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Ord 37-08ORDINANCE NO. 37-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-WSPI, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ,ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-WSPI" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89; the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-WSP 1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 18, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes .are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-WSP1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2008-WSPI was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-WSP1 was held by the City Commission on September 3, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2008-WSP1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2008-WSP1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2008-WSPl was held by the City Commission on December 9, 2008, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-WSP1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray BP~.ch, Florida" is hereby amended pursuant to the document entitled "Comprehensive T amendment 2008- WSP 1. Section 5. That should any section or provision of this ordinance or any portion thereof, ORD. N0.37-08 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASS AND OPTED in regular session on second and final reading on this the day of , 2008. ATTEST City Clerk First Reading ` \ 3 0~ Second Reading ~ ~ ~~ MAYOR ORD. NO. 37-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: December 1, 2008 SUBJECT: AGENDA ITEM 10 D -REGULAR COMMISSION MEETING OF DECEMBER 9, 2008 ORDINANCE NO 37-08 (SECOND READING & ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2008-WSPlI ITEM BEFORE COMMISSION The item before the City Commission is that of adoption of Comprehensive Plan Amendment 2008- WSP1. BACKGROUND Comprehensive Plan Amendment 2008-WSP1 was approved on first reading on September 3, 2008 and transmitted to the Florida Department of Community Affairs (DCA) for review. The transmitted amendment, which dealt with integration of the City's 20-Year Water Supply Facilities Work Plan into the Comprehensive Plan, included the following City-initiated text amendments: . • Add asub-element for the 20 Year Water Supply Facilities Work Plan to the Public Facilities Element. • Add Policy A=1.10 to the Capital Improvement Element dealing with capital improvements for our reclaimed water system and Table RW-CIP in the Capital Improvement Element. • Add Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System to the Capital Improvement Element. DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on November 14, 2008. The ORC report contains six objections. Five of these objections require additional policies to be added to the Comprehensive Plan. These deal with intergovernmental coordination for future water supply planning; water supply concurrency; and conservation. The sixth objection requires clarification of the funding for the reclaimed water transmission system. The response to the ORC Report is included with the attached Planning & Zoning Staff Report for December 8, 2008. Several changes to the 2008-WSP1 amendment are being made prior to adoption to address the ORC objections. These include the following: • Capital Improvement Element - A note has been added to Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System to explain alternative funding for the reclaimed water transmission system, if the anticipated grants are not received; • Add Future Land Use Element Policy B-2.7, dealing with water supply concurrency. • Add Intergovernmental Coordination Element Policy A-1:12, dealing with updates to the Water Supply Facilities Work Plan; • Add Intergovernmental Coordination Element Policy A-1.13, dealing with coordination of water supply planning with the SFWMD; • Add Intergovernmental Coordination Element Policy A-1.14, dealing with coordination with the SFWMD on renewal of the Consumptive Use permit in 2010; • Add Intergovernmental Coordination Element Policy A-1.15, dealing with coordination of water supply planning with the Town of Gulfstream; • Add Intergovernmental Coordination Element Policy A-1.16, dealing with coordination of water supply planning with Palm Beach County; and • Modify Conservation Element A-4, dealing with conservation measures. A full analysis of all the items contained in the original transmitted amendment, as well as the additional. items required to address the ORC report, is included in the attached Comprehensive Plan Amendment. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the amendment on August 18, 2008. A presentation was made by staff and no one from the public addressed the Board. The Board unanimously (4-0) recommended approval of Comprehensive Plan Amendment 2008-WSP1. The Planning and Zoning Board will consider the ORC Report and the recommended response at its December 8, 2008 meeting. The results of that meeting will be presented at the City Commission Meeting. RECOMMENDATION By motion, approve on second reading, Ordinance No. 37-08, by adopting the findings of fact and law contained in the staff report and finding that Comprehensive Plan Amendment 2008-WSP1 supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted Amendment with the response to the ORC Report to the Florida Department of Community Affairs. ORDINANCE NO. 37-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-WSPI, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-WSPI" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-WSP1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 18, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-WSP1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2008-WSPI was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-WSP1 was held by the City Commission on September 3, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2008-WSP1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2008-WSP1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2008-WSP1 was held by the City Commission on December 9, 2008, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-WSP1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008- WSP1. Section 5. That should any section or provision of this ordinance or any portion thereof, ORD. NO.37-08 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST City Clerk First Read Second Reading MAYOR 3 ORD. NO.37-08 ORC Report Response Comprehensive Plan Amendment 2008-WSP1 ORC OBJECTION A: "Water Supply Concurrency-The City has not included a policy to address Concurrency for water supply as required by Section 163.3180(2)(a), F.S. " Response: Concurrency is currently addressed in Future Land Use Element Objective B-2 and its associated Policies. To further address this objection, the following policy has been added under this Objective: Policv B-2.7 Prior to approving a building permit or its functional equivalent, the City will consult with the City Environmental Services Department and its Public Utilities Division to determine whether water supplies to serve the new development will be available no later than the anticipated date of issuance of a certificate of occupancy, or its functional equivalent, by the City. ORC OBJECTION B: "The City has not included a policy to update its 20-Year Water Supply Facilities Work Plan within 18 months of any update to the South Florida Water Management District's Lower East Coast Regional Water Supply Plan Update. " , Response: Comprehensive Plan Amendment 2008-1 is being adopted concurrently with this Water Supply Facilities amendment. Policy B-5.2 of the Public Facilities Element was modified in the 2008-1 amendment to address this issue. However, to further address this issue, the following policy has also been added to the Intergovernmental Coordination Element: Policv A-1.12 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a Water Supply Facilities Work Plan. The Work Plan will be updated within 18 months following an update of the Regional Water Supply Plan. ORC OBJECTION C: "Water Supply Coordination. The Intergovernmental Coordination Element does not include policies with specific programs and activities to ensure ongoing coordination with the local governments receiving water from the City (Town of Gulf Stream and unincorporated portions of Palm Beach County) regarding water supply planning issues. " Response: Comprehensive Plan Amendment 2008-1 is being adopted concurrently with this Water Supply Facilities amendment. Policy B-5.3 of the Public Facilities Element was added in the 2008-1 amendment to ensure coordination with the Town of Gulfstream. However, to further enhance this process, the following Policies have been added to the Intergovernmental Coordination Element: Policv A-1.15 The City shall coordinate its water supply planning efforts regarding population projections and water demand with those of the Town of Gulfstream, to which it provides water service. Accordingly, on an annual basis, following the receipt of BEBR population estimates, the City shall meet with the Town of Gulfstream to discuss the population estimates, conservation measures and any changes that might effect its future water demand. Policv A-1.16. Upon request from the property owner, the City may provide water service to areas within its planning boundaries which have not yet been annexed. The provision of water service shall be accompanied by an agreement to voluntarily annex upon eligibility, unless the property is already eligible in which case, annexation shall precede the provision of services. On an annual basis, the City shall meet with Palm Beach County to discuss annexation efforts and to coordinate its water supply planning with regard to the provision of water service to these areas. ORC OBJECTION D: "Water Management District Coordination. The City has not included a policy to ensure it will continue to coordinate its water supply planning with the South Florida Water Management District by November 15th each year or that it will coordinate its water supply planning with the SFWMD over the next two years as it goes through the Consumptive Use Permit process. The City has not demonstrated how its water reuse projects will offset further withdrawals from the Surficial Aquifer. " Response: The City's water withdrawal allocation of 19.01 mgd, under the current Consumptive Use Permit # 50-00177-W, expires March 9, 2010, with the withdrawal allocation set to drop to 15.92 mgd. However, under SFWMD's "ground water availability rule," the City should receive an average- day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is renewed in 2010. The "Potable Water Demand Projections" table on page 13 of the "Twenty Year Water Supply Facilities Work Plan" (dated August 2008), reflects the projected credits (conservatively assumed at 50%) for removing the demand on the ground water system for those uses utilizing reclaimed water as opposed to wells for irrigation; and a direct 100% offset on the potable system in areas where potable water is currently used for irrigation, such as the Barrier Island. It is noted that even without any credits for reduction of ground water withdrawals, the direct offset for replacement of potable irrigation flows with reclaimed water is adequate to balance supplies with demands over the planning horizon. The City has hired a consulting firm to produce a ground water model to conduct withdrawal simulations in providing supporting data and analysis for the renewal application of the Consumptive Use Permit through SFWMD. When the model is complete, the data and analysis will be available to validate the assumed ground water withdrawals and demands to support the allocations requested under the CUP (as indicted on the Table, page 13). We will coordinate with the SFWMD during the process as data becomes available. To address this objection, the following Policies have been added address to the Intergovernmental Coordination Element: 2 Policv A-1.13 The City shall continue to coordinate its water supply planning with the SFWMD. Accordingly, by November 15 of each year, the City shall report on the status of its water supply projects to the SFWMD. Policv A-1.14 The City shall coordinate with the SFWMD throughout the consumptive use permit renewal process (scheduled for renewal in 2010) to provide data and analysis on how the reclaimed water projects will offset further withdrawals from the Surficial aquifer. ORC OBJECTION E: "The Capital Improvements Table RW-CIP, 5-Year Capital Improvements Schedule utilizes grant funding for projects included in the' first three years but does not indicate that the grants listed for these projects are committed sources of revenue as required in order to be financially feasible. There was no data and analysis indicating that the City has received the grants. " Resaonse: The table on page 116 of the FY2009-2013 Approved Capital Improvement Program booklet (see attached), indicates both "Sources of Funds" and "Uses of Funds" for the Water and Sewer New Capital Fund (Fund No. 441). The "Reclaimed Water Transmission System" (highlighted on the table) is one of expenditures within Fund No. 441. Under the "Sources" of Funds" section, the last line represents potential sources from the SFWMD as grant funding for Alternative Water Supply projects (reclaimed water system). The City proposes to apply for a grant every year funding is available. The projections are conservative, as this year's grant award (see attached award letter) is in the amount of $1.1 million dollars. However, if grant funding is not made available as projected in the future years, the last line of the "Uses of Funds" section, "Project Reserves," indicates that adequate funding is available for each respective year in excess of the projected grant funding. A note has been added to the Reclaimed Water Capital Improvement Schedule for FY 2009/2013 (Table RW-CIP), to explain alternative funding for the reclaimed water transmission system, if the anticipated grants are not received. The note states," The Cash portion of the funding for this project is from the Water and Sewer New Capital Fund (Fund No. 441). If the anticipated grants are not received, the Project Reserve for this fund, which is in excess of the projected grant funding for each respective year of the project, will be used." ORC OBJECTION F: "The City has not proposed any changes to its Conservation Element as a result of the 20-Year Water Supply Facilities Work Plan and there is no Conservation Element policy to indicate the City will continue to utilize its existing water conservation measures such as the landscaping, State Building Code requirements for low-flow plumbing fixtures, water conservation rate structure, water reuse requirements for irrigation, an education program regarding water conservation techniques and devices, develop leak detection and a meter testing and repair program, or to integrate the City's existing emergency water shortage rules. The City has not included policies to implement the conservation measures that can be implemented immediately or included policies outlining the specific programs and activities it will undertake to implement those conservation measures that will take more time to implement. " 3 Response: The City's water conservation measures are contained within two areas of the Comprehensive Plan-Conservation Element Objective A-4, with its eleven associated policies, and Public Facilities Element Policy B-2.1. Both of these were reviewed and modified with the EAR-based amendments in anticipation of adoption of the 20-Year Water Supply Facilities Work Plan. There is no indication in the Plan to suggest that these measures will cease as a result of expansion of the reclaimed water system as detailed in the Work Plan. To the contrary, they are intended to remain in effect to help reduce the consumption of potable water in the City. We do not believe that any new policies are needed at this time. It is noted, however, that the modified language for Conservation Element objective A-4, originally included with Amendment 2008-1, made the objective less clear. Therefore, this Objective has now been modified to read as follows: Obiective A-4 To mitigate against future water shortages, a series of innovative activities, which educate the public on water conservation issues, reduce overall consumption, minimize waste, and generally protect water resources, shall continue to be undertaken. These activities shall be directed toward the continued reduction of water use, and shall be evaluated annually. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN Goal 7 (a) (Water Resources), Policy (b)3. Encourage the development of local and regional water supplies within water management districts. (Applies to all Objections); Policy (b)5. Ensure that new development is compatible with existing local and regional water supplies. (Applies to all Objections); Policy (b)11. Promote water conservation as an integral part of water management programs as well as the use and reuse of water of the lowest acceptable quality for the purposes intended. (Applies to all Objections); and Policy (b)13. Identify and develop alternative methods of wastewater treatment, disposal, and reuse of wastewater to reduce degradation of water resources. (Applies to all Objections). Goal 15 (a) (Land Use), Policy (b)6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity; the availability of land, water, and other natural resources to meet demands (Applies to all Objections); Goal 17 (a) (Public Facilities), Policy (b)7. Encourage the development, use, and coordination of capital improvement plans by all levels of government. (Applies to all Objections). Goal 25 (a) (Plan Implementation), Policy (b)7. Ensure that local plans implement and accurately reflect state goals and policies (Applies to all Objections). Recommendation: By addressing the concerns noted in Section l., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. " Response: The issues that are inconsistent with the State Comprehensive Plan have been addressed through the above responses to the ORC Report. 4 v g 4f S dU m Q Q.' 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V.B. AGENDA ITEM: CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2008-WSP1. ITEM BEFORE THE BOARD: ~ The item before the Board is that of forwarding a recommendation to City Commission regarding the response to the Florida Department of Community Affairs (DCA) ORC report for Comprehensive Plan Amendment 2008-WSP1. BACKGROUND: Comprehensive Plan Amendment 2008-WSP1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on September 3, 2008. This meeting was also the first reading of the Adoption Ordinance (No. 37- 08). The transmitted amendment, which dealt with integration of the City's 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan, included the following items City- initiated text amendments: • Add sub-element for 20 Year Water Supply Facilities Work Plan to the Public Facilities Element. • Add Policy A-1.10 to the Capital Improvement Element dealing with capital improvements for reclaimed water system and Table RW-CIP in Capital Improvement Element. • Add Table RW-CIP, 5-Year Capital Improvements Schedule for .Reclaimed Water System to the Capital Improvement Element. DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, 'and Comments (ORC) Report on November 14, 2008. The ORC report contains six objections. Five of these objections require additional policies to be added to the Comprehensive Plan. These deal with intergovernmental coordination for future water supply planning; water supply concurrency; and conservation. The sixth objection requires clarification of the funding for the reclaimed water transmission system. A description of the objections and the recommended responses is included in the attached O!RC Response. Several changes to the 2008-WSP1 amendment are being made prior to adoption in order to address the ORC objections. These include the following: • Capital Improvement Element - A note has been added. to Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System to explain alternative funding for the reclaimed water transmission system, if the anticipated grants are not received; • Add Future Land Use Element Policy B-2.7, dealing with water supply concurrency. P&Z Board Staff Report Item V.B. -Consideration of ORC Report for Comprehensive Plan Amendment 2008-WSP1 Page 2 • Add Intergovernmental Coordination Element Policy A-1.12, dealing with updates to the Water Supply Facilities Work Plan; • Add Intergovernmental Coordination Element Policy A-1.13, dealing with coordination of water supply planning with the SFWMD; • Add Intergovernmental Coordination Element Policy A-1.14, dealing with coordination with the SFWMD on renewal of the Consumptive Use permit in 2010; • Add Intergovernmental Coordination Element Policy A-1.15, dealing with coordination of water supply planning with the Town of Gulfstream; • Add Intergovernmental Coordination Element Policy A-1.16, dealing with coordination of water supply planning with Palm Beach County; and • Modify Conservation Element A-4, dealing with conservation measures. RECOMMENDED ACTION J By motion, recommend. that the City Commission approve on second and final reading Comprehensive Plan Amendment 2008-WSP1 and that the response to the ORC Report, contained herein, be transmitted to the State with the adopted amendment. Attachments: • ORC Report • ORC Report Response • Comprehensive Plan Amendment 2008-WSP1 s:\planning & zoning\longrange\comp\amend 08-wspl water plan\adoption\2008-wspl orc response.doc COMPREHENSIVE PLAN AMENDMENT 2008 - WSP1 Planning & Zoning Board Transmittal Public Hearing August 18, 2008 City Commission Transmittal Public Hearing ` September 3, 2008 City Commission Adoption Public Hearing December 9, 2008 i ~.~~_ - ~~., _ _-.~._~ w ~~_ ~w._..~..~q .,r....~~.a~. ~.:._._._.._~ .~~.__._ v~....~d~_. __ -__ ~. COMPREHENSIVE PLAN AMENDMENT 08-WSP1 CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS Page TEXT CHANGES - (CITY INITIATED) 1 Public Facilities Element -Add sub-element for 20 Year Water Supply Facilities Work Plan. 1 Capital Improvement Element -Policy A-1.10 (Reclaimed Water) 1 Capital Improvement Element - Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System 1 Future Land Use Element -Policy B-2.7 (Water Supply Concurrency) 2 Intergovernmental Coordination Element -Policy A-1.12 (Updates to Water Supply Plan) 2 Intergovernmental Coordination Element -Policy A-1.13 (Coordination with SFWMD) 2 Intergovernmental Coordination Element -Policy A-1.14 (Consumptive Use Permit) 3 Intergovernmental Coordination Element -Policy A-1.15 (Coordination with Town of Gulfstream) 3 Intergovernmental Coordination Element -Policy A-1.16 (Coordination with Palm Beach County) 3 Conservation Element -Objective A-4 (Water Conservation) '~, g,_ 9 IL COMPREHENSIVE PLAN AMENDMENT 08-WSP1 CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES CITY INITIATED TEXT CHANGES: 1) Location: Public Facilities Element - 20 Year Water Supply Facilities Work Plan Sub-Element Change: ADDITION Comment: This addition is being made to incorporate the 20 Year Water Supply Facilities Work Plan as a sub element of the Public. Facilities Element. The Work Plan is attached as Support Document #1. 2) Location: Capital Improvement Element - Pg. CI-20, Policy A-1.10 (Reclaimed Water) Policv A-1.10 The City shall allocate funds necessary to implement the 20 Year Water Supply Facilities Work Plan as indicated in Table RW-CIP, Reclaimed Water Capital Improvement Schedule. Change: ADDITION Comment: This addition is being made as part of the integration of the 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan. 3) Location: Capital Improvement Element - Pg. CI-41, Table RW-CIP, 5-Year Capital Improvements Schedule for Reclaimed Water System Change: ADDITION Comment: This addition is being made as part of the integration of the 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan. The Table is attached as Support Document #2. 4) Location: Future Land Use Element -Policy B-2.7 (Water Supply Concurrency) Policv B-2.7 Prior to approving a building permit or its functional equivalent, the City will consult with the City Environmental Services Department and its Public Utilities Division to determine whether water supplies to serve the new development will be (1) available no later.than the anticipated date of issuance of a certificate of occupancy, or its functional equivalent, by the City. Change: ADDITION Comment: This addition is being made to ensure water concurrency. It was added to address an ORC objection. 5) Location: Intergovernmental Coordination Element -Policy A-1.12 (Updates to Water Supply Plan) Policv A-1.12 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a Water Supply Facilities Work Plan. The Work Plan will be updated within 18 months following an update of the Regional Water Supply Plan. Change: ADDITION Comment: This policy was added to address an ORC objection. 6) Location: Intergovernmental Coordination Element - Policy A-1.13 (Coordination with SFWMD) Policv A-1.13 The City shall continue to coordinate its water supply planning with the SFWMD. Accordingly, by November 15 of each year, the City shall report on the status of its water supply projects to the SFWMD. Change: ADDITION Comment: This addition is being made to ensure coordination with the SFWMD on water supply planning. It was added to address an ORC objection. 7) Location: Intergovernmental Coordination Element - Policy A-1.14 (Consumptive Use Permit) Policv A-1.14 The City shall coordinate with the SFWMD throughout the consumptive use permit renewal process (scheduled for renewal in 2010) to provide data and analysis on how the reclaimed water projects will offset further withdrawals from the Surficial aquifer. Change: ADDITION Comment: This addition is being made to ensure coordination with the SFWMD on the renewal of the City's consumptive use permit in 2010. The City has hired a consulting firm to produce a ground water model to conduct withdrawal simulations in providing supporting data and analysis for the renewal application of the Consumptive Use Permit through SFWMD. When the model is complete, the data and analysis will be available to validate the assumed ground water withdrawals and demands to support (2) the allocations requested under the CUP. The City will coordinate with the SFWMD during the process as data becomes available. The Policy was added to address an ORC objection. 8) Location: Intergovernmental Coordination Element - Policy A-1.15 (Coordination with Town of Gulfstream) Policy A-1.15 The City shall coordinate its water supply planning efforts regarding population projections and water demand with those of the Town of Gulfstream, to which it provides water service. Accordingly, on an annual basis, following the receipt of BEBR population estimates, the City shall meet with the Town of Gulfstream to discuss the population estimates, conservation measures and any changes that might effect its future water demand. Change: ADDITION Comment: This addition is being made to ensure coordination with the Town of Gulfstream on water supply planning. It was added to address an ORC objection. 9) Location: Intergovernmental Coordination Element - Policy A-1.16 (Coordination with Palm Beach County) Policy A-1.16. Upon request from the property owner, the City may provide water service to areas within its planning boundaries which have not yet been annexed. The provision of water service shall be accompanied by an agreement to voluntarily annex upon eligibility, unless the property is already eligible in which case, annexation shall precede the provision of services. On an annual basis, the City shall meet with Palm Beach County to discuss annexation efforts and to coordinate its water supply planning with regard to the provision of water service to these areas. Change: ADDITION Comment: This addition is being made to ensure coordination with Palm Beach County on water supply planning in the unincorporated portions of the City's Planning Area. It was added to address an ORC objection. 10)Location: Conservation Element -Objective A-4 (Water Conservation) Objective A-4 To mitigate against future water shortages, a series of activities shall be undertaken which reduce consumption, minimize waste, and generally protect water resources. These activities shall be directed toward a 10% reduction of water use, from the 1989 per capita consumption level of 196 gallons per person per day, by the year 2000.. Change: REVISION (3) Obiective A-4 To mitigate against future water shortages, a series of innovative activities1 s#atl-be ^~+~~^~-^^ which educate the public, reduce consumption, minimize waste, and generally protect water resources shall continued to be undertaken. These activities shall be directed toward a-~-8°~ the continued reduction of water use, and shall be evaluated annually. _ Comment: The City's water conservation measures are contained within two areas of the Comprehensive Plan-Conservation Element Objective A-4, with its eleven associated policies, and Public Facilities Element Policy B-2.1. These measures are intended to remain in effect even after expansion of the reclaimed water system, as detailed in the Work Plan. This Objective was modified to address an ORC objection. s:\planning & zoning\longrange\comp\amend 08-wspl water plan\adoption\08-wspl maindoc adoption.doc (4) „~ , COMPREHENSIVE PLAN AMENDMENT 08-WSP1 CITY OF DELRAY BEACH, FLORIDA IPPORT UMENT #1 20 Year Water Supply Facilities Work Plan ~,. City of Delray Beach Twenty Year Water Supply Facilities Work Plan August 2008 Water Supply Facilities Work Plan Sub-Element Historic Background The City of Delray Beach (City) completed a Water Supply Master Plan (Master Plan) in December 1991 (CH2M HILL) that provided recommended approaches for enhancing and expanding the City's water supply to meet future water demands. As part of the Master Plan, the following tasks were conducted: • Reviewed and tested water supply well production capacities • Evaluated adequacy of the existing groundwater monitoring networks • Evaluated development of a Western Wellfield • Evaluated Aquifer Storage and Recovery (ASR) • Evaluated the effects of stormwater management on the City's raw water supply From these tasks, the following recommendations were made and have since been implemented: • Rehabilitate some of the City's production wells. Most of the City's wells have since been rehabilitated and a better than 50-percent overall improvement in well capacities was achieved. • Install flowmeters, implement a wellfield-monitoring program, and modify the wellfield operational schedule. Flowmeters were installed on all of the operational water supply wells and tied into the City's supervisory control and data acquisition (SCADA) and remote terminal units (BTUs). • Improve the groundwater monitoring networks. New groundwater monitor wells were installed between the Golf Course Wellfield and the former contaminated Aerodri facility. Older Eastern water supply wells were converted to chloride monitor wells to enhance the City's existing Saline Water Intrusion Monitoring program. • Implement ASR. An ASR well facility has been constructed at the City's existing North Reservoir and is awaiting permit approval. • Develop a Western Wellfield. After much negotiation with Palm Beach County, a new wellfield in the County's Morikami Park was permitted and wells constructed, along with a 24-inch pipeline connecting the Golf Course Wellfield raw water pipeline route to the water treatment plant (WTP). • Improve water conservation measures. Additional water conservation measures have been implemented throughout the City, including implementation of a conservation rate structure and a reclaimed water program. Purpose The purpose of this Water Supply Facilities Work Plan is to summarize the City's water supply systems and provide a plan for implementing improvements to meet future potable water supply demands through the year 2030. Specific tasks include: • Inventory the City's existing water supplies. • Project future water demands through the year 2030 based on the latest population projections. • Examine and evaluate alternative water supply sources as an addition to the City's existing water supply to meet future demands • Develop an implementation plan for the selected alternative approach This Work Plan addresses the Lower East Coast Regional Water Supply Plan that was adopted by the South Florida Water Management District on February 15, 2007. Water Service Area Boundary The City of Delray Beach provides potable water to City residents, as well as to residents within an extended service area. The City's Environmental Services Department is responsible for producing, treating and distributing potable water within this service area. The service area consists of the City of Delray Beach and portions of unincorporated Palm Beach County to the west (the Planning Area shown on Map #1) and the entire Town of Gulf Stream to the north through contract as a bulk customer. The service area encompasses approximately 18 square miles. The total population served by the City's system is currently (2008) approximately 68,000. This population is expected to grow to over 82,000 by the year 2030 with a corresponding increase in water demand. 2 C~MP~R~EN~N~I VE PLAN ;~ ~,, DELRA Y BLA~1~', FLC~RIE'?A }-_ _~ - -`='--{ , ~.>~~~~~, ~=_;~ 1~, ,,a ....~... _~I ~<l~ __ ~.. ~ ~ __~_~u_~.~_.._~__ _._._ _ _ _.., ~" ~, ~ ~ ~hr q r A~\ ~~ 1: ~ ~ ~~~ \~ P ~ •..~ ~ ~ ~L' lt~i~;',~u ` (' ~ * » /.~`-fit r ~.. ;_ S i l.f :3 1 ~ ~~~~ ti. 1 -- 4 ( ))) ~t (~ t1s ~ ~ ~ i / 11 lj( »..~,.,~.,.. ~ t t` `~~~~ ~ ((', `, ~ `'^ ~ V~1~~ ,~~~ ~ ;~ ~v~v~~ ttt;v~„~ tilt+IttU ttvSl \.~~ ~~ A\A t r i;.Snt. i w Rs"" ~s t\ \ ~~.t ~ti . ~~ ~~ a ~~~~ ~\~ ' „a..' ~~ 1 ~s i ~~,~ ,;~ ~1 t?1,Ay~t, ~ ! r' \t1 ~ tL ,z ~ r t ~\ i z r ~~,~ ~ i t ~ ~' +x e ~ ~ t~~ ui v: cy Ala ~'' c' ? ' t i ~ ~ ,,, i ;c ~~ ,, '~~~~~~ < ~: ~. ~ ~ ~ E „C ~ ~ 7 tai ~ ~ Ls ~- v. ti . ~~ / 1: .gym ~` j i~ ~, ~~~ ', , MILE GRAPHIG SCALE ~.,, I.EGEhD, PEANNiNG ARER ^°°° ° --^^- ., °^^^ CITY UMiTS CITY OF CEIRAY BEACH. FLORIDA (ULTIMATE CftY BOUtdDAR"} PtAtdNING & ZONING DEPgi~TAdEfdT iD',VN OF GULF STREAM ` ipt4N OF NIGtiLANO BEACV! COt1NTY JUR1591C`t[GN ~t'~ \~ ~ \ " ~.~~.,~~~: ~'ti~Ua MARCM 2008 (WATER & FIRE SERtldCE) ^~~~~~~=' !SEWER Rc F1RF.. SERVICE} ta.~` ~t 3 Existing Water Supply Facilities The City currently withdraws groundwater from the Surficial Aquifer for subsequent treatment and distribution to its residents. The City withdraws the water from 30 active wells in four wellfields yielding a total design capacity of 37.2 mgd: • Eastern Wellfield • 20-Series Wellfield • Golf Course Wellfield • Morikami Park Wellfield Map # 26 shows the locations of each Wellfield. The Eastern Wellfield contains 12 active production wells extending from Northeast 7th Street south to Southwest 10th Street, parallel to Dixie Highway and Swinton Avenue. The 20-Series Wellfield contains 6 production wells, and is just east of I-95, north and south of 10th Street. The Golf Course Wellfield is approximately one-half mile west of the 20-Series Wellfield between West Atlantic Avenue and SW 10th Street, and contains 9 production wells. Morikami Park Wellfield is located within the County's park located on the west side of Jog Road, just south of Linton Boulevard, and contains 3 active wells. The total amount of withdrawal permitted through the South Florida Water Management District consumptive use permit # 50-00177-W, issued March 9, 2005, is 6,937.12 million gallons annually (19.01 mgd). 4 ~~ City of Delray Beach Wellfields ~,~~E~4 Ma # 28 `~~~ 5 Water Usage After the City's raw water from its wellfields is treated, it is distributed and is individually metered at each of the City's customer connections. In addition, many of the City's customers have separately metered irrigation systems so that they do not get charged for sewer service on the irrigation water. Data from these metered uses were compiled and used to develop an estimate of the water use for the following four categories: • Residential • Irrigation (from separate meters) • Commercial • Governmental/Institutional • The following graph provides an estimate of the historic percent of water used by the four types of customers: Irrigation City of Delray Beach Historical Demand by Use Category ®Commercial- ^Residential ^Gov'Ulnst. Gov't/Inst. 8% l rrigatimi IS% ~`k I Commercial ]3% ~. ,, Residential 64% By applying these percentages to the per-capita demand estimate of 240 gpcd, an estimate of the average daily amount of water used by each category was developed, as listed in the following table: Distribution of Per Capita Water Use Water Use Category Percentage (%) Per Capita Demand (gpcd) Residential 64 154 Irrigation 15 36 Commercial 13 31 Government/ Institutional ~8 19 Totals 100 240 6 Although the City has some customers with individually metered irrigation systems, many are not and are thus included in the residential daily per capita rate of 154 gallons. In addition, fhe City maintains an ordinance that discourages individual homeowners from drilling and constructing their own irrigation wells east of I-95, and allows them to irrigate using the City's potable water system via separate irrigation meters. Potable water irrigation meters are prohibited west of I-95. The City has and continues to grow through redevelopment of its downtown and beach areas. In the downtown area, formerly small-use commercial developments (e.g., car dealers, repair shops, and single tenant retail) are now being replaced with high-rise residential condominiums, which tend to use more water than the commercial establishments they replace. Also, the affluent customer base is increasing as the beach area is redeveloped and the new downtown high-end condominiums are being built. The per capita water use has not shown any clear trend of change during the past 13 years, other thari those that were influenced by drought conditions and subsequent water use restrictions (2001-2002). The average per capita use during this 13-year period is 240 gpd. There has been no clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. Historic Per Capita Consumption 300 290 280 270 260 250 240 230 220 210 200 190 180 170 160 150 ~ Per capita consumption l1') C4 ~ M O O r N M Ct u7 lD I~ O O O O O O O O O O O O O O O O O O O O O O O O O O T T T T r N N N N N N N N Population Protections Historic Population for the City of Delray Beach is shown in the following table from the year 2000 through 2007. Historic Po ulation Growth for Cit of Delra Beach (2000-2007 Year 2000 2001 2002 2003 2004 2005 2006 2007 Po ulation 60,020 60,645 61,527 62,578 63,439 63,888 64,095 64,360 Annual increase 1.0% 1.5% 1.7% 1.4% 0.7% 0.3% 0.4% Source: U.S. 2000 Census and BEBR Population Estimates Population projections for the City of Delray Beach and other areas that make of the City's Water Service Area are shown in the following table in five year increments from the year 2010 to 2030. Delra Beach Water Service Area Po ulation Projecti ons 2010 2015 2020 2025 2030 City of Delray Beach 65,781 70,870 77,097 78,143 78,450 Unincorporated Palm Beach County 2,797 2,776 3,087 3,155 3,167 Town of Gulf Stream 758 857 930 935 939 Totals 69,335 74,504 81,114 82,233 82,556 Source: Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. Water Demand Projections The City relies on groundwater from the Surficial Aquifer System (SAS) for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average- day basis; however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule (incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from increasing its SAS withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through. April 2005, when 7,072 million gallons (MG) were withdrawn. On an average-daily basis, this equates to 19.37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. 8 Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Po ulation 69,335 74,504 81,114 82,233 82,556 Per Ca ita Use d 240 240 , 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Alternative Water Supply Options In August 2007, CH2M HILL developed a technical memorandum that identified nine alternative water-supply options to help the City meet this demand: • Floridan Aquifer Reverse-Osmosis: Introduce membrane treatment technology at the Water Treatment Plant using water from the Floridan aquifer as an alternative source. • ,Floridan Aquifer Blending: Supplement ground water source with Floridan water using current treatment and blending of the two source waters. • Aquifer Storage and Recovery (ASR): Store treated water in a Floridan aquifer well for retrieval to supplement demands during periods of dry weather. • Seawater Desalination: Introduce membrane treatment technology at the Water Treatment Plant using seawater from the Atlantic Ocean as an alternative source. • Stormwater Capture and Recharge: Collection of storm water runoff throughout the City and conveying it to well fields for recharge of ground water to offset well withdrawals. • Increased Water Conservation Efforts: Implementation and enforcement of programs ' designed to change the water use behavior of consumers.. • Water Reuse: Removal of irrigation demands from the ground water source and the drinking water system through the provision of reclaimed water to customers for irrigation. • Regional Water Supply Projects (L-8 Reservoir): Participate in the planning and development of the central county project to store water in former rock quarries west of West Palm Beach. • Bulk Purchase of Water: Provide for future drinking water demands through purchasing water form Palm Beach County. A review meeting was held with the City in August 2007, to discuss each alternative and determine which should be further evaluated. Based on the preliminary evaluation in the technical memorandum, four of the alternatives were excluded from further evaluation for the reasons listed below. Alternative Reasons for Exclusion Further Action Aquifer Storage and Recovery Regulatory uncertainty and cost Continue to monitor ASR regulatory developments Stormwater Capture and Recharge Lack of available land or capture and None conveyance system Too many uncertainties regarding The City will monitor the project and Regional Water Supply (L-8 available quantify of water and may elect to participate when better Reservoir) opportunities for participation defined Bulk Purchase Only viable to meet peak demands None The remaining alternatives (Floridan aquifer reverse-osmosis, Floridan aquifer blending, seawater desalination, water conservation, and water reuse) were investigated in greater detail and evaluated with a scoring matrix that considered the following 11 criteria: • Cost (capital and life cycle) • Environmental benefit • Ability to Permit • Capacity • Long-term benefit • Public perception/political viability • Ability to Expand • Operational complexity • Reliability • Health and safety • .Security Based on further discussions between the City and the SFWMD, it was decided to add an additional alternative: the construction of additional SAS wells. The same criteria were applied to this alternative. Descriptions of the weighing criteria, their weight and the basis for applying the criteria are shown in the following table: 10 Weighting Criteria Criteria Description Weight (1-5) Basis for Weight Basis for Applying Criteria Cost Cost of alternative 4 The cost is important, but Relative cost of the not necessarily the most alternative important factor Environmental Benefit to the 3 Projects that benefit the Perceived benefit to the environment environmerit may be more environment favorably received by the public and may gain the City credit from regulatory agencies Ability to Ability to obtain a permit 5 There is no benefit to an Likely ease (or difficulty) Permit from regulators alternative that cannot be of permitting permitted. Alternatives with fewer permitting issues are preferable. Capacity Amount of water 3 The more water an Amount of water provided by the alternative can provide the provided by the alternative better. Multiple alternatives alternative may be required Long-Term Viability of alternative 4 Longer-term solutions are Independence from Benefit under additional more favorable than regulatory oversight or regulations or climate temporary or short-term natural limitations (i. e., change solutions groundwater) Public/Political Public perception / 3 Public/political support Degree of public/political political viability required to successfully support based on implement alternative previous experience with similar alternatives Ability to Ability to increase 4 Future growth may require Ability to expand water Expand supply from the additional water supply production from the alternative alternative Complexity Additional equipment, 3 Simpler projects are more Difference from City's training, or processes favorable since their existing system required to implement ongoing O&M the alternative requirements are less Reliability Dependability of the 3 Systems with historic poor Anticipated reliability of alternative under typical performance under the the alternative operating conditions. expected conditions of service should be eliminated Health and Potential risk to the 3 Alternatives that pose an An increase in risk Safety community or to City increased risk to the public above current conditions employees (stored chemicals in residential neighborhoods, etc.) or to City employees are not preferred Security Risk to the alternative or 3 Systems that can be more Perceived risk of the City from a terrorist easily secured or do not terrorist attack; criticality attack present a desirable target of the alternative to the are preferred City's water supply system 11 An evaluation of the six alternative water supply options against the eleven selection criteria indicates that reclaimed water use, and Floridan aquifer blending are the most favorable alternatives for the City's future water supply. If continued growth requires additional water, additional Surficial Aquifer System (SAS) withdrawals or Low Pressure Reverse Osmosis (LPRO) of Floridan aquifer water should be considered. While increased conservation efforts can provide nearly the same amount of water at virtually no cost, they are not a guaranteed source and their utilization will leave the City without afall-back condition in the event that additional cutbacks become necessary. Increased conservation is best assumed to be a temporary bridge strategy until the City implements alternative sources. Seawater desalination received the lowest score because of the high cost and permitting issues. As shown on the scoring matrix below, based on the above criteria, the recommended alternative water supply option was the expansion of the City's reclaimed water system with the highest (155 points). This alternative received high scores in every category. Scoring Matrix Floridan Aquifer Reverse-Osmosis Floridan Aquifer Blending Seawater Desalination Year-Round Water Conservation Measures eclaimed Water Additional Biscayne Aquifer Withdrawals Criteria Weight Raw Weighted Raw Weighted Raw Weighted Raw Weighted Raw Weighted Raw Weighted Cost 4 2 8 5 20 1 4 5 20 3 12 4 16 Environmental 3 4 12 5 15 3 9 5 15 S 15 4 12 Abilit to Permit 5 5 25 5 25 1 5 5 25 3 15 2 10 Ca acit 3 4 12 1 3 5 15 1 3 4 12 3 9 Lang-Term Benefit 4 4 16 5 20 5 20 3 12 4 16 4 16 PubliGPolitical 3 5 15 3 9 2 6 2 6 4 12 5 15 Abilit to Ex and 4 3 12 1 4 5 20 1 4 4 16 3 12 Com lexit 3 3 9 5 15 2 6 5 15 5 15 5 15 Reliabilit 3 5 15 5 15 5 15 3 9 5 15 4 12 Heallh and Safet 3 4 12 5 15 4 12 5 15 4 12 5' 15 Securit 3 3 9 3 9 3 9 5 15 5 15 5 15 Score 145 150 121 139 155 147 Ranking 4 2 6 5 1 3 Water Reuse Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Their locations are shown on Map # 29. The City. is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. The following table indicates the demand for reclaimed water; credits for replacing ground water; and total potable water demand reduction for the years 2010 through 2030. 12 Reclaimed Water Connection Demand Credit (m d (mgd) 2010 2015 2020 .2025 2030 Atlantic Hi h School 0.11 0.055 0.055 0.055 0.055 0.055 Delra Beach Golf Course 0.65 0.325 0.325 0.325 0.325 0.325 The Hamlet Golf Course 0.45 0.225 0.225 0.225 0.225 0.225 Lakeview Golf Course 0.30 0.15 0.15 0.15 0.15 0.15 Del Aire Golf Course 0.65 0.325 0.325 0.325 0.325 0.325 Rainberr Ba HOA 0.57 0 0.285 0.285 0.285 0.285 Countr Manor HOA 0.23 0 0.115 0.115 0.115 0.115 Hi h Point HOA 0.48. 0 0.24 0.24 0.24 0.24 Carver Middle School 0.12 0 0.06 0.06 0.06 0.06 Sherwood Park Golf Course 0.23 0 0.115 0.115 0.115 0.115 Total Reclaimed Demand 3.79 Total credits for replacing Ground water demand 1.08 1.895 1.895 1.895 1.895 Barrier Island North 0.39 0.39 0.39 0.39 0.39 0.39 Barrier Island South 0.45 0.45 0.45 0.45 0.45 Total Potable Demand Reduction 0.39 0.84 0.84 0.84 0.84 Notes: 1. Reclaimed water demand values are average day flows and not peak flows. 2. Credit for replacing ground water demand with reclaimed water is assumed at a 50% avg. Potable water demand projections, credits for the use of reclaimed water and the total excess/deficit for the years 2010 through 2030 are given in the following table. Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Po ulation 69,335 74,504 81,114 82,233 82,556 Per Ca ita Use d 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 0.39 0.84' 0.84 0.84 0.84 Total Excess/Deficit 3.83 3.85 2.27 2.00 1.92 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. 13 a ~ ~~ .ate `d"~ ~a~-A.r $ ;~Ry.57d~ { ~. § f^5~~~f !-~~ ~ ~ .~ ~,~ x ~ _~~ - M ,~- ri ~ •, ---s- ~ t, s , ° ~ i 4~ ~ `til ° ~~ l r f ~ ~o ~ ~ 3 l ~ ,,.,~." ~?-~ .~., ~ ~ ~1~ ' 1 ~ ~ r~~a f ~ ; ~. ~l F ~ € ~ : J ~ ._ x. °-y" fur ~ ~,~«-~ t _'` i ~} - .,~ ;~ ti: ,, ~ ~.''. i~ t ~ r ~}~ ., _ _ - i ~~ 1 ~ ~ ~ i _ t ~ _ t~' i i ¢~ -T t 1 ~-3_ t'~. -~ ~ ° ~ _ i, ._, ~ ~ 7,_._ _ ~ i ~~ ~~ ~,~" ~ ~~ ..~. f ~ ~ i i ~d 4 ~' ~? ~ _ EEC _ _ ; a r ~' ~r` ~ .. -~ i a _ ~~ ~! ,~ } Fir-- ~ ~- ~~--~, f1 (, i ~ f ~ }a ~ 1 ~ ~~ .s ~""E"'°' '. ~ ~ a •~~ ~ 3~ a a ~~ ~ ~ R. - •r t ~ ` i~' i l~ s` -~ ~ ~ f ~.lr 3 ' ~ `~t ,,~ ' ~ ' ~~ ' ~ [ a x ~. ~~ t (~ 3 r ~ € ~s ~,` ~ ~ ~ # ~ ' 1 s ' t ~~~ ~ ~ ~ ~ r ~, ~m . 1 ~ ~ ~~~ ~ ;,~.. e • r k ~ ~ :_ ~- t .~ r'1~~ ~ ~ •. _* ~ yam, ~~ ~' ~"1 _ r ^- -~ t __ _. ~,_ ._..~ .Y}~ ~ -_. - 1 -. ~ ; ~ _ v.t ~. - __ ~' ~ ~~~~ er t 3 "1 {/ ! ~ ~_ I ~ I Fib AA 11 E ~ .. ~ ~ Logend y. r ~ ~ ~- J"~` _ ~ ~. mww'~~f~'£" d ~".,~u~«.. ~4 ~ ~ ~ i I f > ` '"B w.E~.R' I 0 0..25 0.5 1 1.5 _. __ _ Miles Reclaimed Water Service Areas . Map # 29 14 Implementation Capital improvements for the phased construction of the reclaimed water transmission system to provide reclaimed water for the irrigation of golf courses, schools, parks and residential customers are contained in Table RW-CIP in the Capital Improvement Element. The table indicates that the improvements necessary to meet the demands indicated in this Work Plan will be in place by FY 2012/13. Conclusion Through the use of reclaimed water, the potable water demand projections contained in this sub-element indicate that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. 15 COMPREHENSIVE PLAN AMENDMENT 08-WSP1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Table RW-CIP ;' Reclaimed Water Capital Improvement Schedule ~! SD #2 ~ J TABLE RW-CIP -RECLAIMED WATER CAPITAL IMPROVEMENT SCHEDULE City of Delray Beach CAPITAL IMPROVEMENT PROJECT D ETAIL 2009 - 2013 Department/Division• EsD/Administration New Project[ ] Ezlsting Project [% PfOJeCt Title: Reclaimed Water Transmission System Project start Date: Project End Date: PfOjeCt LOCatlOtl: Various alignments throughout th e City Project Number Project Description/Justification Project Drawing, Photo, Design, Map Phased construction of a reclaimed water transmission system to provide reclaimed water for irrigation to golf courses, schools, parks and residential customers. N ]' UM/U`l- NOrln Ifa rncr Island Allantu' Ace lU lfeaett Ur1Area i IAJ. (t:ngulCenng ut V//O8; Cnnsrn:crion discmurreA by $470,000 residunj rdllnrer from Ared 4 project) FY 09/10 -North Barrier Island Beach llr. to George Ifush Bivd.(Area 11B). 1'Y ]0/ll -South Barrier Island Atlantic Ave to Casuarina (Area 12A) 1'Y ll/]2 - Saulh Barrier Island Casuarina to Linton Blvd (Area 128) hY 12/13 - Rainben•y Bay, high Point (Area 6) (Area 7) Exlstlng Project Update: Areas 1, 2, 3 and 4lransmissiat mains Il•dm the Reclaimed Water Master Plan are complete. rairu•ays df Delray, Clearbrook Atlantic HS connections complete. Ex enses FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total Land Acquisition 0 Engineering/Architect Design/Preliminary Study ]20,000 235,000 235,000 232,7110 822,700 Construction/Buildings/Other Improvements 2,100,000 1,184,294 2,115,000 2,115,000 2,095,183 9,609,477 Equipment 0 Inspections Fees/Other Fees/Costs 0 Public Arts Pro ram/Contin enc 0 TOTAL 2,100,000 1,304,294 2,350,000 2,350,000 2,327,883 10;432,177. Revenues FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total Cash ("Pay as you go") 1,600,000 1,054,294 1,880,000 1,880,000 2,282,883 8,697,177 Grants (Federal, State,County)• 500,000 250,000 470,000 470,000 45,000 1,735,000 Special Revenue Funds 0 Assessment District•Special Funding ~ Bond/Bank Financin /Other 0 TOTAL 2,100,000 1,304,294 2,350,000 2,350,000 2,327,883 10,432,177 Im act to O eratin FY OS-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total Personnel 0 Maintenance/Other Operating 0 Capital Outlay 0 Revenues 0 Net Pro acted Im act on O orations 0 0 0 0 0 0 'The Cash portion of the funding for this project is from the Water and Sewer New Capital Fund (Fund No. 441). If the anticipated grants are not received, the Project Reserve of this fund, which is in excess of the projected grant funding for each respective year of the project, will be used. DEPARTMENT OF COMMUNITY AFFAIRS CITY OF DELRAY BEACH ANIENDNIENT 08RWSP-l OYJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT November 14, 2008 Division of Community Planning This report is prepared pursuant to Rule 9J-1 I.O10, F.A.C. OEJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF DELRAY BEACH P 20POSED COiv1PREHENSIVE PLAN AMENDMENT 08RWSP-I INTRODUC".'ION The follov~ ing objections, recommendations and comments are based upon the Department's review of the City of Delray Beach 08RWSP-1 proposed amendments to their comprehensive flan as summarized below pursuant to Section 163.3184, Florida Statutes (F.S.). This report ~•eviews these proposed amendments against the provisions and requirements of Florida's growth management : aws and rules. The object.ons relate to specific requirements of relevant portions of Chapter 9J-5, Florida ~~dministrative Code (F.A.C.), and Chapter 163, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be snore suitable in specific situations. Some of these objections may have initially been raised by one of the ext:rnal review agencies. If there is a difference between the Department's objection ~~nd the exterr al agency advisory objection, concern, or comment, the Department's objection would take pr.cedence. This report is divided into two parts: Consistency with Chapter 163, F.S. and Consistency with the State Comprehensive Plan, Chapter 187, F.S. In the first part we have listed our objections to the proposed amendments, the statutory and rule authority under which we raise these objectio 1s, and suggested remedies for the City to consider. We have also provided suggested imX rovements to the proposed amendment that are stated as comments. The second section of the report outlines the areas in which the proposed amendments are inconsistent with t:he State Comprehensive Plan. Each of the noted objections must be addressed by the City and corrected when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a detc rmination that the amendment is not in compliance. The Department may have raised an obje~:tion regarding missing data and analysis items, which the local government considers not ;applicable to its amendment. If that is the case, a statement justifying its non- applicabilitypursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a deterrr ination on the non-applicability of the requirement, and if the justification is sulticient, the objection will be considered addressed. The comm< nts that follow the objections and recommendations section are advisory in nature. Comments will not form basis of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, r lapping, and reader comprehension. Appended to the back of the Department's report are the comment letters tiom the other state review agencies and other agencies, organizations and individuals. These comments are advisory to tl~e Department and may not form the basis of Departmental objections unless they appear as obj ~ctions noted in this report. This amendment contains the City's 20-Year Water Supply Facilities Work Plan and revisions to the Public Facilities and Capital Improvements Elements, including the 5-Year Capital [mprovements Schedule. OBJECTIONS, RECOMMENDATIONS, AND COMMENTS I. CONSIS'~ENCY WITH RULE CHAPTER 9J-5, F.A.C., AND CHAPTER 163, F.S. "the Departm~;nt has the following objections, recommendations and comments related to the proposed con ~prehensive plan amendment: A. TEXT A1v1ENDMENTS 1. 20-Year V~~ater Supply Facilities Work Plan and related Public Facilities and Capital Improvement> Element with 5-Year Schedule of Capital Improvements Amendments. a. Objection Water Supply Concurrency-The City has not included a policy to address c:oncurrency f ar water supply as required by Section 163.3180(2)(a), F.S. f~uthority: Section 163.3180(2)(a}, F.S., and Rules 9J-5.013(2)(c)1, F.A.C. Kecommenda:ion: Include a policy to state that prior to approving a building permit or its functional eq~.ivalent, the City will consult with the City Utility Department to determine whether adequate v~•ater supplies to serve the new development will be available no later than the anticipated dare of issuance of a certificate of occupancy or its functional equivalent by the City [see Section l 53.3180(2)(a), F.S.J. b. Objection: The City has not included a policy to update its 20-Year Water Supply Facilities CVork Plan wi :hin 18 months of any update to the South Florida Water iVlanagement District's Lower East C~~ast ReKional 6Vater Supply Plan Update. Authority: Se ~tion 163.3163(13), 163.3177(4)(a), 163.3177(6)(h), F.S., and Rules 9J- 5.013(2)(c)l, ~~nd 9J-5.015(1)(a), F.A.C. Recommendation: Include a policy that specifies the City will coordinate and update the 20- ~C'ear Water Si.pply Facilities Work Plan within 18 months of any future updates to the South Florida Water Management District's Lo1+~er East C'nnst ReKional 6Vater Supply Plcrn ~~'pdute. c. Obiectior : Water Supply Coordination. The Intergovernmental Coordination Element does not include p ~licies with specific programs and activities to ensure ongoing coordination with the local gov~:rnments receiving water from the City (Town of Gulf Stream and unincorporated portions of P;tlm Beach County) regarding water supply planning issues. Authority: S~,ctions 163.3167(13); 163.317704) and (6)(h), F.S.; Rules 9J-5.005(6); 9J-5.015(1), (2), (3)(b)1, ~, 3, (c)1, 3 and 11, F.A.C. Recommendation: Revise the Intergovernmental Coordination Element to include an objective ;and policies t ~ ensure a meaningful process for collaborative planning and intergovernmental coordination, oit a continuous and ongoing basis, on water supply issues between the City and the local govE~rnments it provides water service. Coordination efforts could include sharing of information regarding water supply needs, implementing alternative water supply projects (including reuse and other conservation measures), establishing level of service standards, and :>erving newl~• annexation areas. cj. Ob,~ection: Water Management District Coordination. The City has not included a policy to ensure it will ;,ontinue to coordinate its water supply planning with the South Florida Water Management District by November 15`h each year or that it will coordinate its water supply planning with the SFWMD over the next two years as it goes through the Consumptive Use Permit process. The City has not demonstrated how its water reuse projects will offset further withdrawals from the Surficial Aquifer. ~~uthority: Section 163.3177(4)(a), 163.3177(6)(h)1, F.S., and Rule 9J-5.005(2)(c), 9J- 5.013(2)(c), 91-5.015(1)(a), 9J-S.Ol6(I) and (2)(e), F.A.C. Itecommenda:ion: Revise the Intergovernmental Coordination Element policies to address the (:ity's on-going annual coordination of its needed water supply projects with the SFWMD by November 15'h each year and to ensure coordination with the SFWMD over the next two years regarding the •enewal of the City's Consumptive Use Permit. Include data and analysis to demonstrate hew the City's water reuse projects will offset further withdrawals from the Surficial Aquifer. e. Objection: The Capital Improvements Table RW-CIP, 5-Year Capital Improvements Schedule utili::es grant funding for projects included in the first three years but does not indicate that the grants listed for these projects are committed sources of revenue as required in order to be financially Feasible. There was no data and analysis indicating that the City has received the grants. Authority: Se~aions 163.3161(32) and 163.3177(2) and (3)(b)1, F.S., and Rule 9J-5.0055(1)(b) and 9J-5.0160 )(a), F.A.C. Recommendat on: Include a description of the grants and indicate whether the City has received the approved grants. If the grants have not been received, then the grant projects cannot be included in the first three years of the Five-Year Schedule of Capital Improvements as committed funding sources. For years four and five, grant funding may be listed as planned revenue sour~:es. f. Objection: ~~he City has not proposed any changes to its Conservation Element as a result of the 20-Year Water Supply Facilities Work Plan and there is no Conservation Element policy to indicate the C ity will continue to utilize its existing water conservation measures such as the landscaping, hate Building Code requirements for low-tlow plumbing fixtures, water conservation sate structure, water reuse requirements for irrigation, an education program regarding wa~ er conservation techniques and devices, develop leak detection and a meter testing rind repair program, or to integrate the City's existing emergency water shortage rules. The City I~as not included policies to implement the conservation measures that can be implemented immediately ~~r included policies outlining the specific programs and activities it will undertake to implement those conservation measures that will take more time to implement. ~~uthority: Sections 163.3162(13), 163.3177(4)(a), 163.3177(6)(c) and (d), F.S.; Rules 9J- :i.005(6); 9J-`~.011(2)(b), and Rule 9J-5.013(2)(c)1, F.A.C. Recommend;~tion: Include new policies to implement a water conservation programs that the '['own can implement immediately and include policies with specific program and activities to unsure the im ~lementation of those conservation measures that will take more time to implement. lI. CONSIS'T'ENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendments DCA # 08RWSP-1 regarding the Water Supply Work Plan and related text changes to the Public Facilities and Capital Improvements Elements, including the 5- Year Capital lmprovements Schedule, are not consistent with the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes. Goal 7 (a) (Water Resources), Policy (b)3. Encourage the development of local and regional water supplies within water management districts. (Applies to all Objections); Policy (b)5. Ensure that new development is compatible with existing local and regional water supplies. (Applies to all Objections}; Policy (b)11. Promote water conservation as an integral part of water management prc grams as well as the use and reuse of water of the lowest acceptable quality for the purposes intended. (Applies to all Objections); and Po. icy (b)13. Identify and develop alternative methods of wastewater treatment, dis ~osal, and reuse of wastewater to reduce degradation of water resources. (Applies to <<ll Objections). Goal 15 (a) (Land Use), Policy (b) 6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity; the availability of land, water, anc other natural resources to meet demands (:applies to ali Objections); 4 Goal 17 la) (Public Facilities), Policy (b)7. Encourage the development, use, and cc ordination of capital improvement plans by all levels of government. (Applies to all O ejections). Goal 25 (a) (Plan Implementation), Policy (b)7. Ensure that local plans implement and accurately ret7ect state goals and policies (Applies to all Objections). Recommends lion: By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. 5 NQTiCE OF PUBLIC HEARING N E 0 ~. 0 0 0 N m N d E 0 T lQ -a a a fN z U fQ m ~~ g 0 U 0 m NQTICE QF CQMPREHENSiVE PLAN CHANGE CITY aF DELRAY BEACH, FLORIDA The City Commission will consider the following ordinance: ORDINANCE N0.37-0$ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-WSP1, TO PROVIDE FORA 20 YEAR WATER SUPPLY FACILITIES WORK PLAN, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPRE- HENSIVE PLANNING AND LAND DEVELOPMENT REGULA- TION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243; INCLUSIVE; ALL AS MORE PARTICU- LARLYDESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHEN- SIVE PLAN AMENDMENT 2008-WSP1"AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The proposed TEXT AMENDMENT to the Comprehensive Ptan is to incorporate a 20•Year Water Supply Fac+lities Work Plan. The City Commission will conduct a Public Hearing for the purpose of accepting public testimony regarding the adoption of Compre- hensive Pian Amendment 2DD8-WSP1 on TUESDAY, DECEM- BER 9, 2008 AT 7:00 P.M. {or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hail, 100 N.W. 1st Avenue, Delray Beach, Florida. AIJ interested parties are invited to attend the public hearing and comment upon the Comprehensive Plan amendment or submit their comments in writing to the Planning and Zoning Department. Further information concerning the proposed amendment can be obtained from the Planning and Zoning Department, City Hatl 1DD NW 1st Avenue, FL 33444 {e-mail at pzmail@mydeiraybeach.com) or by calling Ron Hoggard, Principal Planner at 5611243-7040, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter consid- ered atthis hearing, such person will need a record of the proceed- ings, and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare such record pursuant to F. S. 286.0105. CITY OF DELRAY BEACH Chevelie D. Nubin, CMC City Clerk Published: Boca RatonlDelray Beach News December 2, 2008 CC' ~~~