O_ fp . N . . 6 . N . . . O . . . . U . -° ~ ~; .N ~ ~ ~ N a? E c i~ °~ ~ o cn D o c o ~ ~ a o_ a i ~ E ~ ' ~ ~t - ~~ mcA rn~ ~ t C +~ X >i p .~ >, ~ 0 O Q m ~ (n N > ~ N C .U ~ (Oj >i ~ Y N m ~ ~ m ~ N >i N O U ~ u, c N ~~ U ~ O_ m ~ ~ ~ N ~ m .~ N ~ ~ "~ C ~ ~ .~~ aNi o ~ ~ o c c ~ ~ ~ ~ ~ ~ ~ o v > _ o ~ ~ m ~ - .fl- O m _ rn m ~ o ~ ~ °~ ~; o .~ c ~ ~ ° 5 N ~ c~ ' O O ~ ~ N ~ o_ ~= rn.~ m E ~ ~ ~ . m T ~ o o ~ ~ ~ ~ o ~ ~ ~ '~ vi .N ~ N o m o ~ m a~ ~ ~ ~ a~ ° ,~ ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ n ~ ~ a~ O ~ o U ~ a~ m V! O ~ i m ~ Q+' > '~ Q ~ ~ O N U N O ±~ N U N w ~ m C ~ ~ m ~ 3 ~ fp O ~ N a a~ m ~ ~ ~ ~ ~ a~ ?. N ~ '~ a~ $ ~ o > o ~ ~~ > ~ ~' m i ~ ~ ~' ~, ~ ~ ~ m o E o ~ n ~ c~~ a~ E~ ~ c m p o m ~ ° N N N ~ ~~ Q o c rn N o ~ ~ Y o ~ o ~ moo - m ~ o ~ 3 N a~~ ~ ~ ' _ ~ ~ .a? ~ '_ ~~~~ ~ of moo o ~°~ -o ~ ~Eo~ o ~ -pc N N N~ U ~ O N N O S N U C~ ~ (6 N ~ .~ m ~ U E o ~ i o~~ ° ° E~ ~ > o ° ° a~ >, m~ v - a~ ~ N n c v c o- °~ -o m ~ o c ~ °~ m o t a° ~ ~ a N t ~ ~ ~ N a~ c o ~ o ° N ~° N ~ ~ o m ~ ~ m °~ ~ ~ ~ ° ~ v ~ ° o °~ o ~ i c ~e ~ O E ~ °- ~ a~i ~ ~ `o cn ~ a~ E ~ >~ o ~ ~ ~ ~ Q>, m o o cn > ~ ~o `m ~- o c O ~ U' d Q >i • • • (n ~ • J N > (fT ~ • • ~ • ~ ~ E • W +~ ~ U • Z • U ~ • G G ~ ~ Vl ~ G O +~'. Vl G G ~ ~ +" ~ Vl ~ G O +~'. Vl O G N C O y ;,- U ,Q O G ~ N C O y ;,- U ,Q ~ a°i o o J~ ~ 0 ~ a ~ m ~ ~ ~ o o ~ ~ 0 ~ a ~ m ~ 0 ~~~ 0 ~ O O p ~ ~~~ p ~ O y U ~ ~' O U U N ~ U O ~' G O U U N +~.. ° + . G m m E ~ a, E + . m m E ~ ~ Q ~ U ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ w p G ~ ~ w O ~ U w ~ w U w ~ w ~ ~ 'i w 'i U O W m .Q Q a~ rn a 0 Q a~ rn ~_ U U a~ After exploring all of the criteria, the Task Force worked to distill the information and arrived at the following table. The yellow highlighted portions quickly rose to the surface as the major advantages for both that were then weighed against one another. Single Stream Advantage Dual Stream Advantage Collection + Amt. Lost in Sorting Neutral / no advantage Neutral / no advantage Quality of Output + Efficiency in Miles + Traveled during Collection Economic Impact to + c/ty (Cash flow from WM's shared revenue stream offers initial advantage; not clear about long term due to SWA's increased fees in future years) Existing Relationships + Table 2 - Summary of Analysis As noted above, from the Task Force perspective, the increase in green house gas emissions seemed to present more of an overall negative environmental impact that would outweigh even a good size increase in the quantity of recyclable materials collected. Additional Recommendations and Possible Solutions Relating to Current Renewal of Waste Management Contract A Possible Win-Win Scenario In evaluating the various criteria, the Task Force devised a possible solution that tries to capitalize on the benefits of both single and dual stream. Such a scenario could be proposed as an alternative to what is now being viewed as a black and white issue with no middle ground: The city could maintain a dual stream system, but work towards a system with both WM and SWA to use larger automated carts. The convenience and aesthetic factor cited by WM is addressed and should increase the amount collected because trucks could be filled to capacity if they are only collecting one type of stream on a particular day. There is better end product, less contamination, and less lost after sorting. The issue of increased mileage (and thus green house gas emissions) would be eliminated as well, and perhaps even reduced. This alternative would require an investment in new containers and an education campaign to the public (i.e. blue-Tuesdays /yellow-Fridays etc.) Green Task Force Recycling Report Page 3 of 5 April 11, 2008 Expansion of Overall Recycling Efforts While evaluating the single vs. dual stream issue, some other issues relating to the current WM contract came to light. To understand these, one needs to recognize that there are three areas of recycling in Delray Beach that are being serviced at varying levels: Residential Commercial (office / Construction /Light Industrial restaurant) Currently provided by dual Provided on a limited basis with Currently limited by WM contract stream curbside free drop off locations for to either WM roll-offs or sorted cardboard and paper - no glass, roll off dumpsters by other metal etc. contract The Task Force felt strongly that the conditions of the WM contract should be renegotiated to include a commitment to expanded services for office /commercial within a specified time period, especially for the restaurant corridor on Atlantic Avenue. In addition, the Task Force felt strongly that the clause excluding non-sorted recycling containers for commercial /light industrial recycling needs to be revised (or eliminated altogether) to offer the private sector construction and light industrial consumer more options for expanded recycling. Under the current conditions, recycling in Delray Beach is in effect, being limited by prohibiting single stream construction / light industrial recycling contracts. As Delray moves in a green direction, commercial and construction /light industrial recycling areas are important components of the City's overall recycling plan where there is significant room to improve. The current contract decisions to be made appear to have significant implications for these types of recycling, and represent a great opportunity to further the City's efforts in this area. Clearly Define Commitments by WM in Contract Regardless of which direction the City Commission decides upon, the City should require a binding written proposal from WM that addresses the exact costs to the city for new bins, education / PR campaign, and potential revenue stream back to the city. The City should make sure these issues are addressed in whatever contract is approved to avoid any unexpected costs and ensure potential revenue. Additional Recommendations Regarding Recycling in General The Task Force felt that in the course of reporting to the City Commission on this issue, it was appropriate at this time to make some further recommendations, outside the scope of this particular contract, for possible consideration in the future. Mandatory Recycling Ordinance Some jurisdictions have actually implemented a mandatory recycling program. Revenues generated by this program by violations can be ear marked into a separate account to fund further education programs, or other green initiatives by the city. In 2003 Sarasota County implemented such an ordinance requiring both residential and commercial recycling, with warnings for first violations and $200 up to $500 penalties for future violations. This ordinance is available on the Task Force website (~° }. Increased Public Education Program The Task Force, many of whom consider themselves to be loyal and good recyclers, learned that often they were recycling wrong. Regardless of the single vs. dual stream decision, there seems to be a need Green Task Force Recycling Report Page 4 of 5 April 11, 2008 for increased education of the general population of how to recycle properly and what resources are available. Requiring Future Construction Projects to Include Recycling One component of many green building programs, such as the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) program, is the integration of recycling into building design and construction for ease of recycling during the lifetime of the building. The City could require such integration on future projects. For example, a multi story condo building could have multiple chutes for recycling and waste etc. Event /Beach Recycling Especially in the winter months, Delray hosts many festivals, from Jazz on the Ave to the Delray Affair. There is tremendous opportunity to incorporate recycling into these events as many haulers can provide this service now. Recycling could become apre-requisite commitment by any organization working with City to host an event. Similarly, there is great potential for collection at the beach where visitors currently discard newspapers and a lot of drink containers in the beach garbage bins. Green Task Force Recycling Report Page 5 of 5 April 11, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2008 SUBJECT: Additional Information on Current Recycling Program The Green Task Force Report on Recycling dated May 5, 2008 makes recommendations regarding certain aspects of the City's current recycling program. I asked the Community Improvement Department and Waste Management to provide their comments on these elements of the report. Butch Carter of Waste Management provided me with his comments on the report. The portion of his response dealing with the City's current recycling program is attached for your information. The Community Improvement Department also reviewed the report and agrees with the attached comments from Waste Management. Excerpt from Waste Management Comments on Green Task Force Recycling Report Green Task Force Report, from pages 3-4, under A Possible Win-Win Scenario In evaluating the various criteria, the Task Force devised a possible solution that tries to capitalize on the benefits of both single and dual stream. Such a scenario could be proposed as an alternative to what is now being viewed as a black and white issue with no middle ground: The city could maintain a dual stream system, but work towards a system with both WM and SWA to use larger automated carts. The convenience and aesthetic factor cited by WM is addressed and should increase the amount collected because trucks could be filled to capacity if they are only collecting one type of stream on a particular day. There is better end product, less contamination, and less lost after sorting. The issue of increased mileage (and thus green house gas emissions) would be eliminated as well, and perhaps even reduced. This alternative would require an investment in new containers and an education campaign to the public (i.e. blue-Tuesdays /yellow-Fridays etc.) Waste Management Comment: Additional Waste Management Comment: (referring to the recommendation to work toward a system with larger automated carts) Green Task Force Report, from page 4, under Expansion of Overall Recycling Efforts In addition, the Task Force felt strongly that the clause excluding non-sorted recycling containers for commercial /light industrial recycling needs to be revised (or eliminated altogether) to offer the private sector construction and light industrial consumer more options for expanded recycling. Under the current conditions, recycling in Delray Beach is in effect, being limited by prohibiting single stream construction / light industrial recycling contracts. Waste Management Comment: Carter) I (referring to Butch Green Task Force Report, from page 5), under Mandatory Recycling Ordinance Some jurisdictions have actually implemented a mandatory recycling program. Revenues generated by this program by violations can be ear marked into a separate account to fund further education programs, or other green initiatives by the city. In 2003 Sarasota County implemented such an ordinance requiring both residential and commercial recycling, with warnings for first violations and $200 up to $500 penalties for future violations. This ordinance is available on the Task Force website ( ). Waste Management Comment: Green Task Force Report, from page 5, under Event/Beach Recycling Especially in the winter months, Delray hosts many festivals, from Jazz on the Ave to the Delray Affair. There is tremendous opportunity to incorporate recycling into these events as many haulers can provide this service now. Recycling could become apre-requisite commitment by any organization working with City to host an event. Waste Management Comment: Green Task Force Report, from page 5, also under Event/Beach Recycling Similarly, there is great potential for collection at the beach where visitors currently discard newspapers and a lot of drink containers in the beach garbage bins. Waste Management Comment: MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, P.E., Environmental Service Director THROUGH: David T. Harden, City Manager DATE: May 6, 2008 SUBJECT: AGENDA ITEM WS.2 -SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 ICLEI (INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES) - LOCAL GOVERNMENTS FOR SUSTAINABILITY ITEM BEFORE COMMISSION Discussion about the City of Delray Beach joining ICLEI (International Council of Local Environmental Initiatives) . BACKGROUND ICLEI-Local Governments for Sustainability is a membership association of local governments committed to advancing climate protection and sustainable development. Since its inception in 1990, ICLEI has grown to include nearly 1,000 cities in the world, more than 350 of which are in the United States. The ICLEI USA mission is to build, serve and drive a movement of local governments to advance deep reductions in greenhouse gas emissions and achieve tangible improvements in local sustainability. This item will be presented by the Green Task Force. RECOMMENDATION The Green Task Force has not provided any additional information regarding this organization. I do have a concern that the Task Force seems to be overly focused on the greenhouse gas issue, and is not moving quickly to give us recommendations on steps we could take to reduce energy consumption. If we do not receive those recommendations by June, it becomes increasingly difficult to incorporate them into next year's budget. About ICLEI Local Action Moves the World ICLEI- Local Governments for Sustainability (ICLEI) is a membership association of local governments committed to advancing climate protection and sustainable development. Since its inception in i99o, ICLEI has grown to include nearly i,ooo cities in the world, more than 350 of which are in the United States. At ICLEI USA our mission is build, serve, and drive a movement of local governments to advance deep reductions in greenhouse gas emissions and achieve tangible improvements in local sustainability. What does the ICLEI name mean? ICLEI was established as the International Council on Local Environmental Initiatives. The organization is now officially ICLEI-Local Governments for Sustainability. fCLEi members receive access to: ^ Clean Air Climate Protection (CACP) Software and training . Tools, publications and other resources ^ Performance-based campaigns and initiatives ^ State, Regional, National and International Peer Networking ^ Technical, policy and communications expertise and assistance ^ Annual training and leadership events ^ Recognition and Awards ^ Representation at international meetings "Embarking on an environmental program sounds like a great idea. But if you're a mayor trying to cut greenhouse gases, where do you begin? How do even know how to measure your current levels? That's where an organization called ICLEI-Local Governments for Sustainability can help." Newsweek, Leadership and the Environment issue, April i6, 200 Through this work, ICLEI helped local governments reduce their greenhouse gas emissions by 23 million tons in 2005 alone. This translates into about $60o million in annual cumulative savings, largely on energy expenditures. ICLEI will continue to empower local governments to set and achieve strong goals through the ongoing evolution of its programs, tools and other resources and through the establishment of comparative performance benchmarks for local action. Local governments have led the effort in recent years to envision, accelerate and achieve strong climate protection goals, and ICLEI is proud to support and facilitate their efforts to create cleaner, healthier, economically viable communities. Find about more about the benefits of ICLEI membership Membersip Dues Structure of Dues for ICLEI USA Full Membership: Local Governments Population Dues 1 - 50,000 $600 50,000 - 100,000 $1,200 100,001 - 200,000 $1,'750 200,001 - 300,000 $2,250 300,001- 500,000 $2,750 500,001- 750,000 $3,500 '750,001 - 1,000,000 $4,500 1,000,001 - 2,000,000 $5,'750 2,000,001 - 4,000,000 $'7,000 Over 4,000,000 $8,000 0 z v ~ ~ v ~ s ~ ~ s p - ~ -° o ~ ro 3 ~ ~ v v ~ ~ ~ ~ ~; v ~ o ~ 0 0 o Q ~ ~ ~ ~ ~; ~ o u p ~ o v ro v ro ~ ~ u ~ U N ~ c6 YO ~ N '~ S ~ N ~ U ~ ~ ~ bA ~ N i bA O p ~ N ~ ~ ~ _ ~ ~ ~ ~ ~ ~ Ql vl p s O Q +-' = c6 U ~ ~ ~ - ~ ~ ~ ~ N s ~ bA O ~ ~ ~ ~ ~ ~ Q N Q O Q .` v ~ > o ao v v v - ~ > ~ ~ O v o ~ ro _ ~ U >. ~ N O U bA i ~ ~ ~ bA O _O 'j ~ Q bA ~ ~ s ~ - Q N vi N ~ U N ~ ~ N ~ ~ ~ N ~ Q . ~ ~ ~ ~ ~ ~ U N ~ Y ~ bA ~ ~ N ~ N N O ~ _ ~ ~ bA ~ ~ bA ~ Q O ~ O _ ~ ~ s CO O ~ N _ ~ ~ _ N ~ ~ Ql ~ ~ O ~ N vl Ql - bA O ~ _ O 6 N N ~` v O _ v N _ ~ ` _ T U ~ N N ~ ~ ~ ~ O i ~ N i N ¢ ~ N ~ O ~ bA ~ N O N ~ ~ T S O ~ ~ i N ~ ~ ~ ~ ~ ~ in bA > ~ ~ O s ~ p ~ p W - S O S ~ W J O ~ ~ Q J V ~ ~ ~ ~ ~ V v N c6 bA O Qj N ~ ~ O ~ _ ~ U ~ O _ O ~ O > ~ ~ N -p ~ S ~ b0 N ~ > O > ~ N U S O in v +~ ~ _ ~ I o v O vl ~ U ~, U S bN0 O 6 }, ~ ~ ~ ~ _ v > Q ~ T _6 ~ N ~ ~ Q ~ N > ~ S ~ ~ v . 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Y ~ O U v ~ ~ a p ~ ~ ~ O O O '- 6 N Q -p S o~ ~ ~ ~ O U Q ~ 6 by B i 9- N > O N U Q N ~ ~ S i ~ ~ N ~ 6 ~ 6 c6 U in N ~ V S O ~ ~ ~ N N N SO by p N i .O v ~ v -O ~ p Q B ~i 6 O ~ i w ~ o vi Q ~ v o V ~ ~ 3 ~a ' : u v ~ Q ~ ~ ~ a i ~ ~ s o ~ ~ ., ~ ~; aan ° ao ~ °u ~ ° ~ s o .~ .> o Q o °' ~ v ~ ~ ~ ~ s 6 o i a ~ ~ w J ~_ - _Q V' a `~ V o S o i B ~ ~ O ~ N ~ ~ Q ~ ~ i6 N 6 U _ 6 ~ O ~ ~ U N U Q UD ~ by N Ql ~ N S s ~ S N N 6 O 9 N i N ~ - ~ Ql ~ ~ Ql Q ~ W J ~ ~ V N ~ O V N -a MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: May 8, 2008 SUBJECT: AGENDA ITEM WS.3 - SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 GREEN TASK FORCE -ELECTRONIC MEETINGS ITEM BEFORE COMMISSION Authorization to seek an Attorney General's Opinion regarding the Green Task Force's desire to conduct electronic workshop meetings on line through the Internet. BACKGROUND The Green Task Force members have asked for Commission approval to seek to obtain an Attorney General's Opinion regarding having workshop meetings on line. There are various attached Attorney General's Opinions on the subject. Some of those discourage this use (AGO March 19, 2007 Informal Opinion) but the one dated March 23, 2006 appears to indicate it would be okay if the public can participate to the same extent as Board members, and as long as voting occurs at a regular meeting. The AG's opinions and Dan Sloan's analysis are provided. FUNDING SOURCE N/A RECOMMENDATION Because of the AG's office opinions to date, which are mixed as to the use of the Internet for workshop meetings, before we proceed with "informal or workshop meetings on line", our office strongly urges that an AG Opinion be obtained in order to address the manner of its implementation and assure that such workshops meet the requirements of the Sunshine Law. If you decide to direct our office to seek such an opinion, the factors addressed in Dan Sloan's email would need to be fleshed out to address more clearly the manner and ability of the public to interact as well as public computer access availability. Page 1 of 2 Ruby, Susan From: Dan Sloan [ds17'50(c~bellsouth.nef] Sent: Monday, February 18, 2008 10:13 AM To: CityAttorney~MyDelrayBeach.com; Ruby, Susan Cc: Dan Sloan Subject: Re: Flectrortic Bulletin Board Concept Vis-~-vis the Sunshine Law Attachments: Advisory Legal Opinion -Sunshine Law.Leesburg.pdf; Advisory -Sunshine Law-Datona.pdf; ATT74B3639. htm Ms. Susan Ruby City Attorney City of Delray Beach 200 NW 1 st Ave. Delray Beach, FL 33444 phone: (5fi1) 243-7090 email: Ci Attarney~MyDelr~ayBeaeh.com RFs~: Electronic Bulletin Board for the use by the Green Task Force as an alternative to email which would conform to the Sunshine Law requirements. Dear Susan, Thanks for taking the time last Friday t4 give me same background on the Sunshine Law and discuss the idea of using an "Electronic Bulletin Board" as an alternative to emails as a means for the Green Task .Force to interact. Given the amountof Reports, Research, and Data the Green Task Force will need to digest and discuss,. I think it is absolutely critical for the Task Force to have some mechanism to interact other than once a month meetings for 2 hours. As we discussed the Sunshine Law was adopted in 19b7-8,. when computers where run by punch cards. and email was science fiction. The law really needs to be "brought up to date", but as it stands now.......... After a brief review of the law it would seem to have three basic components; 1. All Meetings of Public Boards or Commissions must be "Open to the Public" 2. Reasonable Notice of such meetings must be given. 3. Minutes of the meeting must be taken. After Researching Opinion Letters at the State Attorney Generals Website,_I found an Opinion which Supports the use of an Onlin_e_Be~lletin Board for use by a mum~clAal committee, the Leesburg_A_ irport Authority.,_AGO 2.001-65 dated S_e~t. 19 2001 as. long.as: I. The online bulletin board is used for "Informal, Discussions and workshops over the Internet". 2. Prayer Notice_a_s Given (a Notice Posted in the Bulletin Board outside the City Commission Chambers would seem to be the minimum notice required. 1t could state that meetings on the Online Bulletin Board will take place from 6-8pm on Monday, Tuesday, and Saturday for example-or whenever alternate days/dates that might be convenient to the Task Force Members) 2.P.ublic Access to the Internet is provided within "authorit~oundaries" and the 11+leeting Notice would state:where the "public, access" computers are located (TE Public Access computers are located at the Delray Beach Public Library, I00 W. Atlantic Ave, 2nd Floor) 3. The Board should not take action which would require a quorum {ie don't use this as a forum to formally vote on specific proposals to. be adopted by the Green Task Force- such votes shnuld be taken at a regularly scheduled "physical meeting" at the Environmental Services Building.) 4. 'T'he Public Must be able to have "discussion and input" {A specific area/Topie of the Electronic Bulletin Board would allow for the Public to post responses to any of the discussion items taking place between members of the Green Task Force) 5. Several. Other Opinions~or,Example Informal Opinion Dated 1Vlarch 23, 2006 issued to Town of Ponce Inlefi) by th_e_ Attorney G.enarals office indicated that there should not__be an "undue burden" on the Public to constantly cheek the Electronic Bulletin Board to see if additional Comments have been Posted. (This concern can be addressed by using software with a "watch topic" function. Almost all programs-allow for the generation of an automatic email to anyone who subscribes to a particular topic- such as "general board discussion") 2/19/20Q8 Page 2 of 2 In Summary, The Idea of a Electronic Bulletin Board is to allow something like regular email, but only on pre-arranged days and times (could be the same days and times each week for ease of use). By its very nature it would be provide "minutes" of all interaction (each persons name, date and time, and exact comments would be available to see by any member of the public at any time} This same llectronic Bulletin Board would also allow the Public to submit ideas and comment on ideas submitted by others. It would also allow the Posting of Reports, Studies, Links, etc. in FTP folders. Most of these programs are very inexpensive and some are free, (If this idea functions well for the Green Task Force, it might be of use byother City Boards nr Groups perhaps I am attaching PDF copies of the two Opinions for your review. AGO 2001-66 seems to clearly allow the Electronic Bulletin Board concept to be implemented. Do we need to request a Formal ar Informal Opinion Letter from the Attorney General or can we carefully fallow the stipulations set forth in AGO 2001-b6 and be in "goad faith" compliance with the Sunshine Law? (I am guessing that it. would take more that 6 months fnr the Attorney Generals Office to just open up our letter, much less respond) Thanks, an 1 look forward to hearing back from you. *** eSafe scanrieci this email for malicious content *** *** IN3PORTP~NT: Do not ope.ri attachments from unrecagnizecl senders *** 2/19/2408 Informal Advisory Legal Opinion -Sunshine Law, electronic communications Page 1 of 2 Number: INFORMAL Date: March 19, 2007 Subject: Sunshine Law, electronic communications The Honorable Jack Tanner Chair, Lee Soil and Water Conservation District 5901 Pendragon Lane Fort Myers, Florida 3.3912 Dear Mr. Tanner: You state that the Lee Soil and Water Conservation District is considering conducting some of its meetings and voting through electronic communications open to the public. You ask whether there a.ze any statutes or regulations restricting such an action. In Attorney General's Opinion 2002-32, this office was .asked whether board members of a special district could discuss matters via the Internet. The opinion concluded that use of an electronic bulletin board by water management district basin board members to discuss matters that might foreseeably came before the board over an extended period of days or weeks, which did. not permit the public to participate online, would be a violation of section 286.011, Florida Statutes. Of particular concern was the lack of areasonable notice when a particular issue was to be discussed so that the public could have meaningful participation in the discussion. The opinion found that use of the bulletin board for discussions of the basin board placed the burden on the public to constantly monitor the site in order to participate meaningfully in the discussion taking place there and extended this burden over the course of days, weeks, or months. This office would not read the Government in the Sunshine Law, a statute enacted in the public interest, in a manner that would essentially foreclose meaningful public participation in a public meeting. Subsequently, this office issued an informal opinion to Mr. Michael Ciocchetti, Attorney for the Town of Ponce Inlet, dated March 23, 2.006, which discusses the use of an electronic discussion board for conducting public meetings and the implications of the Government in the Sunshine Law an this proposal. While it appeared that the electronic discussion board proposal developed by the Town of Ponce Inlet attempted to address a number of factors of concern in the 2002 Opinion, this office continues to have reservations about any proposal for a public meeting which places the burden on the public to constantly monitor the site in order to participate meaningfully in the discussion and which extends this burden over the course of days, weeks, or months. Accordingly, this office suggested that the use of an electronic http://myfloridalegal.com/ago.nsf/Opinions/36F9dEAEFC6286B3852572B4aQb65C96 ~4/8/2Q08 Advisory legal ()piniar~ - IWFORIfI~tAL Print Version Informal Advisory Legal Opinion -Sunshine Law, electronic communications Page 2 of 2 bulletin board to discuss matters that may foreseeably came before the town commission over an extended period of time would not comply with the spirit or letter of section 286.011, Florida Statutes. Y am also enclosing copies of various opinions as to the authority of local boards to conduct public meetings via electronic media technology such as a telephone or video conferencing. For example, in Attorney General Opinion 2001-65, this office coxzsidered whether an airport authority could conduct discussions or meetings over the internet when such discussions or meetings were noticed to the general public, viewable by the general public, open to input by the general public, and recorded for public inspection. This office found that the authority members could conduct informal discussions and workshops over the internet, provided proper notice was given and interactive access by members of the public was provided. For meetings at which a quorum was necessary for action to be taken,, however, the opinion concluded that physical presence of the members making up the quorum would be required in the absence of a statute providing otherwise. See also Ops. Att°y Gen. Fla. 98-28 (1998) (district school board could use electronic media technology in order to allow a physically absent member to attend a public meeting if a quorum of the members of the board is physically present at the meeting site); 02-82 (2002) (physically-disabled members of the City of Miami Beach Barrier-free Environment Committee could participate and vote an board matters by electronic means if they are unable to attend, as Long as a quorum of the members of the board is physically present at the meeting site). I hope that the enclosed opinions may be of some assistance to the district in resolving this issue. Sincerely, Joslyn Wilson Pissistant Attorney General JW/t Enclosures http://rnyfloridahegal.com/ago.nsf/Opinions/36F90EAEFC6286B3852S72B4006bSC96 4/8/2008 Advisory Legal Opinion -Sunshine Law, efectronfc discussion board Florida Attorney Genera[ Advisory Legal Opinion Number: INFORMAL Date: March 23, 20Qfi Subject: Sunshine Law, electronic discussion board Mr. Michael Ciocchetti Doran, Wolfe, Rost, Ansay & Kundid 444 Seabreexe Boulevard, Suite 800 Daytona Beach, Florida 32118 Dear Mr. Ciocchetti: 2/8 J08 12:18 PfN As Town Attorney for the Tawn of Ponce Inlet, you have contacted the Florida Attorney General's Office regarding the wse of an electronic discussion board for conducting public meetings and the implications of the Government in the Sunshine Law on this proposal. Attorney General Crist has asked me to respond to your letter. Florida's Government in the Sunshine Law, section 2$6.03.1(1), Florida Statutes, provides:. "All meetings of any board or commission of any agency or authority of any county, municipal corporation, or political subdivision at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting." This statute was enacted in the public interest to protect the public from "closed door"' politics and must be broadly construed to effect its remedial and protective. purposes.[1~ Florida courts have repeatedly stated that it is the entire decision-making process to which the Sunshine Law apglies and not merely to a formal assemblage of a public-body at which voting is conducted to ratify an official decision. The statute extends to discussions and deliberations as well as to formal action taken by a gublic bady.[2] As the court stated in Times Publishing Company v. Williams,[3] "It is the entire decision--making process that the legislature intended to affect by the enactment of the statute before us . Every step in the decision-making process., including the decision http:J/myFloridafegaLcom/ago.nsf/prfntview/D6884ASE02285D93 8 52 5 713f006DA8ED Page l of4 Advisory Legal Opinion -Sunshine Law, eiectronlc discussion board 2/8106 12:16 FM itself, is a necessary preliminary to formal action. It follows that each such step constitutes an 'official act,' an indispensable requisite to 'formal action,' within the meaning of the act." Thus, the public is entitled to meaningful participation in the decision-making process and this constitutional right is protected by the Government in the Sunshine Law. You have asked whether an electronic discussion board maintained by a municipality far the sole purpose of discussing matters which will ultimately come before a voting body of the municipality violates the. Government in the Sunshine Law if the municipality implements the following protections: 1. Each topic of discussion to be posted by the municipality on the Internet board is noticed in the same manner as a public meeting, pursuant to section 286.(}11, Florida Statutes. 2. Each topic of discussion on the electronic discussion board is open for discussion for a p®riod of one month. 3. The municipality makes computers with access to the discussion board available within its jurisdiction to the public. 4. The municipality allows public participation on the electronic discussion board to the same degree as all voting members of the municipal body. 5. The full text of all discussions posted on the discussion board is archived as a public record and available upon request. 6. Any voting upon the issues discussed on the electronic discussion board will take place at a publicly noticed "live" meeting of the municipal body. In Attorney General's Opinion 2002-32, this office was asked whether board members of a special district could discuss matters via the internat. The opinion concluded that use of an electronic bulletin board by water management. district basin board members to discuss matters that might foreseeably come before the board over an extended period of days or weeks, which did not permit the public to participate online, would be a violation of section 286.03.1, Florida Statutes. Of particular concern was the lack of reasonable notice when a particular issue was to be discussed so that th.e public could have meaningful participation in the discussion. The opinion found that use of the bulletin board for discussions of the basin board placed the burden on the public to constantly monitor the site in order to http~l/myfloridalegal.com/aga.nsflprintview/b6684ASE022B5Q938525713F006DA6E<> Page 2 oP 4 Advisory Legal Opinion - Sunshine Law, eleetrnnPc discussion board 2/8j08 12:18 PM participate meaningfully in the discussion taking place there and extended this burden over the course of days, weeks or months. This office mould not read the Government in the Sunshine Law, a statute enacted in the public interest, in a manner that would essentially foreclose meaningful public participation. in a public meeting. The program you have proposed allows the public to participate online on the Internet site to the same extent as board members. The town proposes to make computers with access to the Internet board available within its jurisdiction to the public. The Town of Ponce Inlet would open issues for discussion on the electronic bulletin board for a period of one month. Voting on issues discussed on the electronic discussion board will take place at a publicly noticed "live" meeting of the municipal body. While it appears that the electronic discussion board proposal developed by the Town of Ponce Inlet attempts to address a number of factors that were of concern in Attorney General's Opinion 2002.32, this office continues to have reservations about any proposal for a public meeting which places the burden on the gublie to constantly monitor the site in order to participate. meaningfully in the discussion and which extends this burden over the course of days, weeks, or months. In light of these concerns, this office would suggest that the use of an electronic bulletin board by the Town. of Ponce. Inlet to discuss matters that may foreseeably come before the town commission over an extended period of time would not comply with the spirit or letter of section 286.011, Florida Statutes. I trust that these informal comments will assist you in advising your client. The conclusions reached herein are those of the writer and do not constitute a formal Attorney General's Opinion.. Sincerely., Gerry Hammond Senior Assistant Attorney General [12 See, e. g., Wood v. Marston, 442 So.2d 934, 938 {Fla. 19$.3); Carney v. Board of Public Instruction of Alachua County, 278 So.2d 260 (Fla. x.973); Board of Public Instruction of Bro~vard County v. Doran, 224 So.2d 593 {Fla. 1969j. [2~ See Board of Public Instruction of 8ro~*ard County v. Doran, 224 So.2d 693, 699 {Fla. 1969), in which the court recognized the right of the public to be present and heard during all phases of enactments by http:IlmyFloridalegal.com/ago.nsflprintview/Db884A5ED3ZB5D938S2571.3F006[)ABED Page 3 of4 Advisory Legal Qpinion -Sunshine Law, eledrorrlc discuss(on board 218!06 i2:l8 PM public boards and commissions; Krause v. Reno, 366 So.2d 1244 {Fla. 3d DCA 1579}, [3] 222 So.2d 470, 473 (Fla. 2d DCA 1969). i ,~.., httpalmyfloridaiegal.comlago.nsf~printview/~6884A5E022BiD9385Z5713FU06DA8ED Page 4 of a Advisory Legal Optnion -Sunshine Law, use of Internet to conduct meeting FIorida Attorney General Advisory Legal Opinion Number: AGO 200'1-6fi Date: September 19, 2001 Subject: Sunshine Law, use of Internet to conduct meeting Mr . Joseph. C . Shoemaker Leesburg City Attorney Post Office Box 491357 Leesburg, Florida 34749-1357 2/81b8 12:19 PM RE: GOVERNMENT IN THE SUNSHINE LAW--AIRPORT AUTHORITY--INTERNET-- MEETINGS--use of computers to conduct airport authority meetings with access to public given through Internet. s. 286.011, Fla. Stat. Dear Mr. Shoemaker: On behalf of the Leesburg Regional Airport Authority, you ask the following question: May the Leesburg Regional Airport Authority conduct discussions/meetings over the Internet where such discussions/meetings are noticed to the general public, viewable by the general public, open to input by the general public., and recorded for public inspection? In sum: Airport authority members may conduct informal discussions and workshops over the Internet, provided proper notice- is given, and interactive access by members of the public is provided. Such interactive access must include not only public access via the Internet but also designated places within the authority boundaries where th® airport authority awakes computers with Internet access available to members of the public who may not otherwise have Internet access, Notice of such discussions and workshops should include the locations where such computers with Intern®t access will be located. For meetings, however, where a quarum is necessary for action to be taken, physical presence of the members making up the quorum would be required in the absence of a statute providing otherwise. Internet access to such meetings, however, may still be offered to provide greater public access. http:J/myFloridafegal.com/ago,nsfJprintviewJ11AB1E8~A17F0E1865256ACD00467EDA Page 1 af4 Adv€snry Legat Opinion -Sunshine Law, use of intemet to conduct meeting 2JSJD8 12:19 PM Section 286.011, Florida Statutes, Florida's Government in the Sunshine Law, provides a right of access to government proceedings at both the state and local levels.[1] As a statute enacted in the public interest to protect the public from "closed door" poli~kias, the Sunshine Law must be broadly construed to effect its remedial and protective purpose.[2] A fundamental requirement of the Sunshine Law is that meetings of entities covered by the Sunshine Law be "open to the public." The term. "open to the public" as used in section 286.011, Florida Statutes, means open to all persons who choose to attend.[3] In addition, the courts of this state have held that the Sunshine Law extends to discussions and deliberations as well as formal actions taken by a public board or commission.[4] Thus, informal discussions held by airport authority members regarding authority business are subject to the requirements of section 286.011, Florida Statutes. While members of the airport precluded from utilizing the such discussions which are s~ acces-sable by the public.[5] ensure access is provided to attend such discussions. authority would not appear to be Internet to conduct informal. discussions, ,abject to the Sunshine Law must be The airport authority, therefore, must all members of the public who wish to Thus, access must be available not only to those members of the public possessing a computer with znternet access but also to those who may not have access to the Internet. The airport authority, therefore, would be required to designate- places within the authority boundaries where it will make available computers with Internet access to members of the public who wish to participate in such discussions. The notice of such discussions, required under the Sunshine Law, should include the locations where such computers with Internet access gill be located. For meetings, however, where a quorum is required, this office, in an informal opinion to the Town of Gulf Stream,[6] stated that while the town may not be subject to a statutorily imposed requirement that the governing body meet at a public place in the town, concerns about the validity of official actions taken by a public body when less than a quorum is present argue for a very conservative reading of the statute. This office has concluded that, in the absence of a statute to the contrary, the requisite number of members must be physically present at the meeting in order to constitute a quorum.[7] While a quorum is not required for a meeting to be subject to section 286.011, Florida Statutes,[8] to the- extent that the airport authority http:JJmyfloridalega€.comJago.nsf/prinriiewJlIAB1E8DA17FDE1885256ACbOD467EDA Page 2 of4 Advisory Legal Opinion -Sunshine Law; use of intern.et to conduct meeting is required to have a quorum in appears that the members of the statute to the contrary, have to constitute a quorum.[9] Nothing, authority from also broadcasting 2/8/08 12:19 AM order to conduct official business, it authority would, in the absence of a be physically present in order to however, prevents the airport the meeting va.a the- Internet. Accordingly, T am of the opinion that airport. authority members ma,y conduct informal discussions and workshops over the Internet provided proper notice is given and interactive access to members of the public is provided. Such interactive .access must include not only public access via the Internet but also designated places within the authority boundaries where the airport authority makes computers rl~ith Internet access available to members of the public who may not otherwise have computers with Internet access. Notice of such discussions should include the locations where such computers girth Internet access will be available. For meetings, however, where a quorum is necessary far action to be taken, physical presence of the members making up the quorum would be required in the absence. of a statute providing otherwise. Internet access to such meetings, however, iriay still be offered to provide greater public access. Sincerely, Robert A, Butterworth Attorney General RAB/t [1] A right of access to meetings of collegial public bodies is also recognized in the Florida Constitution. See, Art. I, s. 24, Fla. Coast. And see, Frankenmuth Mutual Insurance Company v, Magaha, 769 So. 2d 101.2, 102I {Fla. 2000), noting that the Sunshine Law "is of both constitutional and statutory dimension." [2] See, Wood v. Marston, 442 So. 2d 934, 938 {Fla. 1983); Canney v. Board of Public Instruction of Alachua County, 278 So. 2d 260 (Fla, 1973); Board of Public Instruction of Broward County v, Doran, 224 So. 2d 693 (Fla. 1969) . [3] See, e. g., Op. Att'y Gen. Fla. 99-53 (1999). [4] See, Hough v. Stembridge, 278 So. 2d 28$ (Fla. 3d DCA 1973) (Sunshine Law applies to any gathering, whether formal or casual, of http://myfloridalegaLcom/ago.nsf~printview111AB1E8OA17F01ii885256ACt)00467E~A Page 3 of 4 Advisory Legal Opinion -Sunshine Law, use of Internet to conduct meeting z/a~o8 lz:ig PM two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the board or commission) . [5] See, Op. Att'y Gen. Fla. 89-39 (1969), stating that a board of county commissioners may use a computer network in the course of their official business; however, any discussions between the members of the board via computer on issues pending before the board would be subject to the provisions of s. 286.011, Fla. Stat. [6] Informal Op. to John C. Randolph,. dated November 24, 1997. [7] See, e. g., fps. Att'y Gen. Fla. 83-100 {1983), and 89-39 (198.9), quoting fit C.J.S_ Municipal Corporations s. 399 which provides: "In order to constitute a quorum the requisite number of members must be actually present at the meeting and the requisite number cannot be made up by telephoning absent members .and obtaining their vote over the telephone." Cf., Penton v. Brown-Crwmmer Inv. Co., 131 So. 14 (Ala. 1930) (where there was no quorum present at meeting of city council, but resolution was attempted to be passed by calling up absent members over the telephone, resolution of city council was ineffective); Fargraoli v. Cianci, 397 A.2d fib (R.I. 1979) {in determining whether "quorum" was present at city council meeting, it was error to include-member who was not physically gresent). [8] See, n. 4, supra. [9] See, Op. Att'y Gen. Fla. 98--28 0.998}, recognizing that the authorization in s. 12'0.54{5)(b)2., Fla. Stat., for the use of communications media technology to conduct meetings applied only to state agencies. http://myfloridalegal.comlago.nsf/printvlew/11AB1ESDA17FOE1$8525&ALD00467EDA Page 4 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 6, 2008 SUBJECT: AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 PRESENTATION ON 20-YEAR WATER SUPPLY PLAN ITEM BEFORE COMMISSION Staff will present a proposal for meeting the City's projected potable water demands through the year 2030. BACKGROUND In accordance with statutory requirements, the South Florida Water Management District (SFWMD) completed and approved a series of regional water supply plans, including the Lower East Coast Regional Water Supply Plan (LEC Plan), in which area Delray Beach is situated. The plan was approved February 15, 2007 and includes water supply projects for all utilities in the LEC area that balance supplies with projected demands. By statute, utilities have until June 22, 2008 to respond to the SFWMD, committing to the water supply projects or equivalent alternatives, and August 15, 2008, to file an amended comprehensive plan with the State that includes a water supply element listing the water supply projects as well as proposed schedules and funding for implementation. Staff will present its proposal to Commission. 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Y Y Y. - - ~ = - -_ •r, x _ - Vi r r r [z ~ [z [z o a a a ~ - _G _G - Y - rl - Z ~ r. ~ r. ~ r. - - x rl - - Y Y ~ 7 ~ - u ~ ~ .. u ~ ~ .. ~ x - U _ ! - - L - - L L - ~ _ - l~ rl :G - - ~~ = ~ Y r Y. x ~ 1~ Y. x - d - r r v; .: r r~ - - f, rl -_ Y .x rl - = l ~ .~ rl ~ .~ rl F IJ rl :( r _ - J LL LL LL [ U U - u = _ ~ ` - ~ - ^ ~ _ F ~ m - ~ < r, ~~, ri ri = ri ~ ~ 0 0 _G ~ = , - - - Y rr x = - ri ~f, ~f, x _ - _ D U x - - e = _ - [~ [~ [~ 0 Or ~ - - G -r ~ ~ F a ri - - - _ - Y ~f, ~ l~ rl ri Y ~ r ~ :G - u u rl L Y '- L x _ x ri ~ _ r. _ _ ^~ ~ - ~ ri ~ ri ~ _ - t~ CJ ~ F ~ ~ ~ ~_ ~_ f ~ a ~ - ~ ? z _ _ =c ~ - V 0 V ~' a G ~ ~ 0 - _ _ ~ m' ; ~ ~ ~' ~ ~ ~ ~ U ~ 0 ~ z 0 c = = 0 ~ =G o ~ ~ ~ ~ :c ~' 0 0 0 F ~ ~ - - a 0 _ _ - _c - - - ~ - a ~ a _ ~ v - m m ~ ~ a p - _ c ~ F ~ ~ a ~- - ~' - - F U ~ . F U , • _ - ~ _ a - __ - r~ ~ c r~ J J ~ = 0 = _ _ - _ F o _ ~ a - ' _ _ _ ~ ~ ~ a v, _ _ a~ ~ ~ ~ a - '~ p ~ a - _ _ _ c =G = ~ _ - ~ _ - m ~ _ 0 _ ~ _ ~ ~ ~ ~ o ~ a ~ a a ~ ~ ~ ~ U ~ ~ U ~ - a ~ U U v, ? m a 0 U t t l~~~ ~~ ~1 ~~ t t l~~ ~- l ~ ~~ t t l ~~~~ ~~ t t l ~ ~l ~~ ~1 1 l\ ~`' Z1 ~ ~1 ,` LL1 '1 ~ ,`, ,, ~~ ` Z1 a Zl ~`~ ~ ,~ l ~~ Zl ~' ~ `' ~1 L Z1 ~ ~ a L 1 ~ ~ L1 ~\ ~\ L ~ ~1 ~ ~1 1 1 ,`~ ,`~ ~ ~ t t l~~~ ~~ ~1 ~~ t t l~~ ~- l ~ ~~ t t l ~~~~ ~~ t t l ~ ~l MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: May 7, 2008 SUBJECT: AGENDA ITEM WS.S - SPECIAL/WORKSHOP MEETING OF MAY 13, 2008 ALTERNATIVES REGARDING HISTORIC DISTRICT BOUNDARY ADJUSTMENTS ITEM BEFORE COMMISSION Discussion on de-designation/redefining boundaries/change of classification for Historic Districts via 5 versions of Ordinance 09-08. Five versions of this ordinance are before you for discussion of the different options and direction as to which version should be moved forward. BACKGROUND Version 1 At the February 12, 2008 workshop meeting, Version 1 of the attached Proposed Ordinance 09-08 came to you for discussion regarding "Removal of Historic Designation" (this was the Alt. Version 1 at that meeting). Your direction was to move forward with the alternative version of the ordinance. During that meeting, there were concerns expressed about the "super majority" requirement for approval by the Commission as well as with having to obtain the signatures of "all" property owners. Version 2 Version 2 was drafted to address some of the concerns expressed with Version 1 at the workshop meeting by requiring only a majority vote of the Commission and a majority of owners signatures (51%). Version 3 Version 3 was drafted as a more limiting alternative that provided that only the City Commission could initiate the removal process. Versions 1, 2, and 3 go to the Boards. Versions 1, 2 and 3 were then taken to all of the Boards including the CRA, DDA, WARC, Pineapple Grove, HPB, and the P&Z Board. The CRA, DDA, WARC and Pineapple Grove Boards supported Version 2. HPB expressed concerns and preferred not to adopt any "removal" process because they felt that prior to obtaining updated surveys, the ordinance was premature. Nevertheless, they stated they could support Version 2 if required to pick one of the options. Version 4 The P&Z Board approved Version 2 at their meeting, but their approval was subject to certain substantial changes being included which resulted in Version 4 of the ordinance which re-names the sections. The renaming changed "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for not only removing historic properties but P&Z also recommended adding them to the districts as determined by a survey to be completed by the City at least every 5 years. P&Z expressed that this would restrict anyone initiating the process to using the City's survey, however, owners can only initiate the process within 12 months of the date of the last survey while the City Commission and HPB can initiate at any time within the 5 years between each survey. P&Z expressed that this would likely help provide a sort of balancing system wherein the owners would likely remind the City to perform the survey each 5 years. P&Z also stated that signatures of at least 75% of owners located in the affected area should be obtained as opposed to the signatures of all owners as is contained in Version 1 or of just a majority (51%) contained in Version 2. Version 5 Finally, Version 5 came about as a sort of "fine-tuned version" of P&Z's suggested changes (contained in Version 4). Instead of calling it "Redefining Boundaries", Version 5 is entitled "Removal from or Expansion into a Historic District" and "Change of Historic Classification". This version provides for properties to be removed from or added to historic districts based on aCity-initiated survey every 5 years, however, owners can only initiate the process within 12 months of the last survey (the same as in Version 4) but as a second option, properties may be re-classified as contributing or non-contributing without necessarily adding to or taking away from existing districts if a survey recommends the reclassification, however, reclassification can only be initiated within 12 months of the last survey regardless of whether initiated by owner, HPB or City Commission. The remainder of Version 5 mirrors the language in Version 4 including the language requiring 75% of owners' signatures. FUNDING SOURCE N/A RECOMMENDATION City Commission discretion. VERSION 1 VERSION 1 ORDINANCE N0.09-08 (alt) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND ANEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC STRUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES; 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 and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission 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, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation' and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Removal of Historic Designation from Part of a Historic District: (a) If a Property owner within the Part of the district seeking removal of the designation determines that they want to retain the designation for their (O) Removal Procedures. (1) Applications for removal shall be made to the Historic Preservation Soard on an application form developed and aP~roved by the Soard (a) AP~lication for removal of a historic designation from Part of a district maybe initiated by written request of: (1) The owner(s) of the designatedproPert~ies~ 1. a current survey of the Part of the district seeldn~ removal Prepared within the last twelve (12~ months by a Historic Preservation Planning Expert located in South Florida; 2. a letter of iustification for the removal Prepared by a Historic Preservation Planning Expert located in South Florida; 3. a curriculum vitae of the Historic Preservation Planning Expert located in South Florida that ORD. N0.09-08 (1) If, after a survey conducted within the last twelve (12) months, a Historic Preservation Planning Expert in historic structures and districts located in South Florida removed which includes said ProPert~T may not have the designation removed Lentil the tax exemption expires Pursuant to LDR Section 4.5.1 3 . performed the survey and prepared the iustification letter above; 4. photographs and addresses of all properties within the part of the historic district seeldn~ removal of the designation; and 5. signatures of the owners of all properties within the part of the historic district seeking removal. (2) The Historic Preservation Board; or (3) The City Comrrrission it generally conforms with historic status criteria. The Planning and Zoning Director or his/her designee shall then prepare a removal of designation report which shall contain the following: (a) Proposed legal boundaries of the historic building, archaeolo 'cgr al site, structure, or district; (b) Analysis of the historic significance and character of the propert~ies~ for which removal of historic designation has been sought. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall ORD. N0.09-08 the designation A maiority of the entire Board present and voting must act in the affirmative to transmit the recommendation for removal to the City Commission. The City Comrrrission shall consider the recommendation through its standard ordinance adoption procedures, except that at least four (4) affirmative votes of the City Comrrrission are necessary to remove a designation. not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 Rev. 8 3/25/08 VERSION 2 VERSION 2 ORDINANCE N0.09-08 (alt # 4) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND ANEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC STRUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES; 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 and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission 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, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation' and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Removal of Historic Designation from Part of a Historic District: (1) If, after a survey conducted within the last twelve (12) months, a Historic exFerience and exFertise in South Florida develoFmental and architectural history determines that a Fart of a district that touches the edge of the boundary of the historic district as it existed (a) If a FroFerty owner within the Fart of the district seeking removal of the designation determines that they want to retain the designation for their (O) Removal Procedures. (1) AFFlications for removal shall be made to the Historic Preservation Soard on an aFFlication form develoFed and aF~roved by the Soard (a) AF~lication for removal of a historic designation from Fart of a district maybe initiated by written request of: 1. a current survey of the district seekir~ removal FreFared within the last twelve (12) months b~ Historic Preservation Planning E xFe the National Park Service Professional Qualification Standards for Historic Preservation and Possessing a demonstrable level of historic Preservation exFerience and exFertise in South ORD. N0.09-08 Fart of the district may be removed in accordance with the Procedures in LDR Section 4.5.1 O . removed which includes said FroFert~T may not have the designation removed Lentil the tax exemFtion exFires Pursuant to LDR Section 4.5.1 3 . Florida developmental and architectural history (if none has been Prepared within the last twelve (12) months, then said owner(s) shall bear the expense for the survey); 2. a letter of iustification for the removal Prepared by the Historic Preservation Planning E xpert; 3. a curriculum vitae of the Historic Preservation Planning Expert that Performed the survey and Prepared the iustification letter above; 4. Photographs and addresses of all Properties within the part of the historic district for which removal of the designation is sought; 5. signatures of the mai on , of the Property owners within the part of the historic district seeldn~ removal. (2) The Historic Preservation Board; or (3) The City Commission which shall contain the followii~: (a) Proposed legal boundaries of the historic building, archaeolo 'cgi al site, structure, or district; (b) Analysis of the historic significance and character of the Propert~ies~ for which removal of historic designation has been sought. (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or Part of a district. (3) Upon completion and formal review of the report, a Public hearing shall be held on each Proposed removal of historic designation. Notice of said hearing shall be made to the owner(s) of the affected district at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see ORD. N0.09-08 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 removal of the designation A maiority of the entire Soard present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. The City rea~uperT vote of four (4 votes. Rev. 3/14/08 VERSION 3 ORDINANCE NO. -08 (alt # 5) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(l~, "PROCEDURES FOR REMOVAL OF HISTORIC DESIGNATION FROM A DISTRICT OR PART OF A HISTORIC DISTRICT", IN ORDER TO PROVIDE A METHOD FOR REMOVAL OF A DESIGNATION FROM A DISTRICT OR PART OF A 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 and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary 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 Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(N), "Procedures for Removal of Historic Designation from a District or Part of a Historic District", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Procedures for Removal of Historic Designation from a District or Part of a Historic District: (1) The Citv Commission shall initiate the removal of a historic designation from a district or part of a district and shall make a final determination in accordance with the procedures below (a) A comprehensive survey completed within the last five (5~vears or less shall be considered including all structures within the boundaries of the entire historic district prior to removal of a historic designation of a historic district or any part thereof. (b) The survey shall be conducted according to the following 1. The survey shall be or have been conducted by a qualified > 7T planning consultant or team (contracted through the City and meeting the National Park Service Professional Qualification Standards for Historic Preservation possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history. architecture. (c) Exception for properties receiving tax exemption: 1. If it is determined that a district or part thereof should have its designation removed but properties within that area have received tax exemptions pursuant to LDR Section 4.5.1(M~ Section 4.5.1(ND(3). (a) Proposed legal boundaries of the historic building, archaeolo 'cgi al site, structure, district or part of a district that should be removed; and (b) Analysis of the historic significance and character of the propert~ies~ for which removal of historic designation is being considered ORD. NO. -08 (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner (s) of the affected district at least ten (10~~s prior to the hearing b~gular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice published in the newspaper at least ten (10~~s prior to the hearing, provided, however, posting pursuant to 2.4.2(S,~(1)(b) is not required 4) After conducting the public hearing, if the Historic Preservation Soard finds that the survey, report, and staff recommendation illustrate that the historic integri , of the property has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal, it shall vote on the recommendation of removal of the designation. A maiority of the entire Soard present and voting, must act in the affii~rnative to transmit the recommendation for removal to the City Commission (5) The City Commission shall consider the recommendation of HPS in the form of an ordinance at a public hearing and shall make a finding as to whether the historic integri ,T of the property has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal based on the evidence presented at the public hearing If any property owner within five hundred feet (500') of the edge of the property being considered for removal and/or in the historic district wherein propertybeing considered for removal is located obiects to the removal of the historic designation, the City Commission approval of the ordinance allowing removal shall require a super mai ority vote of four (4) votes of the City Commission. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. -08 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. -08 ~ 4/29/08 VERSION 4 ORDINANCE N0.09-08 (alt # 6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; 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 and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Comrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Comtrrission 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 Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. that was once Part of a Platted lot that touched the edge but has been subdivided has had its reduced to reflect the removal in accordance with the Procedures in LDR Section 4.5.1(O~ (a) If a Property owner within the Part of the district seeking to reduce the boundaries deternunes that they want to retain the historic designation for their property, then the~~P~ly to individuall~gnate their contnbuting structure within a historic district but does not aualif individual designation, then the Part of the district seeking to be removed from the district which includes said property may not be removed Lentil the tax exemption expires Pursuant to LDR Section 4.5.1 3 . (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing then that historic district may redefine its boundaries to include the adjacent contnbuting structures in accordance with the Procedures in LDR Section 4.5.1(O~ (O) Procedures for Redefining Boundaries of Historic Districts. 1. The Historic Preservation Board at any time so long ash initiated survey has been consulted that was performed within five 5~years or less; ,years or less; or ORD. N0.09-08 a If an owners of designated Properties) seeks to redefine the boundaries of a historic district, then they shall Provide: i. Photographs and addresses of all Properties that will be either removed from or added to the historic district and; ii. signatures of seven , -five percent 75%,, o property owners that are located in the area that will be removed from or added to the historic district. (2) The Planning and Zoning Director or his/her designee shall conduct a (a) Proposed revised legal boundaries of the historic district; (c) A staff recommendation as to whether or not the boundaries should be reduced to remove Properties due to irreversible loss of historic integrity to an increase in contnbuting structures adjacent to the district. 3) Uvon completion and formal review of the revort, a public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subi ect historic district and the owners o) fall Properties within five hundred feet (500' o Properties to be added or subtracted at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see Section 2.4.2(S,~(1)(b)1 and by notice Published in the newspaper at least ten (10~~Prior to the hearing, provided; however, Posting~ursuant to 2.4.2(S,~(1)(b) is not required (4) After conducting the Public hearing if the Historic Preservation Soard finds that the aP~lication to redefine the boundaries fulfills the Proper criteria to add or subtract ORD. N0.09-08 properties and all procedures have been followed correctly it shall vote on the recommendation Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 then be transmitted to the City Commission. The City Commission shall consider the aUnroval shall require a superT vote of four (4 votes. ~ 4/29/08 VERSION 5 VERSION 5 ORDINANCE N0.09-08 (alt # 7) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS SY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, text amendment at a public hearing held on changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, siding as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary 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, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(l~, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follow: Q~ Criteria for Change of Historic Designation and/or Classification: the Planning and Zoning Board reviewed the proposed and voted to to recommend that the (1) A survey of all historic districts may be conducted by the Ci , eve , five 5~ ,years. The surve~eport may recommend changes to the historic designation and/or classification of Properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that apart of a historic district that touches the edge of the boon of the historic district as it existed at the time of original designation of that designation for their Property, then the~~p~ly to individuall~gnate their Propert~vursuant to LDR Sections 4.5.1 S) and (C . If a Property has received a tax exemption Pursuant to LDR Section 4.5.1(Nn as a contributing structure within a historic district but does not aualify for individual designation, then the Part of the district seeking to be removed from the district which includes said ProPert~T may not be removed Lentil the tax exemption expires vursuant to LDR Section 4.5.1(NI)(3). (b) Criteria for Change of Historic Classification: If a survey conducted within the last twelve (12) months reveals that a Property within a LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period 2. The survey recommends that a grope , or properties have been so significantly altered that the changes are irreversible and have contnbutin~ structures deemed to be contnbuting then that historic district may ORD. N0.09-08 the removal in accordance with LDR Section 4.5.1(O~ created to incorporate those identified Properties in accordance with LDR Section 4.5.1(0 (O) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Avnlications shall be made to the Historic Preservation Soard and may be initiated by written request of: (a) The Historic Preservation Soard based upon the recommendations of a surve~mPleted within five (5~years Prior to the aP~lication; (b) The City Commission based upon the recommendations of a survey completed within five (5~years Prior to the aP~lication; or added to the historic district. request of: (a) The Historic Preservation Soard based upon the recommendations of a City initiated surve~mPleted within twelve (12, months Prior to the avnlication; or ~~ avnlication; or ~~ (c) An owners of a Property to be reclassified based upon the recommendation of a City initiated surve~mPleted within twelve (12~ ORD. N0.09-08 2. (3) The Planning and Zoning Director or his/her designee shall conduct a (a) Qiange of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the Properties be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the Properties should be removed due to irreversible loss of historic integrity as a result of historic district due to an increase in contributing structures adjacent to the district. (b) Qiange of Historic Classification: 1. Analysis of the Properties to be reclassified; and 2. A staff recommendation as to whether or not the Properties should be reclassified due to either: a loss of historic integrity as a result of irreversible alterations to a contributing~roperty; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a Public hearing shall be held Notice of said hearing shall be made to the owners o) fall Properties within the subject historic district and the owners o) fall Properties within five hundred feet (500') of the affected Properties at least ten (10~~Prior to the ORD. N0.09-08 (5) After conducting the public hearing if the Historic Preservation Soard finds that the application fulfills the proper criteria and all procedures have been followed correctly it shall vote on the recommendation. A maiority of the entire of the property seeking a change of historic designation and/or classification obiects, the City Commission approval shall require a superT vote of four 4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. 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