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08-17-10 Regular Meeting
City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings TuesdaX, August 17, 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. APPROVAL OF MINUTES: A. August 2, 2010 -Workshop Meeting B. August 3, 2010 -Regular Meeting G. PROCLAMATIONS: A. Fire Fighter Appreciation Month -August 2010 7. PRESENTATIONS: A. Presentation of an American Flag to the City -Officer Ryan Lowry 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 41-10: Approve Resolution No. 41-10 to support the application fora 2011 Distinctive Destination designation. B. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr. William Morse, Chamber of Commerce Representative; Ms. Veronica Covington, Community Redevelopment Agency Representative; and Mr. Fran Marincola and Ms. Diane Franco, Downtown Development Authority Representative and Alternate Representative, respectively, for terms ending July 31, 2012. C. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT AND APPROVAL OF A NEW AGREEMENT: Rescind the old Downtown Marketing Cooperative Agreement dated June 1, 2010 and approve a new Downtown Marketing Cooperative Agreement, subject to approval by the respective Boards of the Downtown Marketing Cooperative members. D. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION: Approve a request for city support and assistance for the 5th Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. E. RESOLUTION NO 42-10/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 42-10, an amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013. 08/17/2010 -2- F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI/SUB RECIPIENT FUNDING AGREEMENT/NICO OF DELRAY BEACH, INC.: Authorize execution of asub-recipient funding agreement with NICO of Delray Beach, Inc., under the CDBG program for FY 2009-2010. Funding is available from 118-1966- 554-83.01 (Neighborhood Services/Other Grants and Aids). G. SPECIAL EVENT REOUEST/16th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 16th Annual Downtown Dekay Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 2 and October 3, 2010 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.G(F) for use of NE 4th Avenue from Atlantic Avenue to NE 1st Street and from Atlantic Avenue to SE 1st Street to utilize the north end of the Hand's Parking Lot for vendor parking and to provide staff support for traffic control, security and fire inspection services. H. AGREEMENT/DANVERS CONSULTATION AND RESEARCH FIRM: Consider approval of a modification to the agreement between the city and Danvers Consultation and Research Firm for performance of a citywide street light audit. SPECIAL EVENT REOUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to be held on October 21, 2010 from G:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.F.. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative. FY 2011 TENNIS RATES/TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. It. FY 2011 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed maximum rates for the Lakeview Golf Course. L. FY 2011 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. M. AMENDMENT NO. 1/MIRACLE LEAGUE FIELD: Approve a change to the previously approved Amendment No. 1 to the Agreement between the City and Palm Beach County for the Miracle League Field to provide a time extension to October 31, 2010. N. AMENDMENT NO 1/SUNGARD PUBLIC SECTOR, INC.: Approve Amendment No. 1 to the Agreement (language revisions) with SunGard Public Sector, Inc. for the Public Safety Software System. 08/17/2010 -3- O. LETTER OF SUPPORT/PACE PROGRAM: Authorize the mayor to execute a letter supporting the Property Assessed Clean Energy (PACE) program. P. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE. DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $17,202.25 subject to availability of funds. Q. SUB RECIPIENT AGREEMENT/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve aSub-recipient Agreement for the Fire-Rescue Department with the Florida Department of Financial Services; and accept the 2009- 2010 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $72,545.00 for equipment, maintenance of equipment, and training courses related to Homeland Security. R. TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY II (TIGER II) GRANT: Authorize staff to submit a Transportation Investment Generating Economic Recovery II (i'IGER II) grant application, and for the Mayor to a silm letter indicating that the City will abide by Federal wage rates. S. MEMORANDUM OF AGREEMENT/AREA AGENCY ON AGING/PALM BEACH TREASURE COAST, INC.: Approve and authorize the Mayor to execute a Memorandum of Agreement for the City to partner with the Area Agency on Aging/Palm Beach Treasure Coast, Inc. for the Senior Immunization Outreach Project. T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 2, 2010 through August 13, 2010. U. AWARD OF BIDS AND CONTRACTS: Purchase award to Fast-Dry Courts in the total amount of $65,760.00 for court maintenance, fence installation, fence repair; and the purchase and installation of two (2) portable canopies for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Club. Funding is available from 001-4215-575-63.90 (General Fund/ Tennis Center/Other Improvements) and 334-4145-572-46.90 (General Construction Fund/Tennis Center/Other Repair & Maintenance Costs). 2. Contract award to Chaz Equipment Company in the amount of $564,985.00 for the construction of SW 12th Avenue Alleys -Phase 1 (Project #2007-013). Funding is available from 334-3162-541-68.49 for $400,485.00 (General Construction Fund/Other Improvement/12th/Auburn Alley Improvements) and 448-5461-538-68.38 for $164,500.00 (Other Improvements/SW 12 Avenue Phase 1 Alley). 3. Purchase award to Dell in the amount of $63,189.25 for additional disk storage space for the City's data network. Funding is available from 334-6111-519- 64.11 (Machinery Equipment/Computer Equipment). 08/17/2010 -4- 4. Purchase award to PC Mall Gov in the amount of $17,596.86 for Catalyst 2960 switch replacements with required cables as part of the City's cabling and switch upgrade project. Funding is available from 334-3162-545-62.45 (General Construction Fund/Capital Outlay/Data Cabling). 5. Contract award to Brang Construction, Inc. in the amount of $844,890.00 for the construction of Phase 1 of the Martin Luther King, Jr. (MLK) Drive Beautification Project #2004-056. Funding is available from 380-4150-572- 63.28 (Improvements Other/ Pompey Park Community Center) and 334-4141- 572-68.57 (Other Improvement/Cultural Loop/MLK Drive). 6. Purchase award to Channels Innovations Corporation in the amount of $24,983.00 for one (1) Mako Air Compressor for the Fire-Rescue Department. Funding is available from 001-2315-526-64-90 (General Fund/Machinery Equipment/Other Machinery/Equipment). 7. Purchase award to Zoll Medical Corporation in the amount of $33,275.60 for two (2) Zoll Medical Auto Pulse Non-Invasive Cardiac Support Pumps for the Fire-Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 8. Purchase award to 1'rofitStars in the amount of $19,999.00 for RemitPlus software, hardware, license and maintenance fees with annual software license and maintenance fees of $2,660.00 to automate the processing of the City's utility lockbox payments; contingent upon approval by the City Attorney of an agreement with I'rofitStars. Funding is available from 441-5112-536-66.10 (Books Publication/Software), 441-5112-536-64.12 (Machinery Equipment/Office Equipment), 441-5112-536-54.30 (Books/Publications/Subscriptions/Memberships/Training/Education Costs), 441-5112-536-46.90 (Repair & Maintenance Service/Other Repair/Maintenance Cost), and 441-5112-536-49.90 (Other Current Charges). 9. Award of Request for Proposals #2010-10 to Randall L. Wolff, M.D. in the annual amount of $26,850.00 for EMS Medical Director for the Delray Beach Fire Rescue Department. Funding is available from 001-2315-526-31.90 (General Fund/Other Professional Services). 9. REGULAR AGENDA: A. FISCAL YEAR 2011-2015 CAPITAL IMPROVEMENT PROGRAM (CIP) PRESENTATION B. GENERAL. FUND FEE REVIEW: Review and consider changes to various departmental fees. 08/17/2010 -5- C. SPECIAL EVENT PERMIT REQUEST/DADA'S TENTH ANNIVERSARY: Consider a special event permit request for DaDa's 10`h Anniversary to be held September 4, 2010 from 4:00 p.m. to 2:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use and closure of NW 1" Street from Swinton to NW 1" Avenue, to approve staff support for security, barricading, cleanup; and approve set up and use of the large city stage; contingent upon the conditions listed in the staff report. D. MOTION TO VACATE: Consider authorizing the City Attorney's Office to file a Motion to Vacate the arbitration award in the Michael Brown arbitration matter to the Fifteenth Judicial Circuit. E. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint four (4) regular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1). F. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint five (5) regular members to the Site Plan Review & Appearance Board to serve two (2) year terms ending August 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). G. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four (4) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Scat #3) and Commissioner Gray (Seat #4). H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members to the Board of Adjustment to serve two (2) year terms ending August 31, 2012. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the F,ducation Board to Berne a two year term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 08/17/2010 -6- 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2011 PROPOSED BUDGET: I'he City Commission will hear public comments, if any, regarding the FY 2011 Proposed Budget at this time. B. ORDINANCE NO. 12-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy". C. ORDINANCE NO 17-10• (FIRST READING/TRANSMITAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2010-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2010-1 and associated Future Land Use Map (PLUM) amendments, and authorize transmittal to the State Department of Community Affairs. r1. Text Amendments: ~. City-initiated: Capital Improvement Element -Update the City's Five- Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. ii. City-initiated: Capital Improvement Element - Update the City's Reclaimed Water Capital Improvement Schedule (Table RW-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. iii. City-initiated: Capital Improvement Element -Update the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2010-FY2014 Capital Improvements Program. iv. City-initiated: Conservation Element -Modification of Policy E-1.1, dealing with the Green Task Force, to reflect new name (Green Implementation Advancement Board) and new Board purpose. v. City-initiated: Future Land Use Element -Modification of Policy A-1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FY11/12. vi. City-initiated: Future Land Use Element -Modification of Policy A-1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District from l~'08/09 to FY10/11. vii. City-initiated: Future Land Use Element -Modification of Policy A-1.11 to extend the time to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10/11. 08/17/2010 -7- viii. City-initiated: Future Land Use Element -Modification of Policy A-2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08/09 to FY11/12. ix. City-initiated: Future Land Use Element -Modification of Policy C-1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10/11. x. City-initiated: Future Land Use Element -Modification of Policy C-1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08/09 to FY10/11. xi. City-initiated: Future Land Use Element -Modification of Policy C-1.13 to extend the tune frame for completion of a Redevelopment Plan for Linton Boulevard, from I-95 to Federal Highway, from FY08/09 to FY10/11. xu. Privately-initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of SW 4th Avenue. xiii. City-initiated: Housing Element -Deletion of Policy B-3.3 (Completed). xiv. City-initiated: Transportation Element -Modification of Policy r1-1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10/11. xv. City-initiated: Transportation Element -Modification of Objective A-8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08/09 to FY10/11. xvi. City-initiated: Transportation Element -Modification of Policy D-2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09/10 to FY11/12. xvii. City-initiated: Transportation Element -Modification of Policy D-3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09/10 to FY10/11. 08/17/2010 -8- xviii. City-initiated: Transportation Element -Modification of Policy D-3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station from FY08/09 to FY10/11. xix. City-initiated: Capital Improvement Element -Update the General Fund Revenue and Expenditure 5-Year Forecast Table. xx. City-initiated: Capital Improvement Element -Update the Pledgeable Revenue Matrix Table. xxi. City initiated: Capital Improvement Element - Update the Debt Summary Table. xxii. Privately initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for Waterford located east of I-95, south of Linton Boulevard. B. Future Land Use Map Amendments: i. City initiated Future Land Use Map amendment from County Commercial High with an underlying residential of 8 units per acre (CH/8) to City GC (General Commercial), for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. ii. Future Land Use Map amendment County Medium Density Residential 5 units per acre (MR-5) to City LD (Low Density Residential 0-5 du/ac) for Lots 5 thru 7, Breezy Acres subdivision, located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. iii. Privately initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for Lintoo Development, located at the northwest corner of Linton Boulevard and SW 4`h Avenue. iv. Privately initiated Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) fora 4.58 acre parcel located within Waterford, east of I-95, south of Linton Boulevard. 08/17/2010 -9- D. ORDINANCE NO 23-10 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", Subsection (KKK) to enact regulations for I.,ive/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". If passed, a second reading second public hearing will be held on September 7, 2010. E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED AMENDMENT TO YEAR 4/ FY 2008-2009 ACTION PLAN: Consider approval of the CDBG Proposed Amendment to Year 4 for FY 2008-2009 Action Plan as required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 27-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (I.DR) to revise the definition of "Pharmacy". If passed, a public hearing will be held on September 7, 2010. B. ORDINANCE NO. 26-10: An ordinance amending Chapter 34, "Elections", of the Code of Ordinances, by amending Sections 34.16 and 34.17 to increase the fee for filing petitions from $25 to $50. If passed, a public hearing will be held on September 7, 2010. C. ORDINANCE NO. 28-10: An ordinance amending Chapter 101, "Parks, Beaches and Recreation", by amending Section 101.35(F), "Storing Boats", to modify the rate structure for storing sailboats on the beach. If passed, a public hearing will be held on September 7, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 13, 2010 08/17/2010 - 10 - WORKSHOP MEETING AUGUST 2, 2010 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, August 2, 2010. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Item. WORKSHOP MEETING AGENDA 1. FY 2011 BUDGET Mr. David T. Harden, City Manager, stated he would like to give an update of the presentation he provided last month on the FY 2011 Budget and where we are at this point. He stated at the millage rate of 7.19, we get $91,146,000. He discussed the rollback rate, 8.133, which is the millage that gives you the same revenue as last pear. He stated the maximum majority vote rate is the rate that you can set that includes a growth factor, and this would be $99,000,000. The super majority vote rate is 9.43. He stated 1/10 of a mil equals $595,000.00. Mr. Harden discussed the budget requests from departments, grants and aids, transfers and debt service, etc. He stated debt service is totally inflexible. In his reviews, he has cut $2,185,000.00. He stated the amount needed at 7.19 mils to balance the budget is $6,759,000.00. He stated to get this amount it will have to come from personnel services. Mr. Harden outlined updated recommended cuts that it would take to balance the budget at 7.19 mils via PowerPoint presentation. He recommends two-tenths of mil increase in the millage rate to 7.39. He stated the city's tax roll went down 13.7%; and with the two tenths of a mil increase (2.8%), an overwhelming majority of our taxpayers will still see a substantial drop in their property taxes. Staff believes we can increase our revenue estimates from other sources specifically our Emergency Medical Services (EMS) transport. He mentioned additional line item cuts in the amount of $443,000.00 which bring the total cuts to $6,759,000.00 with no layoffs or furloughs. He stated with all of the changes we can have a balanced budget with a relatively small millage increase and not have furloughs or layoffs. He stated going forward we have some negotiation to do and issues to work out. Mr. Harden suggested, for the proposed millage rate, Commission go four tenths above the current millage rate (5.5%). Staff will continue to work on getting all of the unknowns resolved and work on bringing the budget in at the 7.39 rate or possibly even less. Mrs. Gray thanked Mr. Harden, staff and FRB for their recommendations. She stated she likes what Mr. Harden has presented. She is okay with furlough days; and thinks that we have to decide which way we are going to go in order to maintain the quality of services for our city and we may have to look at some sort of increase to the millage. Mrs. Gray commented that it is going to be tough and everyone is going to have to participate in this. She is okay with increasing the millage a little bit along with looking at the reserves. Mr. Harden stated he has tried to avoid in working on the budget what he calls "Death by 1,000 cut.'. He feels long term if you keep doing that, functions shrivel up to where they are not effective, it is better to eliminate some functions and try to keep the ones you have so that they can perform services in a robust manner. Mayor McDuffie discussed going through line items last year making cuts. He feels this year there is a much better approach to this. He thanked everyone from several different departments, FRB and stated everyone has brought great ideas to the table. He stated we need to keep in mind that we have level of service expectations from our citizens. Mayor McDuffie stated last year's cuts were essentially invisible to the public. He feels staff has taken a wiser step to doing things this year so that we can take substantial cuts without seeing it reflected in the delivery of services to residents in the community. He stated we are either the largest or second largest employer in this city and we are all in this together. As far as reserves, he is okay with reaching into reserves, with the caveat that it is not for reoccurring expenses. He stated we will work as hard as we can for this community and employees in this city to be as fair to everyone as we possibly can. Mr. Harden stated there are two other things he would like to mention: we have had interest from a few employees regarding voluntary furloughs which would be a one-time thing and this would be money saved for this year; and he stated he would not offer early retirement to Police and Fire because pension costs for them have gotten so high, the savings is not there; however, we could offer general employees an early retirement option and if commission is acceptable to this we could make this available and this may free up positions that we would not have to fill or we could fill at a lower rate of pay. Mr. Frankel asked if this would have an effect on the pension in future years. Mr. Harden explained the pension reductions. Mr. Eliopoulos commented about the four day work week without reducing actual hours. He would like to know what our savings would be if we went to a four (4) day work week. Discussion continued between Commission and Mr. Harden regarding the work week, furloughs, parking meters and the city's fees in general. Mr. Fetzer stated regarding reserves, many years ago the Commission set a strategic goal to keep our reserve level at 15-25% of our budget. He does not what to do anything that backs us out of that strategic plan. He is not sure we will be able to rely on reserves to solve our budget problems. He commented that we do not want to be a city that puts ourselves in jeopardy. Mr. Fetzer feels Commission has to look a lot deeper than that and commented on furloughs versus layoffs. He stated Commission needs to give the City Manager the authority to make the decision regarding layoffs. He stated furloughs bother him if we do that across the board because that will be an employee morale issue and results in less service for our community; maybe a combination of eliminating some positions that we can eliminate and furloughs may be the solution. August 2, 2010 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, August 2, 2010, which Minutes were formally approved and adopted by the City Commission on August 17, 2010. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. August 2, 2010 AUGUST 3, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 3, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Matthew Mitchell with Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.B., Initiation of Comprehensive Plan Amendment 2010-1 be moved to the Regular Agenda as Item 9.A.A. and Item 8.I.A(f), Review of Appealable Land Development Board Actions be moved to the Regular Agenda as Item 9.A.A.A. Also, Mr. Eliopoulos requested that Item 8.I.C. be moved to the Regular Agenda as Item 9.A.A.A.A. and Item 8.J.1., Award of Bids and Contracts be moved to the Regular Agenda as Item 9.A.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of July 13, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 08/03/10 RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 40-10 is on file in the City Clerk's office.) 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/ MANCIL'S TRACTOR SERVICE, INC.: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of a $13,286.59 decrease and final payment in the amount of $1,042.20 to Mancil's Tractor Service, Inc., for completion of the Barwick Road Sidewalk Project #2009-033. Funding is available from 334-3162-541-63.11 (General Construction Fund: Improvement Buildings-Bikepaths-Sidewalks). 8.E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant awards for projects located at 336 S.W. 8th Avenue to CJ Contracting, LLC, in the amount of $20,931.55 and 303 S.W. 2nd Avenue to David Thyng, LLC, in the amount of $32,987.10, the lowest responsive bidders, for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 8.F. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Accept the Downtown Development Authority's proposed millage rate for FY 2011. 8.G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/SHARED USE OF COUNTY FIBER NETWORK: Approve an Interlocal Agreement between the City and Palm Beach County for shared use of the County's Fiber Network. Funding to be available in the FY 2010-11 budget. 8.H. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Approve a special event request for the Summer Nights on the Avenue to be held from 7:00 p.m. to 10:00 p.m. on September 3, 2010; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of AlA from south of Atlantic Avenue to the southern boundary of Boston's on the Beach and approve staff support for security, traffic control and barricading. 8.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. AND ITEM 9.A.A.A.A. 8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 08/03/10 Victor Majtenyi, Deputy Director of Public Utilities, stated this is a contract award to Danvers Consultation and Research for performing a street light audit. This enables identification of any incorrect data used by FPL in the billing process and resulting quantification of credits due the city. It also provides the City with detailed records of all street light assets for future use which can be maintained and updated as facilities are added. The proposal for a citywide street light system audit and cost analysis is $30,000.00. Mr. Eliopoulos expressed concern that this is the only firm that the City contacted to do this and why did the City not go out to bid for this. The City Manager stated we are not aware of other companies that do this but staff can put out an RFP (Request for Proposal) if the Commission wishes to do so. The City Manager stated the initial proposal was to do it for 33% funds recovered. Mr. Eliopoulos suggested tabling this item and discussing it at a Workshop because he needs more information from staff before voting on this. Mike Danvers, owner of Danvers Consultation & Research Firms 2938 Hope Valley Street #105, West Palm Beach, FL 33411, stated they have been working with them since 2005 and FPL has been overcharging all the cities that their firm has done. Mr. Danvers stated they are the sole source and the other cities have been piggybacking off the other cities and that is why Danvers Consultation & Research Firm has been allowed to do this work without getting it bid out. Mr. Danvers stated it is not only audited and entails different work put together in order to get the results that they have been getting and in order to get the credit back from FPL. Mrs. Gray asked if there has been any city that Danvers Consultation has audited that they have not received a result. Mr. Danvers stated the City of Coral Springs did not move forward. Mrs. Gray asked if this is uncommon to not send this out for an RFP. The City Manager stated the City's general practice is send things out to bid but this is not a type of contract where it is required to do so. The City Manager reiterated that staff is not aware of any other firm that does this type of work but if the Commission wishes to put out an RFP staff can do this. Mr. Eliopoulos stated he believes in the concept of this but would still like to table this item and get staff's full report back to the Commission. Mr. Eliopoulos moved to table Item 9.A.A.A.A.A. (formerly Item 8.J.1.) to the Workshop Meeting of August 10, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 08/03/10 a maintenance plan for this area. Staff recommends approval subject to those five (5) conditions. Michael Weiner & Associates, 10 S.E. ls` Avenue, Delrav Beach, FL 33444, representing the Applicant, gave a brief PowerPoint presentation regarding the project. Mr. Weiner stated this project is the old mobile home park and it includes the executive quarters right next door. Mr. Weiner stated in getting to this point they had to do land use changes and rezoning that ultimately allowed them to be able to step forward with a conditional use for 22 units per acre. Mr. Weiner stated they are now here for a conditional use request and briefly reviewed the site plan for this project. Mr. Weiner stated the Planning and Zoning Board approved the project and they have met the required findings under Chapter 3 of the LDRs and Section 2.4.5(E). Mr. Weiner noted that they are meeting the workforce housing (Section 4.7.9) and will make the appropriate contribution of workforce housing for the units that they will be offering and they will be rental units. Mayor McDuffie asked if this is the trailer park where the City has had the Code Enforcement complaints on the sanitary system (i.e. sewage overflow, etc.) and things such as that in the past. The City Manager stated this is correct. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Aisha Colon, 307 S.E. 12~h Road, Delrav Beach, FL 33483 (Lambert Trailer Court), stated she has lived here for 13 years and noted that she has an easement which is a private road that comes in from Federal Highway back to the homes. In the original plans there were 11 now there only about four left and she owns two lots. She stated this road has been there since 1948 and they cannot abandon the road because it is a private road. Dr Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors at Tierra Verde at Delray Beach and Vice Chairman of the Police Advisory Board), member of the Alliance of Delray Beach Residential Organizations, commented about mixed-use and 36 workforce units and asked if this means low-income government subsidized Section 8 housing. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination. Mr. Weiner gave a brief rebuttal and stated the City's workforce housing is not related to Section 8. Mrs. Gray asked how much the rental units will be. Mr. Weiner stated the rental units will be $900.00 for cone-bedroom. Mrs. Gray asked what the salaries would be for this and whether or not they would be servicing the very low incomes. Mr. Weiner stated they would be in the moderate category and they can service anyone up to the 7 08/03/10 serviced that weekend was very nice. Mrs. Odom stated as the Commission reviews the budget she urged them to consider carefully the backs of the non-profits. Jayne Stroshein-Rousseau, Realtors Association of the Palm Beaches, thanked the Commission for all their hard work and commitment to the community. Ms. Stroshein-Rousseau stated she knows that the Commission does not want to cut anyone but the reality of it is there might have to be some further cuts made. She stated raising the taxes is not the answer and just perpetuates the problem and makes it worse. Ms. Stroshein-Rousseau stated as taxpayers they expect that the elected officials will make those decisions that they elected them to make. She urged the Commission to keep the taxes as low as possible so that we do not have worse problems in the future. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray Beach, FL 33483 (Commercial Realtor), urged the Commission to not increase the millage or taxes in Delray Beach and stated there were several recommendations that were sent to the Commission and the City Manager in the last week by the Financial Review Board (FRB). Ms. Pearce stated if all of the recommendations that the FRB sent were implemented the millage could remain the same. Ms. Pearce stated it is not fair that some employees and departments get raises annually where other employees have received nothing for two years. She stated although the intent not to cut employees is admirable the consequences of this will be that those employees that have not had compensation increases will feel and think that they need to unionize in order to be treated fairly and this is not a message that should be sent to employees. Ms. Pearce stated another consequence will be that the best and the brightest will be lured away by other municipalities or private industry as the economy improves and employers start to hire. She stated property values are not expected to bounce back in the near future so there will be a need to trim again next year. Ms. Pearce stated it is time to cut some staff thereby trimming employees' salaries, pensions, and benefit costs and use some of those savings to compensate some of the valuable employees that have not had increases over the past few years. She stated city residents are still hurting because of unemployment, underemployment, and under compensation. Some downtown projects are failing because of the difficult economy. Ms. Pearce applauds the City for the savings they have achieved over the past two years and stated she would like to see that continue into this year by not raising the millage and cut the expenses where we can. She urged the City Commission to not increase the millage. Robert Brand, retired Police Officer, stated he began his law enforcement career with the City of Delray Beach in 1977 and retired in 2005. Mr. Brand stated the hard work of not only the retirees from the Police Department, the Fire-Rescue Department, and other employees of this city made this city what it is today. He stated when he retired it was not a guarantee but he received a 2% % cola with a maximum of 4% and because of a recent court decision that is probably going to be reduced. Mr. Brand stated now the retirees might lose their VEBA. Mr. Brand stated after he retired the Police and Fire Pension Board agreed to give the people that were still working a 3'/z multiplier. He stated he was in the DROP Plan and was informed he was not entitled to the multiplier because he was already retired and he accepted that. However, Mr. Brand stated he does not feel it is fair today to turn around to retirees that accepted that 08/03/10 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2010-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-10 is on file in the City Clerk's office.) The City Attorney stated staff recommends that Ordinance No. 17-10 be postponed to a date certain of August 17, 2010 at 7:00 p.m. Mr. Eliopoulos moved to postpone Ordinance No. 17-10 to a date certain of August 17, 2010 at 7:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 22-10: An ordinance amending Chapter 51, "Garbage and Trash", of the Code of Ordinances in order to clarify certain terms and to provide consistency between the solid waste franchise agreement and City ordinances. The caption of Ordinance No. 22-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS"; SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH"; SECTION 51.22, "VEGETATIVE WASTE"; SECTION 51.23, "BULK TRASH"; SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES; SECTION 51.70, "REGULAR CHARGES LEVIED"; SECTION 51.71, "PAYMENT AND BILLING"; SECTION 51.77, "UNBILLED PROPERTIES; REMEDIAL MEASURES", TO CLARIFY THE SERVICES AND BILLING PROCEDURES AND TO PROVIDE FOR CONSISTENCY BETWEEN CITY ORDINANCES AND THE FRANCHISE AGREEMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 11 08/03/10 Mr. Fetzer suggested that the Commission table this item tonight until the City can get the public records request to Mr. MacNamee and then try to bring closure to this once that is done. Mrs. Gray stated she thought at the last time they discussed this they had agreed to move forward and close this chapter at this point. Mr. Eliopoulos concurs with comments expressed by Commissioner Gray. The City Manager expressed concern that what the Commission has provided to Mr. MacNamee in response to the public records request will not answer the question; it may, however he is concerned that it may not. Mr. Frankel commented about the public records request and asked if the $177,000.00 deals with monies he feels Waste Management owes that the City Attorney believes are beyond the Statute of Limitations in this matter. The City Attorney stated the $177,000.00 deals more with a missed payment not so much the Statute of Limitations issue. Mr. Frankel stated this was already discussed at the Workshop meeting and feels this is done. Prior to the vote, the City Commission allowed Mr. Butch Carter from Waste Management to speak. Butch Carter, Waste Management, stated they have been through an extended process and he is reserving Waste Management's rights to continue to look back also because there are some other things that Waste Management can look at. Mayor McDuffie stated this has been a job well done and Mr. MacNamee needs to be recognized for being the person who began this. Mayor McDuffie stated it has made the City's accounting system better, has made us much more accurate, and he feels it is time to move ahead with this. Mr. Fetzer moved to table to September 7, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No. Said motion to table was DENIED with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. Mr. Frankel moved to approve the Amendment No. 4/Waste Management Franchise Agreement, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. 13 08/03/10 The caption of Resolution No. 37-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 37-10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this resolution is for the sale and purchase of the West Atlantic Avenue Public Plaza to the City of Delray Beach from the Community Redevelopment Agency (CRA) and as a sub-item to this there will be an Interlocal Agreement that provides that the CRA would retain the right to fund and select an artist to fabricate one art component in the park and that the City would have all future maintenance responsibilities for this park. Mayor McDuffie declared the public hearing open. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray Beach, FL 33483 (Commercial Realtor), stated the CRA wants to give the City another park with no ancillary funding to carry that park forward so therefore it is going to create another onus on the City's budget. Ms. Pearce asked why the CRA does not keep this since it is in their district and they can maintain it. There being no one else from the public who wished to address the Commission regarding Resolution No. 37-10 or the Interlocal Agreement with the Community Redevelopment Agency (CRA), the public hearing was closed. The City Manager stated the City put it in the Clean & Safe request to the CRA and they did approve that request with some funding in it for the maintenance of this park going forward. The City Manager explained that the CRA is helping to fund the future maintenance. IS 08/03/10 Mrs. Gray agrees that the Commission should ask for a proposal. Mr. Frankel stated he feels it needs to be specified that Police and Fire need to be separate. He stated he would be in favor knowing that it is a proposal only. Mr. Frankel stated the City of Tamarac saved $9 million and there are pros and cons both ways. Mr. Frankel stated feels the City of Delray Beach has a financial responsibility to get a report at no cost. Mr. Eliopoulos stated as a citizen of Delray Beach he does not want to see our Police leave. Mr. Eliopoulos stated the proposal is not going to be a long-term proposal not long enough to offset the cost and endure what could be lost in the community. Mr. Fetzer stated he would only consider this if this is a long-term economic decision. Mr. Fetzer stated the City loses its identity by not having its own Police and Fire Department and feels that our Police and Fire Department do an excellent job. Mr. Frankel stated there is a different identity with Police and Fire even though they are both very important. The City Manager stated it would cost $5 million more to taxpayers to give fire services to the County because the City would lose all the revenues it currently receives for our Fire Department (revenues from Highland Beach and Gulf Stream and from EMS transport, hazardous material contract, and inspection fees would all go away because it would all become the County's). Mayor McDuffie commented about the MSTU's (Metropolitan Service Taxing Units) and Fire Rescue is one of the MSTU's so they have a millage rate that they assess. Mayor McDuffie stated if you live in the County or live in one of the cities that have asked Fire to come in and take over; you are paying that MSTU tax. He stated it is published like the City's millage rate so it is easy to go through the Fire Department and calculate that. However, Mayor McDuffie stated Mr. Bradshaw does not bill out through millage rates and noted it's an agreement between the City and the Sheriff's Department. Mayor McDuffie stated he is opposed to giving away our Police Department to somebody else. Mayor McDuffie stated he rides with the Police officers on a regular basis and commended the Community Policing division. He referenced an incident where he rode with the Police Department for the first time and was impressed with the way it was handled. Mayor McDuffie stated the people in the neighborhoods know and trust our Police officers. He stated when you are policing 2,220 square miles instead of 16 square miles something gets lost in that. Mayor McDuffie stated he is willing to ask Sheriff Bradshaw for a quote with service levels but feels it needs to be made long-term (no less than five years). Mayor McDuffie stated the intangible things are going to be the example he gave of the situation in the street at the early hours of the morning on a weekend that he watched the Police officers break up the crowd without touching anyone. He stated Community Policing was started a long time ago in this community and they have proven that it works well and he would hate to lose that. 17 08/03/10 Mr. Frankel respects the City Manager's recommendation but expressed concerns that if he supports the millage rate at the higher number then it will not come down. Mr. Frankel stated he has heard from numerous residents that do not want the millage to go up. Mr. Frankel stated he would like to see the millage kept the same, take money out of the reserves, and go deeper into cuts. Mr. Frankel reiterated that although he respects the City Manager's recommendation he cannot support it. Mr. Fetzer stated he has been an advocate of not increasing the millage rate for a long time. Mr. Fetzer thanked the City Manager for giving the Commission more alternatives to review this time than last year. Mr. Fetzer concurs with comments expressed by Commission Frankel that the Commission needs to be aggressive when they set the cap for the millage rate because then it will be much more difficult to get to that lower level. Mr. Fetzer supports setting the millage at 7.39 with the intent of getting it even lower. Mayor McDuffie stated he supports 7.59 as a preliminary tax rate with the intent of everything trying as hard as they possibly can to get the millage down to 7.19. Mrs. Gray moved to approve the proposed millage rate at 7.59 for Fiscal Year 2011. Motion died to lack of a second. Mr. Eliopoulos moved to approve to set the millage rate at 7.41, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.C. BID AWARD/CONSERV BUILDING, INC.: Consider approval of a bid award to Conserv Building, Inc., third lowest bidder, in the amount of $83,688.00 for a three (3) year maintenance and service contract for HVAC Chiller and Tracer Units located at City Hall and the Library beginning in FY 2010/2011. Funding to be available from 001-1802-512-46.20 (General Fund: Repair and Maintenance Service/Bquipment Maintenance). Victor Majtenyi, Deputy Director of Public Utilities, stated this is an award to Conserv Building Services, Inc. for a three (3) year contract for maintenance and repair for the HVAC Chiller and Tracer Units located at City Hall and the Delray Beach Public Library. Mr. Majtenyi stated the apparent low bidder is Stokes Mechanical Contractor, Inc. He stated within ten (10) days of the bid opening Stokes Mechanical Contractor, Inc. noticed that they made an error and asked that the bid be rescinded. Mr. Majtenyi stated they noticed that there was a $6,000.00 discrepancy and one of the contract requirements in the bid was that the contractor has five (5) years experience. The second lowest bidder Stokes Cooling and Heating, Inc. has been in business for less than five (5) years and therefore they were disqualified on that basis. Staff recommends awarding the bid to the third lowest bidder, Conserv Building Services. 19 08/03/10 The City Attorney stated staff and along with the City's third party adjuster recommends to settle this claim in the amount of $17,500.00 and prior to disbursing the funds that the City would attain the appropriate releases from the plaintiff. Mr. Eliopoulos moved to approve the settlement offer in the amount of $17,500.00 subject to the appropriate releases, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT OF OUTSIDE COUNSEL/DAVID RICKS v. CITY OF DELRAY BEACH: Consider approval to appoint Carson & Adkins, P.A. as outside counsel in the case of David Ricks v. City of Delray Beach at the rate of $215.00 per hour. The City Attorney stated staff recommends appointing Carson & Adkin, P.A. as outside counsel to represent the City in this case. He stated in this particular case there have been some issues raised in the complaint that would create a potential conflict of interest with the City Attorney's office and this is the reason staff recommends appointing outside labor counsel. Mr. Frankel stated he does not have a problem with outside counsel because knowing what is going on it is definitely appropriate. However, Mr. Frankel expressed concern over hiring Mr. Carson because he is a Tallahassee attorney. Mr. Frankel stated the quote of $215.00 per hour is probably fair; the City is paying for travel expenses, hotel, and trips down to the Circuit Court of Palm Beach County. Mr. Frankel asked why the City of Delray Beach does not have a local firm somewhere in South Florida for this. The City Attorney stated the City has always used Carson & Adkins, P.A. as its labor counsel. The City Attorney stated he has had conversations with Lucy Turner who is the attorney handling this on behalf of the City and suggested that the City do telephonic hearings and noted there is a hearing tomorrow that she is appearing for by telephone. The City Attorney stated he is trying to make sure that there will not be the minimal amount of travel if travel needs to be involved. Mr. Frankel stated it is much easier for a Palm Beach County attorney to get things done in Palm Beach County like it is much better for a Broward attorney to do things in Broward as in every other county. Therefore, Mr. Frankel stated it is prudent for the City of Delray Beach to find local attorneys who specialize in labor, etc. The City Attorney stated this not where the City received a claim and then the City would have six months in order to make a determination before they would file suit and then we could go along the progression while we are planning ahead to see if we think we might have to go to outside counsel then we could have outside counsel lined up at that time. The City Attorney stated this was something where it was served and we had a matter of days in order to respond because they were seeking injunctive relief immediately as well as declaratory judgment and that is the reason it is in front of the Court so quickly now. 21 08/03/10 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting Dr. Kirson had expressed concern about the redevelopment of Carver Estates. The master plan for the redevelopment of the 18-acres currently owned by the Delray Beach Housing Authority was done through a public partnership process. The City Manager stated the Delray Beach Housing Authority had a mini charrette where citizen, staff and stakeholders were invited to come voice their opinion on the development of the property. The Delray Beach Housing Authority recently issued an RFP (Request for Proposal) in which they invited developer participation to construct senior apartments, rental apartments and affordable single family homes which were all consistent with the outcome of the charrette that they held. The City Manager stated the Delray Beach Housing Authority believes that the mixed unit development is designed to address the multiple needs of the community. The Housing Authority is in the business to address the needs of very low income to moderate-income households. Secondly, at the last meeting Pauline Moody expressed concern about trash and debris around the 10~' Street underpass under I-95, the City Manager stated this area was cleaned the following day. Furthermore, the City Manager stated there was some concrete in the road that Public Works cleaned up and the trash is cleaned up Monday through Friday by 11:00 a.m. by the City's contractor. He stated the area is mowed and weed wacked weekly and monitored daily by Park Maintenance. Lastly, the City Manager stated Mrs. Finst expressed concern about the gate to the public parking lot at the Marriott Hotel being closed. The City Manager stated the gate is closed at a certain time of the evening as are all of the City's parking lots on the beach. However, that particular lot you can come in the front entrance of the Marriott and park because it is still public parking. The City Manager stated it is just the direct gate entrance is closed. The City Manager stated any parking that the Seagate has that would be available to the public would be for a fee like the Marriott parking lot is but there is no free public parking or public parking at public parking rates. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated the parking lot at the Marriott Hotel that she was referring to is on the west side (Andrews Avenue and Atlantic Avenue) not the lot where you go in and put the parking meter money in but the one on the backside that was supposed to be open to the public. Mrs. Finst stated it was closed at approximately 3:00 p.m. on a Sunday afternoon and recalls this being designated many years ago as public parking. Mr. Eliopoulos stated FDOT was actually going to do turn lanes on Atlantic Avenue and take parallel spaces off Atlantic Avenue when they originally did the Holiday Inn. Mr. Eliopoulos stated this did not happen and therefore it is the hotels parking. 23 08/03/10 stated you cannot choose your Sheriff like you choose the Police Chief and stated these are some of the intangibles to bear in mind. The City Manager stated he will be out of the office tomorrow because he will be attending his brother's funeral in Alabama. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated with regard to the City Manager's comments about our Police Officers going to the Palm Beach County Sheriff's Office, we need to take into consideration the financial impact of the intangibles. Mr. Fetzer stated the Commission has a fiduciary responsibility to look at it and would like to know the financial facts of what we are dealing with. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated tonight the Commission was signing off on a final change order for the sidewalk on Barwick Road and he received a telephone call yesterday from a woman who was complaining about having to pull into the entrance of her development because of the way the sidewalk ended. Secondly, Mr. Eliopoulos stated another concern expressed by this same caller is that the valet stations appear to be expanding. The City Manager stated the Clean and Safe Officers will look into this. 13.C.3. Mrs. Gray Mrs. Gray stated she heard that Family Fun Day would not be held this weekend and that the event has been rescheduled. She asked if staff could look into this. 13.C.4. Mr. Frankel Mr. Frankel concurs with comments expressed by Commissioner Eliopoulos regarding Mr. Ken MacNamee and feels he deserves to be recognized. Secondly, Mr. Frankel stated he was happy to see the agenda for the Office Depot backpack giveaway tomorrow. 25 08/03/10 27 08/03/10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR NEW CENTURY COURTYARDS AT DELRAY BEACH TO ALLOW A RESIDENTIAL DENSITY OF UP TO 22 DWELLING UNITS PER ACRE FOR A PROPOSED MIXED USE DEVELOPMENT LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY 1. This conditional use request has come before the City Commission on August 3, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request to allow increased density of up to 22 dwelling units per acre far New Century Courtyards. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and Il. 1. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes / No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes / No Board Order for Item 9.A hereto as Exhibit "A". The City Commission hereby adopts this Order this 3rd day of August 2010, by a vote of 5 in favor and 0 opposed. AT-f'EST: Chevelle Nubin City Clerk Board Order for Item 9.A 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-F1RSTNRME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMnTEE Elio oulos Ga Delra Beach Ci Commisssion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSiQN, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH I SERVE IS A UNIT OF: HER LOCAL AGENCY ^ . , OT ~CnY ^ COUNTY ~ CnY C~M Delra Beach, Florida 33444 Palm Beach NAME OF POLmCAL SUBDIVISION: Ci of Delra Beach DATE ON WHICH VOTE OCCURRED MY POSfrION IS: $ 3 2U1~ %%7 ELECTIVE ^ APPOINTNE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in whid~ you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive posftlon. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the specal private gain or foss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a °relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-ln-law, and daughter-in-law. A'business assodate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of•the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: !n addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before malting any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the derision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86-EFF. 1/2000 Item $•B. =Item 9.A.A. PAGE 1 FORM 8B MEMORANDUM OF VOTING CONFL[CT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAPAE-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORnY, OR COMMIrf'EE Elio oulos Ga Delra Beach City C~~Gsion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2U5 GeOr a Bush SOUlevard - WHICH I SERVE IS A UNIT OF: COUNTY ~CnY ^ COUNTY ^ OTHER LOCAL AGENCY CITY Delra Beach, Florida 33444 Palm Beach NAME of PoLmcAL suaDlwsloN: Beach t;i of Delra DATE ON WHICH VOTE OCCURRED y MY PosmoN Is: 8 3 2UlU ~] ELECTNE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, dty, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly deperxfing on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpai, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures fo the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Comm(ssioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that gpacity. For purposes of this law, a "relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or gnying on a business enterprise. with the officer as a partner, Joint venturer, coowner of property, or corporate shareholder (where the shares of-the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by competing and filing this form with the person responsible for recording the min- utes of the meeting, who should in~rporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the derision, whether orally or in writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WELL BE TAKEN: • You must complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on o#her side) CE FORM SB - EFF. 1!2000 Item 8.I.A. (f) = Item 9.A.A.A. PAGE 1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FlRST NAME-M1DDL.E NAME NAME OF BOARD, COUNGL, COMMISSION. AUTHORrrY, OR COMMnTEE Slio oulos Ga Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORrfY OR COMMITTEE ON 205 Geor a Bush Boulevard WHICH I SERVE IS A UNIT OF: . C~~, CITY ^ COUNTY ^ OTHER LOCAL AGENCY G TM 33444 Palm Beach Fl id D 1 B h NAME OF POLITICAL SUBDMSiON: a ra eac or e , Beach i f D lz DATE ON WHICH VOTE OCCURRED e a o MY POSITION IS: S 3 2010 %&o ELECrroE o APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her specal private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting an a mea- sure which inures to the special gain or loss of a principal (other fhan a govemment agency) by whom he or she is retained (inducting the parent organization or subsidiary of a corporate princpal by which he or she is retained); to the spedal private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from vo#ing in that capacity. For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-irrlaw, and daughter-in-law. A "business assoaate" means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed an any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: . Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: - You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM St3 - EFF. 112000 Item 8. I. C. = Item 9.A.A.A.A. PAGE t WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to our communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association (MDA) for the past fifty years in the fight against neuromuscular diseases, and WHEREAS, Florida Fire Fighters collected over $2,217,000 in over 300 communities including the City of Delray Beach Fire Fighters under Palm Beach County Loca12928 who helped raise over $110,000 with their 2009 "Fill the Boot" campaign for the MDA, again making them the MDA's largest source of funding, and WHEREAS, the Muscular Dystrophy Association is extremely grateful of the City of Dekay Beach Fire Fighters for their support and dedication, and WHEREAS, the funds collected by the City of Dekay Beach Fire Fighters assist the Muscular Dystrophy Association in providing medical services at local clinics, summer camp, research grants, support groups and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the City of Dekay Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring Fire Fighter Appreciation Month. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the Ciry of Dekay Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of August, 2010 as FIRE FIGHTER APPRECIATION MONTH in Dekay Beach, Florida and commend the City of Delray Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and employees are encouraged to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Dekay Beach, Florida, to be affixed this 17`~ day of August, 2010. NELSON S. McDUFFIE MAYOR ITEM 6.A. Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 12, 2010 SUBJECT: AGENDA ITEM 8 A -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 RESOLUTION NO.41-10 ITEM BEFORE COMMISSION The item before the City Commission is approval of a resolution authorizing submittal of an application seeking City designation as a 2011 Distinctive Destination. BACKGROUND The City of Delray Beach and the Downtown Marketing Cooperative are partnering to apply for a City designation as a 2011 Distinctive Destination. The Dozen Distinctive Destinations program recognizes unique cities and towns that are working to preserve their historic character, promote heritage tourism, enhance their community and encourage others to enjoy all they have to offer. Each year since 2000, the National Trust for Historic Preservation (NTHP) has selected 12 destinations across America that offer an authentic visitor experience by combining dynamic downtowns, diverse cultural activities, attractive architecture and a strong commitment to historic preservation, sustainability and revitalization. There are currently three such designated destinations in the State of Florida: Fernandina Beach (2002), Key West (2005), and Apalachicola (2008). An application was submitted in 2010, and Delray Beach was not selected; however, Staff has been notified that Dekay Beach was a strong contender. The NTHP website notes that selected destinations receive the following benefits: • Promotion through the National Trust for Historic Preservation web site, which receives over 200,000 visitors a month, and an entire web page dedicated to your destination. • Inclusion in a feature story about the Distinctive Destinations in Preservation magazine. • Support from the National Trust for Historic Preservation in planning a local media event. Past events http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3649&MeetingID=268 8/13/2010 RESOLUTION N0.41-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF APPLICATION TO THE NATIONAL TRUST FOR HISTORIC PRESERVATION FORA 2011 DISTINCTIVE DESTINATION DESIGNATION WHEREAS, Delray Beach presents an authentic experience to residents and visitors alike through its apparent sense of community found in historic character and charm, and a variety of cultural and historical attractions appealing to individuals, couples, and families of all races, cultures, and creeds; and WHEREAS, Delray Beach's dynamic downtown consists of the vibrant Atlantic Avenue and surrounding neighborhoods including designated historic districts and structures which represent Delray Beach's rich cultural history, including an array of locally owned businesses made up of varying retailers, offices, and restaurants; and WHEREAS, Delray Beach has made a strong commitment to historic preservation and honors the community's diverse cultural traditions and events through City support and many dedicated local businesses, organizations and volunteers; and WHEREAS, Delray Beach's "Green Ethic" is evident through the creation of the Green Implementation Advancement Board which provides recommendations to the City Commission regarding strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling, water and energy conservation, and tree planting and xeriscaping; and WHEREAS, Delray Beach's heritage tourism infrastructure consists of locally owned retail shops and boutiques, diverse and unique dining opportunities, year-round cultural and heritage festivals, award- winning beaches, and accommodations in nationally recognized historic structures; and WHEREAS, designation as a 2011 Distinctive Destination will promote Delray Beach's unique "Village by the Sea" character and charm, and reinforce Delray Beach's recent designation as a Preserve America Community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That we support applying fora 2011 Distinctive Destination. PASSED AND ADOPTED in regular session on the 17th day of August, 2010. MAYOR Attest: City Clerk Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 8 B -REGULAR COMMISSION MEETING OF AUGUST 17.2010 RATIFICATIONS OF APPOINTMENTS TO THE PARHING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item before Commission is to ratify the appointments of the Parking Management Advisory Boazd. BACKGROUND On July 21, 2010, the Chamber of Commerce appointed Mr. William Morse as their regular representative on the Parking Management Advisory Board for a two (2) year term ending July 31, 2012. On June 24, 2010, the Community Redevelopment Agency appointed Ms. Veronica Covington as their alternate representative for a two (2) year term ending July 31, 2012. On July 12, 2010, the Downtown Development Authority reappointed Mr. Fran Marincola as the regulaz representative and Ms. Diane Franco as the alternate representative for two (2) year terms ending July 31, 2012. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regazding pazking management policy and related issues including but not limited to, the planning, fmancing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all aze registered. Recommend City Commission approve and ratify the appointments of Mr. William Morse, representative of the Chamber of Commerce, Ms. Veronica Covington, representative of the Community Redevelopment Agency, and Mr. Fran Marincola and Ms. Diane Franco, representatives of the Downtown Development Authority, for terms ending July 31, 2012. RECOMMENDATION Recommend ratification of the appointments to the Parking Management Advisory Board. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3623 &MeetingID=268 8/ 13/2010 m ~~o PARHING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/11 Joseph Pike aplx os/ls/o6 ~t P & Z Ratified 10/3/06 Reappt 07/21/08 alt Ratified 08/19/08 Appt 08/17/09 reg Ratified 09/10/09 07/31 /12 William Morse CHAMBERS e,~t o7/zlno 07/31/11 Herman Stevens CRA ~t 07/09/09 Ratified 09/10/09 07/31 /12 Vacant WARC 07/31 /12 Fran Marincola, Vice Chair Ratified 08/15/06 alt Reappt 07/14/08 mg Ratified 08/19/08 reg Reappt07/12/10 The representatives above are ratified by the City commission. The re resentatives below area ointed b the Ci Commission. 07/31 /12 Peggy Miuphy Atlantic Avenue Corridor amt of /os/lo Bettneen Swinton Avenue and the Intracoastal 07/31 /12 Alan Kornblau Atlantic Avenue Corridor u~ ~t of/os/o8 Between Swinton Avenue Reappt of /os/lo and Interstate 95 07/31 /12 John Gergen Atlantic Avenue and State u~ appt o5/o6/os Road AIA Corridors and Reappt of /os/lo lying E ast of the Intracoastal Waterwa 07/31 /12 Cecelia Boone Old School Square u~ amt os/u/o6 Historic Arts District Reappt0l/15/08 Reappt 01/05/10 07/31/11 Mr. Bruce Gimmy Citizen at-Large unexp.Appr 12/01/09 07/31 /11 George Brewer Citizen at-Large ~x oz/o3/o9 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 10, 2010 SUBJECT: AGENDA ITEM 8 C -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 RESCIND DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT AND APPROVAL OF AN AGREEMENT ITEM BEFORE COMMISSION Commission is requested to rescind action taken at your regular meeting held on June 1, 2010 approving the Downtown Marketing Cooperative Agreement and approve a new, revised agreement. BACKGROUND After Commission approved the Downtown Marketing Cooperative Agreement on June 1, 2010, other boards recommended some changes. Attached is a new agreement with changes underlined or crossed out. RECOMMENDATION Staff recommends that Commission rescind approval of the Downtown Marketing Cooperative Agreement approved June 1, 2010 and approve the attached revised agreement. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3627&MeetingID=268 8/13/2010 AGREEMENT BETWEEN THE CITY, DDA, CRA, CHAMBER OF COMMERCE AND THE DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. THIS AGREEMENT is made this day of , 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "CRA"), the DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter referred to as the "DDA"), the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to as the "Chamber"}, the CITY OF DELRAY BEACH (hereinafter referred to as the "City"} and the DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. (hereinafter referred to as the "DMC"). WITNESSETH; WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Statute Chapter 163 and has as its purpose the redevelopmen# of portions of the City of Delray Beach located within its geographically designated redevelopment area; and WHEREAS, the DDA is a special taxing district created by special act of the Legislature of the State of Florida and the DDA is responsible for the economic development of the geographic area defined pursuant to its Charter; and WHEREAS, the Chamber has as one of its primary missions the providing of support to the economic community within Delray Beach; and WHEREAS, the City is a Florida municipal corporation and has the home rule power to enter into agreements as herein provided; and Revised 7/19/10 4. Termination. A party may terminate its participation under the terms of this Agreement by giving 60 days written notice to the other parties; provided however, the party(ies) who terminate(s) shall pay its prorata {which is based upon that party's contribution of cash for that budget year) share of expenses incurred through the effective date of termination. A termination by a party to this Agreement does not affect the status of the DMC. 5. Office Location. The DMC shall maintain its office for the period of this Agreement at the offices of the Chamber of Commerce, 64 SE 5t~' Avenue, Delray Beach, Florida. 6. Fireworks. {A) The DMC agrees to be the named sponsor for the annual fireworks display with the City's cooperation for the annual Fourth of July fireworks. (B) The fireworks display shall take place off the City's public beach or at another location mutually acceptable to the parties. {C) The DMC agrees to be responsible for soliciting of bids and contracting for the fireworks show, barge rental and docking of barge, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems, as may be needed, recruiting, training and scheduling the services of volunteers if needed, and for fund raising and obtaining sponsorship to cover the costs of the event. The City and the DMC agree to cooperate in order to insure that the necessary permits and approvals are obtained. 3 responsible for the public safety operation and coordination of the event at which the fireworks are displayed. 7. Art & Jazz on the Avenue and Similar Events. (A} The DMC shall hold "Art & Jazz on the Avenue" events or events similar thereto each year. (B) The duties and responsibilities of the City for these events is to provide, at its own cost and expense except as otherwise modified in this Agreement, security and traffic control assistance, provide trash removal and clean up assistance, set up of street barricades, hang and remove light pole banners as required, provide EMS assistance when necessary, and provide overall coordination and planning assistance as required. (C) The duties and responsibilities of DMC for these events is to provide, at its own expense, for fundraising and sponsorship, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems as may be needed, secure the services of volunteers as needed, and provide the lead for coordination and planning services for the events. (D) As compensation for City services which includes stage rental as well as overtime costs, the DMC will pay the City thirty-five percent (35%), or such other percentage as set by the City, of its costs over One Thousand Dollars ($1,000) per event. The DMC also agrees to pay full costs of any equipment the City is required to 5 relations. The DMC shall provide contract services far tree assembly and disassembly to include steel erecting (which includes the rental of a crane and a 100' bucket truck), electrical installation, and transport of tree frame to and from site as necessary and agreed to recruit, train and schedule the services of volunteers to assist in tree and scene assembly and disassembly and in manning the tree when open. The DMC shall also be responsible to plan, schedule, and coordinate the volunteer effort for assisting the City with coordination and planning for tree installation and removal and to provide security at tree site and appropriate cost sharing as approved by the City. DMC is also responsible for collecting and depositing donated funds. 9. First Night. (A) The City shall provide oversight for all aspects of the event, prepare the budget, review and approve all expense requests and contracts, prepare all requisitions, purchase orders and check requests, deposit and keep a record of all revenues, provide logistic support and staffing for traffic, security, cleanup and trash removal and EMS assistance, provide barricades, signs, and installation of same, insta{I banners, provide clean-up and trash removal, restore the site, facilities, property and equipment to the same condition as it existed on the date preceding the event commencement. The City shall hire part-time event staff as may be needed and maintain the event license. All promotional materials prepared by the DMC must be approved by the City. (B) The DMC shall recruit, train and schedule volunteers and make event assignments and obtain sponsorships, provide marketing and public relations services and provide technical and planning assistance as needed. The DMC shall 7 agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 16. Responsibilities of the Parties. Each Party shall be responsible for its own negligence and nothing herein shall be deemed a waiver of sovereign immunity or the limits of liability set forth in Florida Statute Section 768.28. 17. Access to Records. DMC hereby gives the other parties to this Agreement, through any authorized representative, upon reasonable notice, access to and the right to examine all records, books, papers, or documents relating to the funding provided pursuant to this Agreement. DMC hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the other parties under this Agreement in accordance with the Florida Public Record Laws as provided in Chapter 119, Florida Statutes, as may be amended from time to time, and for at least a minimum of three {3} years following the termination of this Agreement. DMC hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the other parties (on a pro-rata basis), or if this Agreement is still in force, any subsequent request for payment shall be withheld by the other parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. 9 ATTEST: Secretary GREATER DELRAY BEACH CHAMBER OF COMMERCE By: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Pubiic -- State of Florida ATTEST: City Clerk Approved as legal sufficiency and Farm: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Print Name: Title: Mayor The foregoing instrument was acknowledged before me this 2010 by day of as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. 11 EXHIBIT "A" INDEMNIFICATION AND HOLD HARMLESS AGREEMENT For and in consideration of the sum of ten dollars ($10.00) and o#her good and valuable consideration, the undersigned contractor agrees as follows: The Contractor shall indemnify, defend and save harmless to the extent of its insurance coverage, the Downtown Marketing Cooperative {DMC} and its members and the members' entities and Old School square, lnc., for events taking place on Old School Square property, (herein known as the Indemnitees}, their officers, agents, and employees, from or on account of any claims, damages to person or property, received or sustained by any person or persons during or on account of any action, activity or inaction arising from, connected to or resulting from the work provided for this Project; or by or inconsequent of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any materials or by or on accoun# of any act or omission of the said Contractor or his subcontractors, agent, or servants or employees. Contractor agrees to defend, indemnify and save harmless the Indemnitees, their officers,.agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the Contractor, his subcontractors, agents, servants or employees. Contractor further agrees to defend, indemnify and save harmless the Indemnitees, their officers, agents, or employees from afl such claims, fees, and from any and all suits and actions for every name and description that may be brought against the Indemnitees ar their officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the Indemnitees, their officers, agents or employees for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the Contractor to defend, at his own expense or to provide for such defense, at the Indemnitees' option, any and all claims or liability and all suits and actions of every name and description that may be brought against the Indemnitees, their officers, agents, or employees which may result from the operations and activities under this Contract whether the work be performed by the Contractor, his subcontractor or by anyone directly or indirectly employed by either. This indemnification and hold harmless agreement includes all costs and fees including attorney's fees and costs at trial and appellate levels. Dated this day of , 2010. Contractor By: Title: 13 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: July 28, 2010 SUBJECT: AGENDA ITEM 8 D -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION ITEM BEFORE COMMISSION City Commission is requested to endorse the 5~' Annual Project Holiday sponsored by "You Are Not Alone" and authorize City and staff support as requested. BACKGROUND Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, who with their volunteers will package and send items to our service personnel overseas. They are partnering this yeaz with the Church of the Palms as their non profit group. Attached is additional information about You Are Not Alone and the project. They aze not asking for City funding, but are requesting City support and assistance as follows: Support needed from the City includes: . Assistance in preparing and getting out PSA's on the program . Help with promoting and organizing the program . Authorizing City facilities to be used as collection sites for items donated . Assist in providing volunteers to help do the packing of items to be sent . Assist in delivery of boxes to the post office on November 22, 2010 Support to be provided by You Are Not Alone and Church of the Palms includes: . Assistance in promoting the project . Pick up and transport of items collected, location to be determined . Provide supervision of packing process . Identify service persons to whom items will be sent . Identify items that are needed http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3580&MeetingID=268 8/13/2010 City of Delray Beach, "You Are Not Alone", Church of the Palms Congregational and One Soldier at a Time, Team Up for 5th Annual Project Holiday The City of Delray Beach and "You Are Not Alone" are working together with Church of the Palms Congregational and One Soldier at a Time to gather and ship donations of needed items to deployed local military members in time for 2010 holiday season. The Fifth Annual Project Holiday begins Tuesday, October 19, 2010 and ends November 19, 2010. "You Are Not Alone" (YANA) is a local group, sponsored by the City of Delray Beach, dedicated to supporting family members and friends of our military service men and women. YANA meets the 4th Thursday of every month at approximately 6:00 p.m. at the Community Center, where they join together to discuss news, share stories, and offer emotional support and encouragement. Anyone who has a loved one serving in the military is welcome and encouraged to attend. Church of the Palms is a local non-profit corporation church, who has supported You Are Not Alone for four years. This year they have committed to once again help send care packages to our local troops overseas. Again, One Soldier at a Time, a 501(c3) non-profit organization has joined us in our continued efforts with our mission. Project Holiday is the cooperative initiative of Delray Beach Mayor Woodie McDuffie, City Commission and Commissioner Emeritus Alberta McCarthy, (founder of "You Are Not Alone"), the Church of the Palms Congregational and One Soldier at a Time. The entire community is encouraged to donate items listed below at drop boxes in the following locations: Delray Beach City Hall - 100 NW 1St Avenue Delray Beach Community Center - 50 NW 1St Avenue next to City Hall Delray Beach Tennis Center - 201 West Atlantic Avenue Delray Beach Municipal Golf Course - 2200 Highland Avenue Greater Delray Chamber of Commerce - 64 A SE 5`h Avenue Delray Beach Public Library - 100 West Atlantic Avenue Items Requested: TRAVEL SIZE -PREFERRED Holiday Decorations All Faiths Thermoguard pads (heating pads) Bags of hard, individually wrapped candy (lifesavers, dollar store hard candy, no chocolates except for tootsie rolls, tootsie roll pops. charm pops, etc) C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.9014.I.Project Holiday Press Release 2010 5th Annual.doc Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR THROUGH: DAVID HARDEN, CITY MANAGER DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 E -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 RESOLUTION NO 42 10/L,OCAL HOUSING ASSISTANCE PLAN (CHAP) 2010-2013 ITEM BEFORE COMMISSION City Commission approval of revisions to the Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013, by adopting Resolution No. 42-10, pursuant to Title 67-37 of the Florida Administrative Code and recommendations resulting from the review by Florida Housing Finance Corporation. BACKGROUND For the past eighteen (18) years, the City has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (CHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Neighborhood Services Division staff have administered the program and under the approved plans, have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Attached is the revised Local Housing Assistance Plan for 2010-2013. Revisions to the plan included the following: 1. Page 11- "Sponsor Selection Criteria:" Moves the strategy defining the implementation of the Sponsor Selection Criteria to number seven (7) under the title "Sponsorship Selection Criteria" on Page 12. 2. Page 14 - "Foreclosure Assistance Strategy:" Plan text modified pursuant to the recommendation of FHFC. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3634&MeetingID=268 8/ 13/2010 RESOLUTION NO. 42-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local govemments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop cone- to three-year Local Housing Assistance Plan outlining how fiznds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; the methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by Section 420.9075, F.S., and Chapter 67-37 F.A.C., it is found that five percent (5%) of the local housing distribution plus five percent (5%) of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed ten percent (10%) of the local housing distribution plus five percent (5%) of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to Three Hundred Fifty Thousand Dollars ($350,000) may use up to ten percent (10%) of program income for administrative costs; and Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David T. Harden, City Manager DATE: July 28, 2010 SUBJECT: AGENDA ITEM 8 F -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding btween the City and NICO of Delray Beach, Inc. under the 2009-2010 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 15, 2008, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal Year 2008-2009. The Action Plan contained an appropriation for economic development activities and was approved by the Commission. On July 11, 2010, the Neighborhood Services advertised to reallocate an additional $27,000 for economic development activities. Nico of Delray Beach, d/b/a Aloha Cleaners was started in 2005 and is owned and operated by Nicholas Barbalaco. It is located in a business challenged area at 401 West Atlantic Avenue that is within both the CDBG target area and West Atlantic Redevelopment area. The business mission is to run a profitable business by providing quality cleaning services in a caring, upscale, and professional environment. The grant will assist with the purchase of a pick-up/delivery vehicle that will allow the business to increase sales opportunities and create 1 new full-time position. The grant will allow the business to expand and market to yachts and yacht clubs for linen and uniform services, cold call fire-flood companies, and interior decorators and spas. Mr. Barbalaco is committed to the revitalization and success of the West Atlantic corridor and resides in and is the president of the Atlantic Grove Neighborhood Association. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 570&MeetinglD=268 8/ 13/2010 FY2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH And NICO OF DELRAY BEACH, INC_INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and NICO OF DELRAY BEACH, INC INC., hereinafter referred to as "NICO OF DELRAY BEACH, INC," having its mailing address as 401 West Atlantic Avenue R10, Delray Beach, 33444. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an economic development activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by NICO OF DELRAY BEACH, INC as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. Ineffective or improper use of CDBG funds, b. Failure to comply with the Statement of Work or terms of this Agreement, c. Failure to submit reports as required, d. Submittal of materially incorrect or incomplete reports, e. Failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to NICO OF DELRAY BEACH, INC. If this Agreement is terminated by the CITY as provided herein, NICO OF DELRAY BEACH, INC will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of NICO OF DELRAY BEACH, INC: At any time during the term of this Agreement, NICO OF DELRAY BEACH, INC may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, NICO OF DELRAY BEACH, INC shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 NICO OF DELRAY BEACH, INC agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 NICO OF DELRAY BEACH, INC shall submit annual reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 NICO OF DELRAY BEACH, INC agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 b. NICO OF DELRAY BEACH, INC does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: NICO OF DELRAY BEACH, INC agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: NICO OF DELRAY BEACH, INC agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. NICO OF DELRAY BEACH, INC agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. NICO OF DELRAY BEACH, INC shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Uniform Administrative Requirements: NICO OF DELRAY BEACH, INC agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. NICO OF DELRAY BEACH, INC is required to comply with the following uniform administrative requirements: a. A list of allowable and unallowable costs as provided in Attachment "A" b. Applicable provisions of 24 CFR 570.502. 9.5 Lobbying Prohibition: NICO OF DELRAY BEACH, INC shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. NICO OF DELRAY BEACH, INC shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.6 Section 3 Requirements: NICO OF DELRAY BEACH, INC agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. 5 9.7 Insurance: NICO OF DELRAY BEACH, INC shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment B. 9.8 Property: Any real property under NICO OF DELRAY BEACH, INC'S control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $50,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case NICO OF DELRAY BEACH, INC shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under NICO OF DELRAY BEACH, INC'S control that was acquired or improved in whole or in part with CDBG funds from the CITY for $50,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to NICO OF DELRAY BEACH, INC after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of NICO OF DELRAY BEACH, INC and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from NICO OF DELRAY BEACH, INC, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of NICO OF DELRAY BEACH, INC and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. NICO OF DELRAY BEACH, INC shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to NICO OF DELRAY BEACH, INC pursuant to the terms of this agreement. NICO OF DELRAY BEACH, INC shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 7 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this -day of 2010, by ,who is personally known to me. NOTARY PUBLIC Sign Print NICO OF DELRAY BEACH, INC. By: Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney Nelson S. McDuffie, Mayor 9 person's income at the time of hire and is not affected by subsequent raises or promotions. E. SECURITY AGREEMENT: To secure the grant amount, NICO OF DELRAY BEACH, INC hereby covenants and agrees for a period of five (5) years commencing with the completion of the activity to comply with the Job Creation requirements and with the equipment use/disposition requirements. If for any reason NICO OF DELRAY BEACH, INC fails to comply with the Job Creation or the equipment use/disposition requirements, NICO OF DELRAY BEACH, INC shall repay the full value of this grant, unless otherwise specified by the CITY. The provisions of this clause shall survive the expiration of this Agreement. F. REPORTS: NICO OF DELRAY BEACH, INC shall submit the reports listed below to the CITY. 1. Written verification of job creation, satisfactory to the CITY. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is low-income, and dates of employment. Said written verification shall be provided the CITY at the completion of the activity funded under this Agreement and annually there from for a period of five (5) years commencing with the completion of the activity. 2. The list of equipment and inventory items described in section B above. 11 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 2, 2010 SUBJECT: AGENDA ITEM 8 G -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 SPECIAL EVENT REQUEST - 16TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 16th Annual Downtown Delray Beach Craft Festival to be held on October 2 - 3, 2010 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 4th Avenue from Atlantic Avenue to NE 1St Street and from Atlantic Avenue to SE 1St Street, to utilize the north end of the Hands parking lot for vendor parking and to authorize staff support for traffic control, security and fire inspection services. BACKGROUND Attached is a request and permit application, site plan, budget, Certificate of Liability Insurance and Hold Harmless Agreement from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Development Authority. The City is requested to provide police traffic control and security for this event. In addition, a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, port-o-lets, event signage and barricading. We will work with sponsor to try to reduce City costs through the use of private security for night time shifts. The estimated cost for overtime is $5,004. signage per LDR's Section 4.6.7(F)(3) (f) can be installed 14 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure and use of the north end of the Hand's parking lot, approval of staff support for police traffic control and security, and Fire Inspector with the sponsor paying all overtime costs. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3 5 87&MeetingID=268 8/ 13/2010 City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DELRAY BEACN ,~~.,o aE.w,,,e~ CEIVED ~ 'UN 24 2010 ~ ~ M~tISTRATIUE SERVICES 20D1 Event Name/Title: 16th Annual Downtown Delray Beach Craft Festival Event Date(s): October 2nd & 3rd, 2010 Times: Saturday and Sunday: LOAM-SPM Event Sponsor/Producer: Delray Beach Downtown Development Authority Event Contact/Coordinator: American Craft Endeavors Name: Helayne Stillings Address: 9695 W Broward Blvd Plantation, FL 33324 Telephone Number: (954) 472 3755 Cellular Number: (813) 600 7688 E-mail Address: Info ,artfestival.com Event DescriptionlPurpose: Outdoor craft festival Annual, cultural and community atQ herng opportunity Brief History of Event (If applicable}: This is the 16th year this festival has been serving. this communi Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs}: Varied crafters exhibiting and selling their hand-made items. Number of Individuals Served Previous Year (if applicable): 4200 Describe the targeted population and expected attendance: 4500 local residents are tar tge ed population Serving or selling alcoholic beverages: yes no X (If yes, copy of license r~nrl alcohol liability i~tsura~tce required ttvo (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) -veeks prior to event yrarning the Crty as rrdditional insured, also required for vendors) Playing of a-nplified music: yeS no X (Waiver regrrirerl} Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes no (traffic control/security) Will supplement with private security: yes X no (If yes, need pla~f attached) Requesting Emergency Medical assistance: yes no~_ Requesting barricade assistance: yes X no (If no, how ace you Handling?) Regi.-esti-ig trash removal/clean up assistance: yes no X (Will be billed to sponsor) Requesting trash boxes/containers and liners; yes no X Requesting stage use: YeS no X (Xf yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Po-•table Generator: yes no X (If yes, size & power} Food and beverage vendors: yes X no If yes, approximate number 5~6 ~gl~ting_for permit (Health Department approval required) yes annlvi~now no C:`~.Documents and Settings~t.isi\DesktoptSpecial Event Permit Application FINAL 9.6.(37.doc Ev nt CoutractorlCoordlnator Please p>i`int: Howard i41~.n 5/26/10 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. is` Avenue, Delray Beach, Florida 33444. Required with permit application. For St~rff Use Onl -.- . Date Received ~~~`~~~ a Application fee received $ ~~ C:1Doeuntenls and SettingslLisi\DesktoplSpecial Event Pemtit Application FT~IAL 9.fi.07.doc American Craft Endeavors 16th Annual Downtown Delta Beach Craft Festival October 2 & 3, 2010 PROPOSED BUDGET FOR October 2010 Income Number of Crafters 100 Crafter Revenue $20125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,025.00 EXPENSES Advertisin Boca Raton News Ex ense $1 575.00 Palm Beach Post Ex ense $2 454.18 South Florida News a er Ex ense $790.00 Sun Sentinel Ex ense $3 750.00 Advertisin SubTotal $8 565.18 Services Permit Palm Beach Count Health Ex ense $25.00 Si na e AA Si n Lines Ex ense $555.00 Sanitation - Portofets Able Sanitation Ex ense $572.50 Sanitation - Dum stets Southern Waste Ex ense $752.69 Sanitation Tents 4 Events Ex ense $325.00 Barricades Bob's Barricades Ex ense $350.00 Securit Ci Of Delta Beach Ex ense $1 100.00 Rentals Tents 4 Events Ex ense $400.00 Gra hics far advertisin Ex ense Ex ense $75.00 Pa roll Hela ne Stillin s & Staff Ex ense $1 750.00 Rental Pro ert Downtown Develo ment Authori Ex ense $3 000.00 Lod in sand meals travel Ex ense $400.00 Two Million Dollar liabilit ins olic Ex ense $650.00 Administrative Overhead tele hone, mailin s,etc Ex ense $1 100.00 Service SubTotal $11 055.19 Total Ex enses $19 620.37 Show Profit $1 404.63 `~ °® CERTIFICATE OF LIABILITY INSURANCE DATE(MAUDD/YYY`0 5/27/2010 PRODUCER (954)382-4350 FAX: (954)382-2810 Setnor Byer Insurance Risk - Premier Agents 900 S. Pine Island Road #300 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. Plantation FL 33324 INSURERS AFFORDING COVERAGE NAIC >~ INSURED INSURERnPhiladelphia Indemnity Ins. laosa Howard Alan Events Ltd & American Craft INSURER B:Transportation Ins. Co 40494 9695 West Broward Boulevard INSURER C: INSURER D: Plantatilon FL 33324 INSURER E: V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOiIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN !S SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A DD 1 POLICY NUMDEA POLICY EFFECTIVE D E POLICY EXPIRATIONi M/IXWYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 000 000 X COMh1ERC1AL GENERAL LABILITY P M Ea S 100 000 A CLAIMS h1ADE ~ OCCUR 11PK537067 3 /5 /2010 3 /5 /2011 MED EXP ( me rson S 0 PERSONAL6ADViNJURY S 1 000 000 GENERAL AGGREGATE S 3 000 000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOP AGO S 3 000 000 R POLICY PRO- LOC AUT OMOBILE UABILRY ANY AUTO COMBINED SINGLE OMIT (Ea acddent) S 1, 000, 000 A ALL OWNED AUTOS SCHEWLED AUTOS KPK537067 3/5/2010 3/5/2011 BODILY INJURY ~~ ~~) S X X HIRED AUTOS NON-0VYNED AUTOS BODILY INJURY (Per accldenl) s PROPERTY DA6WGE S (Par accldeM) GARAGE LUU3ILITY AUTO ONLY - EAACCIDENT S _ _ ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 2 000 000 OCCUR ~ CLAIhIS 1.IAOE AGGREGATE S 2 000 000 S A DEDUCTIBLE NUB3oolas 3/5/2010 3/5/2011 s X RETENTION S 10,00 S B WORKERS COMPEIISATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTN ERIEXECUTNE Q E.L. EACH ACCIDENT S 1 000 000 (Llandeto~y In NHj ~cLU DE07 018176570 5/1/2010 5/1/2011 E.L DISEASE•EA EMPLOYE S 1 000 000 If yes daxribe under SPEG~IAL PROVISIONS below F L DISEASE -POLICY LIIAR $ 1 000 000 OTHER - --- DESCRIPTION OFOPERATIONS! LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY Eil DOASEMENT / SPECUIL PROVISIONS Blanket additionalinsured for owners, lesaora of premiace, lesaora of leased equipment, sponsors and co-promoters pertaining to general liability per form PI-AS-1010 (04/2009). Blanket waiver of subrogation and primary & noncontributory with regard to General Liability and Auto Liability per form Pi-MANU-1(.01/00). REa 16TH ANNUAL DOWNTOWN D6LRAY BEACH CRAFT FESTIVAL 10/2 6 3/2010 City of Delray Beach 100 NW First Avenue Delray Beach, FL 33441 SHOULD AIfY OF THE ABOV E DESCRIB EO POLICIES BE CANCELLED 8 EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 ~ DAYS WRITTEN NOTICE TO TTIE CERTIFlCATE HOLDER NAMED TO THE LEFT, DUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF A11Y KIND UPOl1 THE INSURER, ITS AOEIITS OR AUTHORIZED REPRESENTATIVE ~~ Cheryl Wranik/CLB ©1988-2009 ACORD CORPORATION. AIf rights reserved. INS025 (zoosol) The ACORD name and logo are registered marks of ACORD r HOLD HARMLESS AGREEMENT THIS HOI..D HARMLESS AGREEMENT, is entered into this 2Z day of 3~ ~ e , 2000by and between the CITX OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITX") and t'~OC~Grd Ak;~ Eyeytf,S (hereinafter referred to as "EVENT SPONSOR"). WITN1/SSETH: 'WHEREAS, EVENT SPONSOR seeks to hold a special event known as 1(nkH y~hv~v~ 1Jrv,~h~~ Delre~ C3facy ~ ~a~ f-~s~~ ~~;1 to be held on ~~ a/!~ - 10:3 /~ 10 (hereinafter referred to as the "I/vent"); and 'WHEREAS, the Event will beheld within the t;iry limits of betray Beach; and VwHER}~AS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. 7~he recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, inderYllaify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CI'I'X OF DELRAY BEAC~T, FLORIDA, a 1; lorida municipal corporation By: aY~ City Clexk Nelson S. McDuffie, Mayor Approved as to Fot~n: ' sy: City Attonley ~1VITNESSE5: EVENT SPONSOR r~,tt or type name) (SEAL) STATE OF FLORIDA COUNTY C}F The foregoing instn~ment was acknowledged before me this ~a day of /~%t~~ , 20i~Dby /fDu/,tfr,! /~L.f.// (name of officer or agent, title of officer or agent} of t~h~.tr~ f~C~~ E~c~~' _ (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. ~e/She is personally known-- to me or has produced (type of identificati ) as identificat' and did (did not) take an oath. Signature of Notary publio- State of Florida • NICHOLr1S D. PCRRIS <p1tj~ Comm# DD0809195 :°~~t~Y °~8~'•• < ~~ `- expires 9127!2012 <~~~• css~ Ftorid3 NotaryAssn., InC (print or type nat~ne) Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 12, 2010 SUBJECT: AGENDA ITEM 8 H -REGULAR COMMISSION MEETING OF A__UGUST 17, 2010 CONTRACT MODIFICATION FOR DANVERS CONSULTATION AND RESEARCH FIRM ITEM BEFORE COMMISSION This item is a request for modification of the approved agreement with Danvers Consultation and Research Firm consisting of changing the consultant compensation from 33% of savings found with a maximum of $30,000, to 33% of savings found contingent upon receipt of the insurance certificate. BACKGROUND A proposal from Danvers Consultation and Research Firm for performance of a citywide street light audit to quantify historic excess billings by Florida Power & Light (FPL) was tabled by Commission at the August 3rd regular meeting pending additional information concerning the payment method and sole source designation. The item was discussed at the August 10th Special/Workshop meeting at which time staff explained the reasoning behind the flat fee proposal versus a percentage of savings or credit found by the consultant, commonly known as performance contracting. Staff stated concerns about the percentage of savings method of payment in that there was no way to determine the cost of services until the scope of work was complete. The risk of using the flat fee method involved a scenario where credits found did not exceed the flat fee cost. Staff also explained the lack of competitors for the specific scope of work and that the municipalities cited in the consultant's proposal also awarded contracts as a sole source. After further discussion, Commission approved the contract subject to the consultant's compensation being revised to 33% of savings found with a maximum of $30,000, and the stipulation that payment would be made after the FPL credit has been issued. Staff met with the consultant subsequent to the Commission action to review the revisions with him. During discussions, the consultant indicated that he was not comfortable with the equity of the revised compensation in view of the risks involved due to the unknown nature of the level of potential credit from FPL prior to his performing the work. While he agreed to payment being made subsequent to FPL issuing the agreed upon credit, he has requested reconsideration of his proposal with compensation to be established as 33% of the credit found. The attached agreement contains revised language addressing the payment method and timing. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3648&MeetingID=268 8/13/2010 Danvers Consull:ation ~ Research ~irm 2938 Hope Valley Sfreet # 105 West Palm ~cach, I+L 33411 `Celephonc: 754 235-8141 561-g29-9528 E-mails uiiko,danvcrs rQdnnverscousultation.org June 08, 2010 Mr. Jamey Schmitz Building Maintenance Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, hL 33444 Dear Mr. Schmitz: Danvers Consultation and Research Firm, Inc. has set up a system, where it can help municipalities by reducing their energy cost. 'Tlie system we have implemented has been very successful In helping other cities in saving money on their streetlight and master electrical services. We ate very positive that if we ate given the opportunity to work our system in the City of Delray Beach, the same results will be achieved. The proposal for GPS Mapping can be elvninated if declined. Tho scope of walk has been displayed ill the proposal. Sincerely, Mike Danvers General Mange:/Senior Consultant APP120ACH TO PROJTCT To do an audit and inventory on streetlights ,the approach to the project Danvers Consultation and Research Firm, Inc will be taking will be as follows: DCR will be managing the project under the guidance of Mike Danvers. We will prepare Excel Spreadsheets electronically with data showing locations, grid numbers, pole type, bulb type, wattage, owner of pole, energy cost, maintenance cost, monthly cost, annual cost and total cost. 'The spreadsheets will be broken down by zones on the map to snake it easier for the Public Works Department to identify poles and grids in the future. A separate spreadsheet to differentiate wattage with each tally will be provided. The cost recorded will be the calculation done by DCR based on the rate in agreement with FPL and the City of Delray Beach. A Cost Report Statement will be prepared shawing the difference between the FPL Bill and DCR Cost Report. We will provide either a GPS map or a physical entry map to identify the location of each streetlight. A quality assurance will be done by Mike Danvers and Chris Bennett, The latter will be in charge of the GPS/IS. A Summary Statement and a CD with the data will be provided, DCR will also make recorxunendation onfindings duffing the audit on how to improve services ui order to make it more cast effective. If required DCR will also represent the City of Delray Beach in meetings to support evidence of discrepancies on the bills and services rendered, DCR will obtain maps within the city limit of City of Delray Beach and then divide them into working segments. We will obtain bi!! statements fiom the Finance Department and an FPL Inventory Statement fiom the Public Works Department. If GPS service is needed, DCR will need to coordinate with the GPS/GIS Department of the City of Delray Beach when exporting the data of its Ul'S mapping. Finally, a schedule outlining the work being done in each zone (based on the city's map} will be provided. DCR will provide to the contact person at the Department of Public Works with a weekly progress report of the work being done. tAte of y. ~~ - _ _ ~~~ :. . 1 °riDa I certify from the records of this office that DANVERS CONSULTATION AND RESEARCH FIRM, INC. is a corporation organized under the laws of the State of Florida, filed on October 13, 2004. The document number of this corporation is P04000i42253. I further certify that said corporation has paid all fees due this office through December 31, 2004, and its status is active. i further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seat of the State of Florida at Tallahassee, the Capitol, this the Fourteenth day of October, 2004 1.~I1:lI1~ZI ~1..:I1L1U1 ~errrtttr~ nf~4tttfe i~epttrtment of $tttte CR2E022 {2-03) DANVi+,RS' CUl`~ISYJLTATION AND RESEARCH TIRIVI, I1vC. JOB EXPERIENCE. City of'X'amarac Public Works Department 6011 Nob Hill Road Tamarac, FL 33321 TeI. # 954-597-3731 Contact: rack Strain Job Durazlon: October 2005 -January 2006 Consultation: October 2005 May 2008 City of Coral Springs Public Works Department 9551 West Sample Road Coral Springs, FL 33065 Tel. # 954-344-4000 Contact: Rich Machaad Job Duration: February 2006 City of Miramar Public Works Deparfinent 13900 Pembroke Road Miramar, F133025 Tel. # 954,538-6811 Contact: Kirk Hobson-Garcia Job Duration: May 2006 -duly 2006 Consultation; May 2006- May 2008 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 4, 2010 SUBJECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 21, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3rd Avenue and NE/SE 4th Avenue. Commission is also requested to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement and Certificate of Insurance for this event received from Sarah Martin. The event will include entertainment on NW/SW 5th Avenue. The estimate of overtime cost for this event is $7,295. Cost for the barricade rental is estimated at $200. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000, plus the full cost of barricade rental for a total cost of $2,403. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. http://miweb001 /CouncilAgendalBluesheet.aspx?ItemID=3 589&MeetingID=268 8/ 13/2010 City of Delray Beach Special Event Permit Application RECEIVE ~ ~RAYBEACH JUN 3 0 2010 ,~ ~'ane~cacl ~ ADI4lINlSTRATIVESERVKE PLEASE TYPE OR PRINT ~ ~~a Zoos Event Name/Title: ~~ ~ ~)(>lz~ Event Date(s): ~ ~ Times: YJ ~ ~ m .r Event Sponsor/Producer: Event Contact/Coordinator: ~ },f~, Olr~-~tn ~~11 Y ~ 1 Y 4 Name: Telephone Num E-mail Address: Planned Activities (Outline of activities/nu ber of tivities, i.e. entertai nt, ~ chilcire~,s rides, dames, otlzer~rograms}; , lc.q~ 1~°~tl~l~l~'L /T`it`i~' Number of Individuals Served Previous Year (if applicable}: Serving or selling alcoholic beverages: yes no~_ (If yes, copy of lice~tse attd alcohol liability insurance required two (2) weelrs prior to event) Event certificate of insurance attached: yes /~ no (Required hvo (2) weeks prior to event Warning the City as additional insured, also required for vendors) Playing of amplified music; ~ yes~_ no (Waiver required) Will there be entertainment: yes~_ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertaitunent will be ily oriented and contain no obscenities: yes no Requesting Police assistance: yes_~ no (traffic controUsecurity) Will supplement with private security: yes no (If yes, need plaW attached) Requesting Emergency Medical assistance: yes ./ no~ Requesting barricade assistance: yes~~ no {If no, how are you handling?) Requesting trash removaUclean up assistance: yes_~. no (Will be billed to sponsor) Requesting trash boxes/containers and line s: yes~_ no u~Gr sPvu~a.i, av~~Pk~KS J~~~ Requesting stage use: yes no~! (If yes, clteclc type} Large stage (14' x 36') ^ Small stage (1G' x 21') ^ Half small stage {8' x 21') ^ Requesting signage: yes_~ no Type: 4'x4'Evcnt si Parking Signs Banner hanging ~ Indicate dates required o~ t„ ~~1~ ~'mbr Fo 8t~ev~ ~- no no (Waiver required if store than one (1) week prior to event) Requesting City Portable Generator; (If yes, size & power) Food and beverage vendors: If yes, approximate number {Health Department approval required) yes yes yes no C:~Documents and settingslLisitDesktop~Special Event Permit Appticalion PINAL 9.ti.Ol.doc ` !~ Event Contractor/Co rdinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. ' Fo~• Staff Use O»l~ ~ Date Received ~~ Application fee received $ JJ~ ~ C:\bocuments and ScttingslLislBeskloplSpccial Event Pem~it Application FINAL 9.6.t)7.doc k a ..r Downtown Marketing Cooperative Statement of Revenues and Expenditures 2010 Proposed APPROVED zoos Budget 2009 Actual Budget Telephones 5245 3,900.00 3,702.00 3,700.00 insurance 5301 4,300.00 4,652.49 4,650.00 Workers' Compensatlon 5303 0.00 1,111.50 1,968.00 Janatorial & Bldg Malnt 5311 0.00 15.37 0.00 Mlsc Admin F~~enses 5411 2,014.00 1,529.35 1,000.00 Mist 2006 Expenses 5999 0.00 (4,386.44) 0.00 Awards ~ ReoogNtloris -Events 6105 0.00 42.00 0.00 ~~~ ~~~ 6110 0.00 2,190.00 0.00 Miscellaneous Expenses -Events 6141 0.00 3,500.00 0.00 Supplies Pur~ased -Events 6171 0.00 3,297.30 0.00 Travel, Meals 8: Meetngs -Events 6175 0.00 779.16 0.00 Total Administration 352,180.00 351,563.39 365,207.00 Pineapple Grove 81 West Atlantic 860 Meetings/Conferences 5121 0.00 18.82 0.00 Office Suppler 5231 0.00 13.01 0.00 page 5235 0.00 13.81 0.00 Ads, Marketlng 8< Slgnage -Events 6101 0.00 1,544.27 1,000.00 Awards & Reoognitlons -Events 6105 1,000.00 800.00 800.00 ~~~ g~ces b110 17,550.00 4,396.50 12,500.00 Design & Typesetting -Events 6115 2,000.00 175.73 2,500.00 Miscellaneous Expenses -Events 6141 0.00 16.50 0.00 Photography & Film Expenses -Events 6145 0.00 59.13 0.00 Printing Expenses -Events 6151 3,000.00 1,193.77 2,000.00 Supplies Purthased -Events 6171 0.00 685.99 1,000.00 Travel, Meals & Meetings -Events 6175 0_00 19.17 200.00 Total Pineapple Grove 81 West Atlantic 23,550.00 8,936.70 20,000.00 Art 8: Jazz on the Avenue 862 Meetlngs/Confererrces 5121 0.00 300.18 0.00 Event Fees 5207 0.00 300.00 0.00 Web Sponsorship Exp 5216 0.00 165.00 0.00 Office Supplies 5231 0.00 55.7b 0.00 Publidty & Public Relations 5621 0.00 750.00 0.00 Ads, Marketlng ~ Signage -Events 6101 4,500.06 550.00 3,000.00 Awards & Recognitlons -Events 6105 0.00 100.00 0.00 Contrail; Se~ceS 6110 72,600.00 56,959.21 42,800.00 Design Sv Typesetting -Events 6115 10,000.00 11,379.55 10,000.00 Equipment Rental /Lease 6125 18,000.00 19,580.45 15,000.00 Venue Expense b131 0.00 532.50 0.00 Miscellaneous Expenses -Events 6141 0.00 300.00 1,400.00 Photography ~ Rlm Expenses -Events 6145 2,000.00 0.00 2,000.00 Supplies Purchased -Events ti171 500.00 1,024.50 300.00 Travel, Meals >3<Meetlngs -Events 6175 100.00 0.00 iao.oo Total Art 8c Jazz on the Avenue 107,700.00 91,997.15 74,600.00 July Fourth Celebrations 865 Contract Senrlces 6110 66,000.00 46,640.52 b2,100.00 Design & Typesetting -Events 6115 1,500.00 2,087.42 2,000.00 Equipment Rental /Lease 6125 500.00 20,545.23 500.00 Supplies Purchased -Events 6171 1,OOOAO 449.81 500.00 Travel, Meals 8; Meetngs -Events 6175 1,000.00 329.21 500.00 Total July Fourth Celebrations 70,000.00 70,052.19 65,600.00 December Holidays & F1rst.Nlght 866 ~~l(a9se~ ~ -,. the ~ .~. SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative, Inc. of Delray Beach, Inc. (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative Inc. use of City Facilities or property for the special event of * ~~r- A ~it21 6N YNr' yI'NUs.and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ~~~ e~ r F v~yv~ -- o~r48~~ .?~~ .~a~a * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative, Iiic. as covered under Riverport Insura~a/nce Company policy number WR0180031 Michael Listick, Chairman, Downtown Development Authority l ~ltf~.4,V~X~~~Cu-~-c Cat Bal st ' e e, a' man esi ee, Community Redevelopment Agency Brian Cheslack, Chairman, Chamber of Commerce Robert A. Barcinski, Assistant City Manager, City of Delray Beach Revised 6/3/10 ])elra~~ l3e:tch t)o~rntown A9~u'keting C'oaperndve • ~ it~~ of Delray Beach • Camtntmih hede~rele~pment .~~~enr~ e Do~amtm-~n Ueveiopment Authorih~ r Greater Delra~• t3each Chamber ctCt .tmttterce ~~#-:\ SL• ;;t' .avenue. Dt:lr~~' 13earh, T'l. ?=1i;3 0 'I'rt: ~6!2?~?.! Est?. eat In • !'ax: >(~1.?'SA~~.; ~~~~~~~~ Dawnto~~~t Uelri>•II eac•h. e:~ttt Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 8 J -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 FY 2011 TENNIS RATES/TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for the Tereus Facilities for FY 2011. BACKGROUND Attached are the proposed maximum rate increases for Tennis Facilities for FY 2011, along with a rate comparison which reflects current rates with other facilities. All proposed rate increases are based on market conditions. Due to loss of members and member complaints from the Customer Satisfaction surveys about high rates, since we are one of the highest cost facilities and considering current economic conditions, no increases are recommended at this time. The maximum rates proposed can be reduced based on market conditions. Sharon Painter will be available to answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2011 for the Tennis Facilities. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 618&MeetingID=268 8/ 13/2010 DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2010-2011 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUAL MEMBERSHIP (1 0101 11 0-913 011 1) RESIDENT EXISTING PROPOSED SINGLE $ 325.00 $ 325.00 FAMILY $ 500.00 $ 500.00 JUNIOR $ 50.00 $ 50.00 NON-RESIDENT SINGLE $ 565.00 $ 565.00 FAMILY $ 785.00 $ 785.00 • JUNIOR $ 100.00 $ 100.00 TYPE OF SUMMER MEMBERSHIP (511!08-91301091: RESIDENT SINGLE $ 150.00 $ 150.00 FAMILY $ 215.00 $ 215.00 JUNIOR $ 35.00 $ 35.00 NON-RESIDENT SINGLE $ 225.00 $ 225.00 FAMILY $ 315.00 $ 315.00 JUNIOR $ 55.00 $ 55.00 RECEIVE[ • a~R ~~ 2010 ADMINISTRATIVE SERVICES NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT fNCLUDE FLORIDA SALES TAX. FAMILY=HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 Oft UNDER THE AGEOF21 AND ATTENDING SCHOOL ON A FULL TIME-BASIS. DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2010-2011 PROPOSED MAXIMUM DAILY RATES COURT FEES -CLAY COURTS (PER PERSON) COURT TIMES: NOV. 1 -APRIL_30 EXISTING PROPOSED CITY RESIDENTS ADULTS $10.00 $10.00 JUNIORS $5.00 $5.00 COUNTY RESIDENTS ADULTS $12.00 $12.00 JUNIORS $6.00 $6.00 NON-RESIDENTS ADULTS $15.00 $15.00 JUNIORS $10.00 $10.00 MAY 1 - OCT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $9.00 $9.00 JUNIORS $4.50 $4.50 COUNTY RESIDENTS ADULTS $11.00 $11.D0 JUNIORS $5.50 $5.50 NON-RESIDENTS ADULTS $14.00 $14.00 JUNIORS $7.00 $7.00 ALL PRICES INCLUDE 6.5% FLORIDA SALES TAX Delray Beedl Tennis Center R~ Sam 1NOCT li! w Oaipec O.AY GOURiS [72 hll~l 401IDAY-FI>aAY i'OdW-e.0[t'N MOH7AY-TMNSDAY TmAY -1amRA SATUWYlY1fUTAAY 4da`1M-6mPN FflpAY rmHl-a'11P71 sATlnmAr r3uw-emnt pE5nE11T SlAd1AY 7Ja~M-iaOPM AExB9tfl~S SOi(dE f 325,m f S~.m ANNUAL P92AiT RATFS(NIEAIBE7LStSF6) FAKY f 5m.m f 7eim AESS)Bfr NONi1ESDBlr i1NOR i SZm t 10600 ADULTS t 3r1m f 1,11.e.m FAL4Y f St+.m i 1,SESm JlsO016 S 1W.m f 370A0 .A1101- tl M¢d uder COIRi TILE OAIY SBLAMNUAL MTES(LO~@EP.AEPS_ C.AY OOIal1 F8S iV1~O0 AESDBli NONRFSD6115 NORNM(S1EYB'ONGS AOLLTS f 1W.m S /eam AIOry FALLLY f 1e7m f 560.m ta>~err s tam' At+rors s mad s xtm Naoert a+ s s.m GOIINIY R65OET(T f 12m COUN1Y Jfl E im NONAFSDEHf f 1Sm NOiiRFSII19R Jfl S 10.m .m tSM1RT FFFC. 1717-IFUO AIOy RESDINf f 7.m RESOEM JR t 350 CDUIdTY AFSOFM f im COUNh'JR E am NoN•ttFSmElrt s tam NON-RESOENTIe t Sm ucarts s T.m 17n HOUR Loaae s m.m YEAR ttA11 MAOn1E s nm Ftsmlrllo ussoNS tltow 7rzNaufl L~LSet s Sem : 3tm COUNfY RES~BIi f 61.m S Q.m NON-lESOBlf t 7T.m f M.m SY COUNfY t O.m f P.m .et NONiiE'~B11 t 57.m S 9.m 5111919t NES~k7al>WS S'1-iNJ1 fNGIE RESDE)Or S 15am FALAY frF50IXr i 21im .snaoera=soFxr s aao SINGLE NONRFSUBlf S Ylim FALIY NON#SgF300 f 315.00 AkIOR NON.1¢SDBtf f $m CIAY OOIRf FMS Sh-1091 CUY OOUflT 1N1O COlEtf AIOy aoy PBOBtr t em L S.m IE3'a1FNTJR s A.so s 7.m COUrtY RESWF7R f 11.m t T.m OOIIN1Yai f 590 f 3.91 NoN.FSOe1r s lam t E.m UR1 RATFS lp[ idtleQl t 1n 6rd Fly RF5m81f NOKABC67f t tOm f /2l5 t im S 7.50 NO LIIeW NO bdelt s@E ER RFSb15 NONAES aw) psam iae rasora 1NOw 72 NOVR s sim s 35.m OD1T f 6175 S P30 VATBI~ta<F~) s m.m OBIT s arm t 78.75 Fay) f 7300 : tam N.W.erol flEell BLd OF OPERATION HOIAS OF OPF77AT1011 Y-TFEPL4UY IMAM-9.mPM ' LgNAAY-T16IP3)0.Y 130aM-1a00PE1 7ADDM Y 7 OVe 0O1M-a110PM L NYd SUImAY dfOPN-LS017d . - FimA SATlAOMY 73MM-SmPM fUFDAY 7309A1•lUOPM . 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Barcinski, Assistant City Manager THROUGH: David T. Hazden, City Manager DATE: August 10, 2010 SUBJECT: AGENDA ITEM 8 K -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 FY2011 GOLF RATES - LAKEVIEW GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2011 for the Lakeview Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course for FY 2011, along with a rate compazison which reflects current rates for other like golf courses. Fees proposed are in line with other comparable courses. This course is very price sensitive. Although the management company is not proposing across the board rate increases, they feel these proposed rates are in line with market conditions and would maintain or increase rounds played. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. Sharon Painter will be available to answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2011 for the Lakeview Golf Course. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 628&MeetingID=268 8/13/2010 Lakeview Golf Club Proposed Maximum Rates Fiscal Year 2010 - 2011 All rates are tax inclusive November -December Walk Ride December -April Walk Ride April -November Walk Ride Miscellaneous Rates (a11 rates are tax inclusive) Bag Storage Pull Cart Club Rental -Daily RESIDENT NON-RESIDENT EXISTING PRO POSED EXISTING PROPOSED $ 21.00 $ 22.00 $ 27.00 $ 27.00 $ 26.00 $ 30.00 $ 31.00 $ 31.00 $ 26.00 $ 26.00 $ 30.00 $ 30.00 $ 36.00 $ 36.00 $ 39.00 $ 39.00 $ 14.00 $ 15.00 $ 16.00 $ 16.00 $ 17.50 $ 19.00 $ 21.00 $ 21.00 $ 55.00 $ 60.00 $ 4.25 $ 4.25 $ 12.00 $ 12.00 "Mabmum" rate refers to the maximum rate approved by the City of Delray Beach Commissioners for the defined season. Please note: The actual dates of the season vary from year to year. lGls~ [D Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 10, 2010 SUBJECT: AGENDA ITEM 8 L -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 FY2011 GOLF RATES - DELRAY BEACH MUNICIPAL GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2011 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the municipal course, along with a rate comparison with other municipal courses which reflects current year pricing. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. Golf fees, except for prepaid green fees, are in line with other golf courses. No fee increases are proposed for daily round rates. Permit holders can play the, Lakeview course for a reduced fee and we have added a college student permit fee. These rates are proposed based on market conditions. Sharon Painter will be available to help answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2011 for the Delray Beach Municipal Golf Course. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3631 &MeetingID=268 8/13/2010 w~ o°o °o°o °o°o w f-- O ~ tOC)M HMV MN ~ C o a ~ 3 ~ o ~ a ~ EFT 6H ~ EA 6RT U " ~ ro W C7 '~ °' m ~ m a U~ o0 0 0 °o 00 00 4 ~~ p Z= of o ~ ai n tci ~ N ~ Z ~ ~ to M ED ~' M N lJ EA jt ~1 ~ ,t ~ .~ 64 69~ EFT EfT EA EA ~ `~ _ 0 3 .~ a o0 00 00 -c d.,~ W~ 0 0 O~ O O ±+ ~ O ~ ~ N (O M M N ~ Y' ~ J ~ ~, co q O ~.. ~ fR EF} 6H EFT EA d9 r.+ U tv O. 'L3 ~~ 0 0 0 0 0 o c c m z~ o0 o~n oo ,gyp r R ~ ai o ~ r~ ri .o w c ~ F' ~N EOM MN y.Q ~ N Q M X ~p f6 ~ W a ~ ~ EFT EFT Es EA rfl EFT Q ~ a ~ ~ ~ j r- 00000000 00000 V O ~ ~~ °Op o0 ou°T Wgooooo000 00000 L. 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Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 10, 2010 SUBJECT: AGENDA ITEM 8 M -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 _AMENDMENT #1 BETWEEN PALM BEACH COUNTY AND THE CITY/FUNDING FOR THE MIRACLE LEAGUE FIELD ITEM BEFORE COMMISSION City Commission is requested to approve a change to Amendment #1 to the Funding Agreement between Palm Beach County and the City, approved by Commission at your regular meeting on July 20, 2010 to change page one, paragraph #3, to complete the project by October 31, 2010 versus September 10, 2010. BACKGROUND Commission approved Amendment # 1 to the Funding Agreement between the City and Palm Beach County for the Miracle League Field on July 20, 2010, which changed the scope of the project to include the concession stand, restrooms and storage. A change in the completion date to October 31, 2010 is requested to give us sufficient time to close out contracts and make final payments so that we do not lose grant funding. RECOMMENDATION Staff recommends approval of the change to page #1 of the Amendment #1 to the Funding Agreement between the City and the County for the Miracle League Field, extending the project completion date to October 31, 2010. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3632&MeetingID=268 8/13/2010 FIRST AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE DELRAY BEACH MIRACLE LEAGUE FIELD THIS AMENDMENT is entered into on , by and between Palm Beach County, a political subdivision of the S#ate of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, on September 11, 2007, COUNTY entered into an Agreement with MUNICIPALITY (R-2007-1557) to provide funding in an amount not-to-exceed $250,000 for construction of the Delray Beach Miracle League to be completed on or before September 10, 2010; and WHEREAS, MUNICIPALITY has requested that COUNTY revise the scope of the completed Delray Beach Miracle League Field (the "Project") to include construction of a modular building to include a concession, stand, restrooms, and storage as a reimbursable project element and to provide an time extension until October 31, 2010; and WHEREAS, MUNICIPALITY has provided a revised Exhibit"A"to the Agreement to include a revised 1) Project Description and Cost Estimate that includes the modular building in the Project Scope and reduces the total Project cost and a 2) Overall Site Plan that depicts the modular building within the Miracle League Field; and WHEREAS, COUNTY desires to allow the revised scope and cost estimate changes as reflected in the revised Exhibit "A" and to extend the Project completion time; and WHEREAS, both parties desire to amend the Agreement. NOW THEREFORE, the parties hereby agree as follows: 1. The attached revised Exhibit "A" attachments provide a change in the Project Description to include the construction of a modular concession/restroom/storage building as a Project element and to reduce the amount of the tatal cost for the completed project, and shall replace the original Exhibit "A" Cost Estimate. 2. Section 1.04 of the Agreement shall be amended to state, "MUNICIPALITY agrees to provide funding in an amount of $290,000 or greater to complete the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $290,000. 3 Section 2 06 of the Agreement shall be amended to state "MUNICIPALITY 4. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 8 N -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 AMENDMENT NO 1/AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC. ITEM BEFORE COMMISSION The item before Commission is consideration of Amendment No. 1 to the Agreement with SunGard Public Sector, Inc. for a public safety software system. BACKGROUND The City received a letter from SunGard requesting an amendment to the Software Maintenance Agreement that the City signed recently for the public saftey software system. Staff reviewed and recommended alternative language to Sungard for their requested revision. The agreed upon language will require the City to remove the FoxPro version of the SunGard software modules once the new .NET software modules are installed on our computer system and the new modules are fully functioning for a thirty (30) day period. In addition a revision is needed to the requirement in the City Standard Agreement with SunGard that requires SunGard to develop a Project Implementation Plan within sixty (60) days of execution of the agreement; the revised language extends this date to ninety (90) days (which will be September 27, 2010). Our project kickoff meeting with SunGard is scheduled for September 9, 2010, but we have already had preliminary calls to begin coordination of the project. The two revisions described above are included in the attached Amendment No. 1. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the agreement with SunGard Public Sector, Inc. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3660&MeetingID=268 8/13/2010 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SUNGARD PUBLIC SECTOR, INC.. THIS AMENDMENT NO. 1 is to the Agreement between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and SUNGARD PUBLIC SECTOR, INC., ("BIDDER") dated June 29, 2010. WITNESSETH: WHEREAS, the CITY and BIDDER are desirous of amending the Standard Form of Agreement between the CITY to extend the time to develop the Project Implementation Plan from 60 to 90 days from the date of execution; and WHEREAS, the CITY and BIDDER are desirous of amending Exhibit No. 1 to the Software Maintenance Agreement to provide further clarification regarding FoxPro software removal. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revisions. a. Paragraph 5 of the Standard Form of Agreement between the CITY and BIDDER is amended to read as follows: 5. BIDDER shall develop a Project Implementation Plan including a detailed Project Schedule in a completed form within 6A 90 days of execution of this agreement; however, the final Project Approved as to Form: City Attorney WITNESSES: (Print or Type Name) SUNGARD PUBLIC SECTOR, INC. By:_ Name: Title: (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by (name of officer or agent, title of officer or agent) of Sungard Public Sector, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public -State of Florida 3 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 8 O -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 LETTER OF SUPPORT--PACE PROGRAM ITEM BEFORE COMMISSION The item before Commission is approval for the Mayor to issue a letter of support regarding the Propey Assessed Clean Energy (PACE) program. BACKGROUND The City of Delray Beach received a request from Climate Communities to write a letter of support to Senator LeMieux regarding the Propey Assessed Clean Energy (PACE) program. PACE is an innovative financing mechanism that allows property owners to overcome the high up-front costs of energy efficiency improvements and distributed renewable energy systems by paying for these upgrades to their commercial and residential properties over a period of 20 years through an annual assessment on their property tax bill. 'This program was approved by the State of Florida in 2010. The Federal Housing Finance Agency (FHFA) has issued a statement that places the future of PACE programs in jeopardy. The FHFA decision essentially suspends PACE programs for the near future. Attached is the request received from Climate Communites regarding a letter of support that they planned to send to Senator LeMieux. While we did not sign onto their letter before their deadline, the City can issue a separate letter of support to Senator LeMieux and Senator Nelson; a draft letter is attached. RECOMMENDATION Staff recommends Commission approval for the Mayor to sign a letter of support for the PACE program. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3663&MeetingID=268 8/ 13/2010 August _, 2010 The Honorable George LeMieux U.S. Senate 356 Russell Senate Office Building Washington, DC 20510 Dear Senator LeMieux: As you probably know, the Federal Housing Finance Agency (FHFA) recently took actions against Property Assessed Clean Energy (PACE) programs. The FHFA's action has frozen promising new energy efficiency finance programs established by 22 states including Florida, which are designed to facilitate energy retrofits by property owners, thereby reducing home and business energy costs, while creating hundreds of thousands of new jobs nationwide. We are asking that you play a leadership role in addressing this problem by introducing legislation that guarantees the right of state and local governments to form special assessment districts to promote clean energy programs and restores the promise of PACE financing programs. When Governor Crist signed PACE-enabling legislation into law in June, Florida joined more than 20 other states that have successfully promoted PACE programs as a method of allowing home and business owners to make investments in clean energy. If not derailed by federal regulators, Florida's PACE legislation has the potential to create tens of thousands of jobs and spur hundreds of millions of dollars of investment in Florida's building industry. It is important that this innovative financing mechanism be preserved if Florida is to fully recover from the mortgage crisis' devastating impact on the state. PACE programs harness free-market forces by allowing property owners to finance energy efficiency retrofits and installations of small renewable energy systems. PACE-financed improvements increase property values and lower monthly energy bills while enabling home and business owners to pay for these investments over a period of 20 years through an annual assessment on their property tax bill. This structure allows even low- or moderate-income property owners who otherwise would not be able to afford a significant upfront investment in clean energy to pay for these enhancements. By increasing demand for energy improvements, PACE programs also create thousands of local jobs for home improvement contractors, renewable energy manufacturing workers and others -recent estimates indicate that more than 10,000 jobs are created for every 100,000 homes retrofitted using PACE financing. It is important that Congress acts immediately to ensure that PACE programs are allowed to flourish in Florida. That is why we are asking you to introduce legislation that restores the promise of PACE financing by guaranteeing the right of state and local governments to form special assessment districts to promote clean energy programs. Thank you very much for your consideration. Sincerely, Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal Advisor/Asst. City Attorney THROUGH: City Attorney DATE: August 2, 2010 SUBJECT: AGENDA ITEM 8 P -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE, DEA ITEM BEFORE COMMISSION This is a State and Local Task Force Agreement between the DEA and the Delray Beach Police Department. BACKGROUND This Agreement is identical to the previous agreement and extends the termination date for another year. This Agreement allows for one officer from the Delray Beach Police Department to join the DEA Task Force and work under DEA's direct supervision to disrupt the illicit drug traffic in South Florida. The Delray Beach Police Department will continue to pay the officer's salary, benefits and overtime. the DEA will, subject to the availability of funds, reimburse the Delray Beach Police Department for overtime up to $17,202.25. Also attached to the Agreement is the Certification regarding lobbying and drug free workplace requirements. This form insures that the Delray Beach Police Department maintains a drug free workplace and does not use federal funds to lobby any official or employee for Federal grants or agreements. It also maintains that we have not been criminally or civilly charged with any of the enumerated offenses by a government agency. FUNDING SOURCE DEA and the Delray Beach Police Department. RECOMMENDATION City Attorney's Office recommends approval. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 5 88&MeetingID=268 8/ 13/2010 STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 30th day of September, 2010, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Delray Beach Police Department (hereinafter "DBPD"). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the South Florida area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach Task Force, the DBPD agrees to detail one (1) experienced officer to the west Palm Beach Task Force for a period of not less than two years. During this period of assignment, the. DBPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The DBPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The DBPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the West Palm Beach Task Force, DEA will assign five (5) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and state: (1} the percentage of the total cost of the program or project which will be financed with Federal money and (2} the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be from the date of signature by representatives of both parties to September 34, 2021. This agreement may be terminated. by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within. 9D days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by DBFD during the term of this agreement. Far the Drug Enforcement Administration: Mark R. Trouville Special Agert in Charge Date: For the Delray BA Police Department Date: Q '1 ~~~U~l~ //1 Anthony St is se Chief (1) Abide by the terms of the statement; and (2} Notify the employer in Lvriting of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying, the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d}{2} from an employee or otherwise receiving actual notice of such convic- tion. employers of convicted employees must provide notice, indud;ng position title, to Department of Justice, Office of Justice -Programs, ATTN: Control Desk. 633 Indiana Avenue, N.W., Washmgion, D.C. 20531. Notice sha0 include the iden- tification number(s) of each affected grant; (fj Taking one _ of She following actions. ~^~ithin 30 calendar days of receiving notice under subparagraph (d}(2), with respect to any employee who is so convicted- (1} Taking apppropriate personnel action against such an employee, up fo and including termination. consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2} Requiring such employee to .participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, taw enforce- ment, or other appropriate agency; (g} Making a goad faith effort to continue to maintain a dru - ree workplace through implementation of paragraphs (a}, {b~, (c}, (d}, (e), and (f}. 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) blest Palm Beach Resident dffice 1818 S. Australian Avenue blest Palm Beach, FL 33409 Check if there are r;arkptace on fife that are not identified here. Sec#ian 67, 630 of the regulations provides, that a grantee that is a State may elect to make one certification in each Fed~rat fiscal year. A copy of which should be included with each ap- plication for Dep~artment of Justice funding. States and State agencies may elect to use OJP Form 405117. Check if the State has elected to complete OJP Farm 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS? As requ,red by the Drug Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for ggrantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture, dstribution, dspensing, posses- sion, or use of a controlled substance in condition any actiuity uiith the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of anyy grant activity, I wiA report the, conviction, in venting, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duty authorized representative of the applipnt, 1 hereby certify that the applicant Witt comply with the above certifications. 1. Grantee Name and r",ddress: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, F1 33444 2. Application Number andlor Project Name West Palm Beach Task Force 3. Grantee IRS;Vendor Number 4. Typed Name and Title of Authorized Representative Chief Anthor;y SLriane e 5. Signature ^ ~4i?~~(d 6. Date Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Mananger DATE: August 5, 2010 SUBJECT: AGENDA ITEM 8 Q -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 STATE HOMELAND SECURITY GRANT SUBRECIPIENT FUNDING AGREEMENT ITEM BEFORE COMMISSION This item is before the Commission for authorization to accept the State Homeland Security Grant Subrecipient Funding Agreement. BACKGROUND Delray Beach Fire-Rescue has been a state funded Hazardous Materials Response Team for the past seven years, working under the State Homeland Security Grant Subrecipient Funding Agreement. This agreement allows us to maintain the State funded equipment with no out of pocket expense to the Fire Department or City. Additionally, the agreement provides for training. We would not have the means to send our personnel to this training without this grant funding. This year's agreement is funded at $72,545. This agreement will be very beneficial to the City as well as the Fire-Rescue Department. RECOMMENDATION Staff recommends that we accept Homeland Security grant funds of $72,545. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3606&MeetingID=268 8/ 13/2010 ALEX SINK CHIEF FINANCIAL OFFICER STATE FIRE MARSHAL STATE OF FLORIDA July 15, 2010 Lt. Steven Moews Delray Beach Fire Rescue 501 W. Atlantic Ave. Delray Beach, Fl. 33444 Dear Lt. Moews: Enclosed you will find for execution three originals of the Federal Fiscal Year 2009 State Homeland Security Grant Program Subrecipient Funding Agreement for your community. Please have the three original agreement documents signed on behalf of the local government and return all three original agreements to me in the enclosed self addressed envelope. Upon return, the agreements will be submitted to the Department of Financial Services for execution and one original signed agreement will be returned to you for your records. As a reminder, please do not expend any funds against this agreement until you receive a copy of the executed document. Expenditures made prior to execution by both parties will not be eligible for reimbursement. Thank you for your time and attention to this matter, if you have any question you may send mean e- mail at iohn.kohnke~,myfloridacfo.com or call my office at 850-413-3b11. Sincerely, ~ ~~~ John P. Kohnke Domestic Security Coordinator purchase. Requests for exceptions should be sent to Department's grant manager listed below. Equipment having a value of $1,000 or more must have an asset identification number provided by Subrecipient indicating the equipment was purchased with State Homeland Security Grant Program (SHSGP) funds; (d) Maintain equipment purchased. Only equipment purchased with DHS grants funds may be sustained with these grant funds, as appropriate; (e) Assure all training conforms to current FEMAJDHS training guidelines. (f) In the event the Subrecipient requests the Department to make a purchase(s) related to this Agreement on their behalf, a Memorandum of Understanding (MOU) shall be executed between the Department and the Subrecipient, requesting the Department to make such purchases on behalf of the local agency. If approved, the Department will make the purchase and submit the requisite documentation for reimbursement from the Subrecipient's allocated funds. Nothing herein shall require the Department to make the purchase on behalf of the local Subrecipient. (3) Delivery Schedule. The services or other units of deliverables specified in paragraph (2) above shall be delivered or otherwise rendered on behalf of Department in accordance with the following schedule: (a) Readiness shall be on a continuous basis; (b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or Regional Domestic Security Task Force, Subrecipient shall respond to any and all incidents either within its regional response area, or as designated within the State Emergency Response Plan, with all eligible equipment, and any and all other resources which it possesses, for so long as this Agreement remains in effect, or as may be agreed upon under the Florida Domestic Security Strategy Plan. It is understood by both parties that local emergencies and equipment operability will dictate the availability of Subrecipient to respond; (c) For Type II/WMD Hazazdous Materials Teams, compliance with requirements of a Type II/Weapons of Mass Destruction Capable Hazardous Materials Resource, as defined by the Florida Domestic Security Strategy Plan and the Florida Association of Hazardous Materials Responders (FLAHR) typing document, shall be on a continuous basis; (d) For USAR Task Forces, in compliance with requirements of a Type I, II or III USAR Task Force as defined by the Florida Domestic Security Strategy Plan and the Florida Association of Search and Rescue (FASAR) typing document, shall be on a continuous basis; (e) For MARC Units, compliance with requirements for deployment shall be according to the State Emergency Response Plan. MARC unit Subrecipient must complete an annual inventory on the appropriate forms as part of this Agreement; (f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at all times. {4) Funding/Consideration. (a) This is acost-reimbursement Agreement. Subrecipient shall be reimbursed for costs incurred during the perfonnance period in the satisfactory performance of work hereunder in an amount not to exceed the amount set forth in Attachment A and subparagraph (b) of this paragraph, subject to the availability of funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief 2 discretion under extenuating circumstances if the completion of services and other units of deliverables to date, has first been accepted in writing by Department's grant manager. (5) Funding_Period. This Agreement begins on the date of the last signature below and ends Apri130, 2012. In the event the ending date is extended by the SSA, the ending date of this Agreement will be extended automatically upon written notice to the Subrecipient by the Department and become the new ending date of this Agreement without further amendment. (6} Agreement Modification. Either party may request modification of the provisions of this Agreement. Except as provided in paragraph (5) above, changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (7) Suba~reements. If Subrecipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to Department for review and approval prior to execution of the subcontract by Subrecipient. Subrecipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold Subrecipient, Department, and SAA harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in a quarterly report submitted by Subrecipient. For each subcontract, Subrecipient shall provide a written statement to Department as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (8} Recordkeepin~ (a) As applicable, Subrecipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circulaz No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State~and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on acost-reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow Department or its designee, Chief Financial Officer, and Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to Department's designee, Chief Financial Officer, and Auditor General upon request for a period of five yeazs from the date the audit report is issued, unless extended in writing by Department with the following exceptions: 4 required. In the event that Subrecipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit must be paid from Subrecipient resources obtained from other than federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d} above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Subrecipient directly to Department's grant manager listed below, and each of the following: The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.usl and Division of Emergency Management Finance and Administration 2555 Shumazd Oak Boulevazd Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http•/!harvester census.gov/fac/collect/ddeindex.html and other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circulaz A-133, as revised, Subrecipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to Department's grant manager listed below. (g) Any reports, management letter, or other information required to be submitted to Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Subrecipient, when submitting financial reporting packages to Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to Subrecipient in correspondence accompanying the reporting package. 6 (12) Liabili (a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold Department and SAA harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of Department or the SAA, but is an independent Subrecipient. (b) If Subrecipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, Subrecipient agrees to be fully responsible to the extent provided by Section 768.28, Florida Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits against Department or SAA, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by Department or any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or Agreement. (13} Default. If any of the following events occur ("Events of Default"), all obligations on the part of Department to make any further payment of funds hereunder shall, if Department so elects, terminate and Department may, at its option, exercise any of its remedies set forth in paragraph fourteen (14), but Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by Subrecipient in this Agreement or any previous Agreement with Department shall at any time be false or misleading in any respect, or if Subrecipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations there under, (b) If any material adverse change shall occur in the financial condition of Subrecipient at any time during the term of this Agreement, and Subrecipient fails to cure said material adverse change within 30 days from the time the date written notice is sent by Department; (c) If any reports required by this Agreement have not been submitted to Department or have been submitted with incorrect, incomplete or insufficient information, or (d) If Subrecipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (14) Remedies. Upon the happening of an Event of Default, then Department rnay, at its option, upon thirty (30) calendar day's prior written notice to Subrecipient and upon the Subrecipient's failure to cure within said thirty (30} day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that Subrecipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the notification of termination. Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, Subrecipient shall not be relieved of liability to Department by virtue of any breach of Agreement by Subrecipient. Department may, to the extent authorized by law, withhold any payments to Subrecipient for purpose ofset-off until such time as the exact amount of damages due Department from Subrecipient is determined. (1~ Notice and Grant Administration. (a) Department's grant manager is John P. Kohnke, located at 325 John Knox Road, Atrium Bldg., Tallahassee, Florida 32303. (b) Subrecipient's grant manager is listed on the signature page of this agreement. (c} All written and verbal approvals referenced in this Agreement must be obtained from the parties' grant managers or designees. Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified mail or receipted courier, electronic or facsimile transmission, and shall be deemed received on the date received or the date of the certification of receipt. (d) In the event that different grant managers are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be tendered as provided in subparagraph {c) above. (17) Complete Agreement. This Agreement and its Attachments incorporated herein by reference, contain all the terms and conditions agreed upon by the parties. (18) Attachments are as follows: (a) Attachment A Proposed Program Budget and Budget Detail Worksheet, and its subparts, consisting of: Al -Scope of Work; A2 -Program Statutes and Regulations; A3 -Warranties and Representations; A4 -Certification Regarding Debarment, Suspension, Ineligibility, and AS -Statement of Assurances. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (19) Repayments. All refunds or repayments to be made to Department under this Agreement are to be made payable to the order of "Department of Financial Services," and mailed directly to Department at the following address: Department of Financial Services Accounts Receivable 200 Gaines Street Tallahassee, Florida 32399-0333 10 a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Subrecipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within afive-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or Local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery; bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in subparagraph {g)2., of this certification, and 4. Have not within afive-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where Subrecipient is unable to certify to any of the statements in this certification, such Subrecipient shall attach an explanation to this Agreement. In addition, Subrecipient shall submit to Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (within Attachment A) for each prospective subcontractor which Subrecipient intends to fund under this Agreement. Such form must be received by Department prior to Subrecipient entering into a contract with any prospective subcontractor. (h) Department reserves the right to unilaterally cancel this Agreement for refusal by Subrecipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by Subrecipient in conjunction with this Agreement. (i) The State of Florida will notvntentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act {"INA")]. Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by Subrecipient of the employment provisions contained in Section 274A(e) of the ]NA shall be grounds ,for unilateral cancellation of this Agreement by Department. (j) Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subconnmittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. 12 into. Submission of this certification is a prerequisite far making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (23) Copyri~ht, Patent and Trademark. ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA. (a) If Subrecipient brings to the performance of this Agreement apre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, Subrecipient shall refer the discovery or invention to Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material aze produced, Subrecipient shall notify Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by Subrecipient to the State of Florida. (c) ~ Within thirty (34} days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. Department shall then, under paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (24) Assurances. Subrecipient shall comply with all Statements of Assurance incorporated in Attachment A5. (25) Leal Authorization. Subrecipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the terms of this Agreement. 14 Attachment A Budget and Scope of Work Proposed Program Budget y; Below Is a general budget which outlines eligible categories and (heir allocation under this award. The Subrecipient is to utilize the approved FY2009 Domestic Security Project Templates for each respective Issue as the guide for eligible reimbursement 8> Ali equipment approved for purchase in accordance with FY2009 Domestic Security Project Templates must be on the FY 2009 Authorized Equipment List (AEL) and indude that reference number on ail reimbursement requests. The AEL can be found at httos:l/www.rkb.us. ~ The transfer of funds between the categories fisted in the "Proposed Program Budget' is strictly prohibited. b$ The approved FY2009 Domestic Security Project Templates do not provide for the use of Management and Administration costs by the Sutxecipient. Planning I $ 0.00 State Homeland Security Grant City of Delray Beach Fire Program -Issues 8 & 10 Rescue Training Issue 10 - Sustainment of Training for I $25,600 LTRT, USAR & Hazmat Exercise ~ $ 0.00 Equipment Issue 8 - Sustainment of USAR and HazMat $46,945 Equipment Total ~ $72,545 16 Anna nn~h+a„air-p costs for Hazmat Eauipment Issued from ODP Funds rt# P Vendor QTY Ea. Annual Cost s r Device Item ction Kits t t i D P AEL# 0760-01-PTST a BioCheck 20/20 Gene S stems 24 $24.75 $594.00 1 20/20 Gene e e n e ro Smith Detections 4 $25.00 $100.00 1 APD 2000 Wi a down test 07CD-Ot-DPSI 1 00 $850 00 $850 1 APD 2000 Warranty ( arts, labor, & retum) 21GN-OD~iIAIN Smith Detections . 0 . 00 $25 t APD 2000 Radiolo iczl License Fee 21GN-00-MAIN De t of Health BRC t ti ns ith D 1 2 $25.0 $25 00 . $25.00 2 APD 2000 Nozzle filters 07CD-01-DPSI ec o e Sm . $56 23 46 5116 2 CDS Kit ColormetricTube. Ino anirs 07CD-01-KCTC 8101735 Dra er D 4 4 . 23 $58 . $116 46 2 CDS Kit Colormetric Tube, O anic 07CD-01-KCTC 8101770 ra er 4 . $199 00 $398.00 2 CDS Kit Colortnetric Tube, CD Set I 07CD-01-KCTC 6103140 Dra er D 4 . $199 00 $398.00 2 CDS Kt Colonnetric Tube, CD Set V 07CD-01-KCTC 8103200 ra er 7 . $402 00 $201.00 2 CDS Kit it ' H Batte pack maintenance 10BC-00-BATT 21GN-00-MAIN Dra er 1 . $2,000.00 $2,000.00 1 1 e a s Hazcat Chemical various rea ents 07CD-01-KCTC Haz Tech S stems 1 $200.00 00 $2 000 $200.00 00 $2 000 1 Hazmat Cad Annual maintenance 21GN-00-N1AIN MSA 1 2 , . $60 00 , . 00 $60 2 Hazmat Cad NiCad Batte Padc 10BC-00-GATT NP F330 Son DOD 2 . 00 $573 . $1 146.00 1 Immunoassa Kit HHA Presum five Test Kils (bx) 07BD-01-KFAS DOD . $20 00 , $40 00 1 HP 450 Black cartrid a 04HW-01-INHW c6656 HP HP 2 2 . 00 $36 . $72.00 1 HP 450 Tri-color car[rid e 04HW-01-INHW c6657AN 2 . 00 $53 00 $53 2 HP 450 Lithium Ion Batte for rioter dl f L i 04HW-01-INHW 21GN-00-MAIN c8222A HP Ludlum Measurements Inc 1 . $300.00 . $300.00 1 3 Ludlum M256 um u Calibrat on o M256 Kit 07CD-01-M256 55851 Thermo Fisher 2 $171.73 $114.49 1 MGP Radiolo ical CR2477 batteries 106C-00-SATT CR2477 Thermo Fisher 16 2 $9.81 000 00 $10 $156.96 000.00 $20 1 MSA Satesite ") Warranty (parts, labor, retum 21GN-00-MAIN MSA 4 , . 00 $250 , $500 00 2 MSA Safesite ^) additional sensors 21GN-00-MAIN MSA MSA 4 . $312 00 . 246.00 $1 1 MSA SafesRe (" Calibration ases 07CD-01-DPMG . 159 00 , 00 $159 3 MSA Sirius Lithium Ion Batte Pack 07CD-01-DPMG MSA 3 $ . 00 300 . 00 $300 3 MSA Sirius '" PID sensor 07CD-01-DPPI MSA MSA 3 3 . $ 00 $650 . $1,950.00 1 MSA Sirius " vvarran 21GN-00-MAIN 21GN-00-MAIN MSA 2 . $229.00 $458.00 1 3 MSA Sirius ) PAPR Calibration ases NfCad Batte Pack tOBC-00-BATT various 8 $210.00 $560.00 1 PAPR FR57 fitters 01AR-02-PAPR Thermo Fisher 48 $30.41 $1,459.68 1 Sa hire Expedited Repair Service 21GN-00-MAIN 81020-F~CRP Thermo Fisher 1 $560.00 $560.00 00 62 1 Sap hire sam Iin hose 07CD-01-FTIR CR015AB Thermo Fisher 2 1 $41.00 00 $119 . $ 00 $119 1 1 Sa hire Sa hire Zero Air 105E glibration as Methane 100PPM calibration as 07CD-01-FTIR 07CD-01-FTIR Thermo Fisher Thermo Fisher 1 . $119.00 . $119.00 2 Sapphire Miran Batte 106C-00-BATT CR014GZ Thermo Fisher 2 $399.00 $399.00 2 Sa hire He a Filter 07CD-01-FTIR North 12 $6.00 $7 00 $36.00 00 $21 2 Sap hire Charcoal filler 07CD-01-FTIR 75sc North 6 1 . $1 000 00 . 000.00 $1 1 shi pin irei hU insurance 07CD-01-FTIR A 1 , . 00 $1 000 , $200.00 5 Therm. Ima. Cam Warrant arts, labor, return 21GN-00-MAIN us V rt 2 , . $100 00 $100.00 2 Therm. Ima. Cam NiMH Batte Pack 07SE-01-IHTS V217 a a Fi h Th 2 . 00 $119 $238.00 t Thereto/ MSA Isobut lone 100PPM calibration as 07CD-01-FTIR er s ermo i 1 . 000 00 $5 $5 000.00 1 Travel IR Partnershi Pro rams 1 r. 21GN-00-MAIN ons Smith Detect . , , ATTACHMENT Al Scope of Work Funding is provided m perform eligible activities as identified in the Domestic Homeland Security -Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2009 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each gtegory below: 1. Categories and Other Eligible Activities A. Equipment Acquisition FY 2009 SHSP funds may be used for equipment acquisition in accordance with the approved funding identified in the FY2009 Domestic Security Project Templates, as assigned for each equipment category Issues, from the 21 equipment categories listed in the FY 2009 Grants & Training (G&T} Authorized Equipment List (AEL). The FY 2009 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at httosJJwww.rkb.us. The equipment Issues are ouilined below. Specific Issues as described below are included in this Category Issue 08 - USAR and HazMat Sustainment This project funds the sustainment effort of the 7 USAR Task Forces and 29 Regional HazMat Teams. Sustainment is identified as the replacement of like items, from approved equipment caches, which were previously purchased with similar grant funding. The FY2009 Domestic Security Project Templates further identify items approved for sustainment from the following lists: Issue 18 - MARC Unit Sustainment and Maintenance This project funds the procurement of equipment items necessary to keep Mutual Aid Radio Cache units in an operational state. Only items found on the approved project funding templates (as identified in Attachment A) are eligible for purchase in accordance with this Issue. B. Training Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Specific Issues as described below are included in this Category Issue 10 -LTRT, USAR and HazMat Sustainment Training This project funds specialized response teams to Vain members in approved Vaining programs. The funding will alkrvv the Type Il WMD Regional HazMat Teams and USAR Task Forces, <RT to complete critical operational proficiency training. Authorized training includes the following: l~vertime and Backflll costs, as defined in this guidance, associated with attending or teaching FEMA- sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local govemment and has the approval of the State or the awarding agency, whichever is appligble. In no case is dual compensation allowable. That ls, an employee of a unit or govemment may not receive compensation from both their unit or agency of govemment AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm}, even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA}, Workers' Compensation and Unemployment Compensation. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. CertificatioNRecertification of Instructors is an allowable cost States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student teaming. This is particularly important for those courses that involve training of trainers. 18 E. Monitoring: Florida Department of Financial Services US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local gpability and capadty to prevent, prepare and respond to terrorist threats since 1999 through various funding sources induding federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Department of Financial Services has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a Subredpient's compliance with apptipble state and federal guidelines. The Department is responsible for monitoring the programmatic and capability.portion of the grant to indude equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods induding desk monitoring and site visits. There are two primary areas reviewed during monitoring activities -finandal and programmatic/capability. Fnandal monitoring is the review of records assodated with the purchase and disposition of property, projects and Agreement. Capability review is the observation of equipment purchased, protocols and other assodated records. Various levels of finandal and programmatic review maybe accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technipl assistance between the Department and the Subrecipient via e-mail and telephone. Site visits are defined as actual visits to the SubredpienYs location by a team or members of the Department or its designee, to actually observe records, procedures and equipment Frequency of annual monitoring activity: Each year the Department will identify up to 50% of Subredpients for site visit monitoring. Examales of areas that may be examined include: Status of equipment purchases Status of training for purchased equipment Status and number of response trafnings conducted to include number trained Status and number of exercises Status of planning activity Antidpated projected completion Spedfic difficulties completing the project Agency NIMS compliance documentation In certain dreumstances, the Subredpient may be requested to provide additional monitoringrnformation if the activity, or lack there of, on the part of the spedfic Subredpient has generated questions from the region, the SAA or the Department. The method of gathering this intormaton will be determined on a case-by-case basis. Desk monitoring is an on-going process. Subredpients will be required to partidpate in desk top monitoring on an annual basis and as determined by the Department. The Subredpients will complete and submit the desk top monitoring within 30 calendar days of receipt This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the Department determines that a Subrecipient is having difficulty completing projects. As difficulties/defidendes an: identified, the respective region or SAA will be notified by the Department via email. Information will include the Subredpient name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the Department level. Issues that require further TA will be refereed to the SAA for assistance. Examples of TA include but are not limited to: - Equipment selection or available vendors D Eligibility of items or services - Coordination and partnership with other agencies within or outside the region or discippne. Site Visits Site visits will be conducted by the Department or designee. Site visits will be scheduled in advanced with the Subrecipient grant manager designated in the grant agreement. Monitoring questionnaires will be provided In advance of the visit 20 IV. Programmatic Point of Contact Grant and Programmatic Point of Contact John P. tCohnke, 200 East Gaines Street, Tallahassee, FL. 32399-0340 (850)413-3611 - John kohnke(a~myfioridacfo.com V. Agreement Responsibilities The Department shalt determine eGgitrility of projects and approve changes in scope of work. The Department shall admthister the finanaal processes. 22 ATTACHMENT A3 Warranties and Representations Financial Management Subrecipient's finarcial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this projector program. {2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Subrecipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. {4} Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (b) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids.and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Subrecipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be rejected when it is in the Subrecipient's interest to do so. Codes of conduct. The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The 24 ATTACHMENT A4 Contractor Covered Transactions (1) The prospective contractor of the Subrecipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transacfion by any Federal department or agency. {2) Where the Subrecipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: sy: Signature Name and Title Street Address City, State, Zip Date Subrecipient's Name Department Grant Number 26 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of aEl contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and . Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789{d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) {1990); Title lX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due. process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. . 14. It will provide an Equa! Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (SUBRECIPIENTS OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 28 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 R -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY II (TIGER IIl GRANT ITEM BEFORE COMMISSION This item is before the Commission for approvaUauthorization for the submittal of a Transportation Investment Generating Economic Recovery II (TIGER II) grant application and for Mayor to a sign letter indicating that City will abide by Federal wage rates. BACKGROUND The Department of Transportation has filed a Notice of Funding availability (NOFA) for supplemental discretionary grants for capital investments in surface transportation infrastructure under the American Recovery and Reinvestment Act (ARRA). The Department is referring to these grants as "Grants for Transportation Investment Generating Economic Recovery II" (TIGER II). Grant applications are due August 23, 2010. Within this new Federal grant application, the City is requesting $10.742 million to be combined with other previously provided federal and private funding to support the construction of this public-private project (Total Project Cost $17.492 million), which will fund various projects that will provide for Livable Economic Opportunities that Provide for A Revitalized Delray (LEOPARD). Specifically, this funding would support: US Highway 1 Safety Modifications -reduces the number of lanes down from 3 to 2 from SE 10th Street to George Bush Boulevard, which would promote more economic activity along the corridor, contribute to better safety measures for pedestrians and other vehicles (which was proven within our year-long study) and promote alternative transit opportunities (i.e., downtown trolley and countywide public bus system, biking, walking, etc.). Martin Luther Kin~(MLK) Modifications -Phase II -improve signalization and enhance the http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3639&MeetingID=268 8/ 13/2010 From: 1J5d1S104 ro: Kalcalt;k.Ba0dd1 4; andr. R4ha~d SubJed: U.S, 6prlIGEA ~ Grant Pre-ApplaOan - lNabk Eomomk OppartunNles far a Rerlblhed... pate; rnu,sday, August 12, 1010 10;00:93 AM Turn on more accessible mode Skin to main content l Ic D partment of Tran~nortation Tiger II Pre-Ap lip cation Welcome delra eachfl ~ ®~ ~l.~ TNs Site: US Department of Transportation Tiger II Pre-AppllmHon Department of ~Tran~portation Tiger II Pre- Annlication ~, Home US DefLrtment of Transportation Tiger II Pre-An IicR ation > 1 Lc DOT TI ~ R II Grant Pre-An liD cation > Livable Economic Opportunities for a Revitalized Delray (LEOPARD) tJ S DOT TIGER II Grant Pre-Al2 i a ion: Livable Economic Opportunities for a Revitalized Delray (LEOPARD) Project Name Livable Economic Opportunities for a Revitalized Delray (LEOPARD) Application ID delraybeachfl-0385 Was a TIGER I Yes, and the application for TIGER II funding will have application material differences from the application submitted for TIGER I submitted for this project? DUNS 077283737 Applicant / Gty of Delray Beach, Florida Organization Name Applicant / Randal L. Krejcarek, P, E, Organization Contact Person Applicant / 561-243-7322 Organization Contact Business Phone Number Applicant / grantses(laci.delray_beach.fl.u_s Organization Contact Business E-mail Applicant / 434 South Swinton Avenue Organization Contact Business Street Address Applicant / Delray Beach Organization Contact City Cities Impacted ~I~Y Beach by Proposed Project Counties Palm Beach County Impacted by Proposed Project Primary FL-FLORIDA Proposed Project State Additional Project State (1) Additional Project State (2) Additional Project State (3) Additional Project State (4) Additional Project State (5) Additional Project State (6) Primary FLORIDA - 22nd District Congressional District Additional FLORIDA - 23rd Dlstrid Congressional District (1) Additional Congressional District (2) Additional Congressional District (3) Additional Congressional District (4) Additional Congressional District (5) Additional Congressional District (i5) Additional Congressional District (7) Additional _ .._ , DELRAY BEACH ~~ , 100 N.W. tsl AVENUE DELRAY F3EACIi, FLORIDA 33444 561/243-7000 All•America City ~ r 1993 2001 17 Aug 2010 Raymond H. "Ray" LaHood Secretary of Transportation U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Dear Secretary LaHood: I am writing to assure the U. S. Department of Transportation that the City of Delray Beach, Florida, will abide by the "Davis-Bacon Act" PUBLiC LAW 107-217-AUG. 21, 2002, as amended) for all aspects of this federal funding opportunity. The City of Delray Beach, Florida, appreciates this funding opportunity to assist in improving the overall quality of'life within our community and to continue our efforts to make the City of Delray Beach a better place to live, work and play! Thank you in advance for your continued support and consideration of our TIGER II grant request. Sincerely, Nelson S. "Woodie" McDuffie Mayor cc: City of Delray Beach City Commission David T, Harden, City Manager ~ERVICE P" ERFORMANCE IN~f-EGRITY ~ESPONSTBLE INNOVATIVE ~EAMWORK Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 8.S. -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 AREA AGENCY ON AGING FOR SENIOR IMMUNIZATION PROJECT ITEM BEFORE COMMISSION This item is before the Commission for approval for the City of Delray Beach through our Fire-Rescue Department to partner with the Area Agency on Aging for the Senior Immunization Project. BACKGROUND Palm Beach County has a large population of low-income high-risk senior citizens that aze vulnerable to influenza and pneumonia illnesses during the fall and winter months. Because of this, the Area Agency on Aging (AAA) and local fire-rescue departments paztner annually to provide immunization clinics at strategic locales, reaching many citizens that are normally underserved. The Delray Beach Fire-Rescue Department has been participating in this annual outreach event since 2002. Paramedics have been instrumental in the success of the program by administering inoculations to those at the clinic sites as well as going directly to the on-site apartments of residents that aze physically unable to transport themselves to the mass vaccination azea. The program has benefitted the elderly and low- income populations and prevented any large scale outbreak amongst the targeted population. There is no direct cost to the City for participating in this porgram, but it does require a commitment of Fire-Rescue Department staff time. RECOMMENDATION Staff recommends that the Commission approve the attached agreement. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 657&MeetingID=268 8/13/2010 I ' 1 ' aaa Your Aging Resource Center August 2, 2010 Serving seniors and their caregivers *Palm Beach *Martin *St. Lucie *Indian River *Okeechobee Counties Victor Williams, Division Chief -EMS City of Delray Beach Fire Rescue 501 W. Atlantic Avenue Delray Beach, FL 33444 Dear Chief Williams, RE EIVED y~~~afl On behalf of the seniors in Palm Beach County, we would like to thank the paramedics of Delray Beach Fire Rescue who have participated in the Senior Immunization Project. The Area Agency on Aging, Your Aging Resource Center, is in its ninth year of managing this community collaborative project and the needs continue to grow. It is now time to renew the partnership between our agency and the City of Delray Beach for another three years' commitment to our seniors. Please review and forward the attached Memorandum of Understanding to the appropriate officials for their approval. We hope that you and the paramedics of Delray Beach Fire Rescue will be able to continue to provide this valuable and worthy support to the program. If you have any questions, please do not hesitate to contact me. Sincerely, Joan DeVaughn, Project Director Caring Connections Palm Beach Office 4400 North Congress Avenue West Palm Beach, FL 33407 (561) 684.5885 * Fax (561) 214.8678 Elder Helpline 1.866.684.5885 www.YourAgingResou rceCenter.org UF.PARTA1tNT OF ELDER AFFAIRS STATE OF FLONIDA Treasure Coast Office 1100 SW St. Lucie West Blvd, Ste 103 Port St. Lucie, FL 34986 (772) 467.0008 * Fax (772) 467.0371 Your Aging Resource Center will: 1. Coordinate the procurement of vaccines and supplies from the Health Care District Pharmacy and deliver to the paramedics at each clinic site on the day of the scheduled clinic. 2. Ensure vaccines are handled and stored at Your Aging Resource Center in accordance with safe practices and procedures prescribed by Palm Beach County Health Department. 3. Target vaccination outreach efforts to low-income, underserved and/or at-risk older adults 60 and older and their caregivers. 4. Secure host sites for individual clinics in coordination and consultation with the City of Delray Beach Fire Rescue; promote the vaccination campaign within participating senior communities; and arrange for paramedics to administer vaccinations. 5. Ensure that vaccinees complete all required forms in accordance with HIPPA guidelines and receive current language-appropriate Vaccine Information Statements as prescribed by the Center for Disease Control prior to receiving vaccinations. Termination/ Extension: This Memorandum of Agreement is subject to termination, prior to its expiration, upon either party delivering to the other party written notice of intention to terminate this agreement, which will become effective immediately thereafter, or later upon written mutual agreement of the parties. This Memorandum of Agreement may be extended beyond the initial period upon written mutual agreement of the parties. Governing Law: This Memorandum of Agreement will be interpreted and construed in accordance with and governed and enforced by the laws of the state of Florida. This Memorandum of Agreement constitutes the sole and exclusive understanding and agreement between the parties with respect to the subject matter hereof, and shall not be modified except in writing by the parties. In Witness thereof, the parties have executed this Agreement this day of 2010. City of Delray Beach Area Agency on Aging/Palm Beach Treasure Coast, Inc. Jaime Estremera-Fitzgerald Chief Executive Officer Date Date Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 T -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 2 2010 THRU AUGUST 13, 2010 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of August 2, 2010 through August 13, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meetin og f Au ug st 11, 2010 1. Approved (6 to 0, Scott Porten absent) a Class I site plan modification associated with the installation of a fabric awning for Theo's Gift, located on the north side of East Atlantic Avenue, east of NE 1St Avenue (111 East Atlantic Avenue). 2. Approved (6 to 0, Scott Porten absent), a Class I site plan modification associated with the painting of a mural on the front and sides of the Kevro Art Bar building, located on the west side of SE 2nd Avenue, north of SE 2nd Street (166 SE 2nd Avenue). RECOMMENDATION By motion, receive and file this report. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3642&MeetingID=268 8/13/2010 ° CITY COMMISSION MEETING - _ _,_~,n,~~,~s _:,_::_.._ N AUGUST 17, 2010 I flNEti,~~~ , ~- PLANNING AND ZONING LOCATION MAP i rw,PHrc scntE DEPARTMENT -- D/GITAL B4SE AuP SrS7FM -- MAP REF: S:\Plonning & Zoning\DBMS\File-Cab\CC-DOC\8-17-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Barcinski, Assistant City Manager Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: August 6, 2010 SUBJECT: AGENDA ITEM 8 U 1 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PURCHASE AWARD/FAST-DRY COURTS ITEM BEFORE COMMISSION City Commission is requested to approve award to Fast -Dry Courts for the annual clay court resurfacing, fence installation and repair, including the purchase and installation of two (2) portable canopies (shade structures) in the amount of $65,760 for the Delray Beach Tennis Center and the Delray Beach Swim & Tennis Club per quote dated 07/08/2010. BACKGROUND Court maintenance includes: cleaning, removal of old lines, nails and other excess materials, applying surface material on clay courts one (1) through five (5) at the DB Swim & Tennis Club using laser guided grading equipment to re-establish the precise court slope, water, roll as needed, re-apply court lines and secure. Also included is the following: furnish, install and repair fencing on hard courts one (1) through six (6) at the DB Tennis Center and clay courts six (6) through eight (8) at the DB Swim Club with green chain fence with green vinyl coated heavy duty mesh; install new green poly coated bottom rail only at courts nine (9) through fourteen (14). The portable canopies are to be placed between hard courts one, two, three and four located in the rear of the Tennis Complex. There are no shade areas in this location at this time. Hard courts retain much more heat that the clay courts and the Tennis Center has received many complaints and comments on this issue. Fast-D Courts Pro Courts Welch Tennis Courts Cla Court Re-surfin $20,000. $23,110. $16,375. Fencin $37,260. $38,396. $51,195. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3610&MeetingID=268 8/ 13/2010 FENCING Tennis Center Hard Courts 1, 2, 3, 4, 5, & 6. Famish and install new 1 5!8" 0. D. PP20 green poly coated bottom rail. Swim Club Clay Courts 6, 7, & 8. Replace ail 10', 3', and 4' green chain link mesh with new green vinyl coated 8 gauge X 2" heavy duty mesh. Replace all hardware and install new 1 518" O.D. PP20 green poly coated bottom rail. Pressure clean fence frame as needed and apply 2 coats of self-priming Sherwin Williams dark green industrial quality paint. A11 removed mesh will be hauled away by contractor. Clay Courts 9, 10, 11, 12, 13, and 14. Furnish and install new 1 518" O.D. PP20 green poly coated bottom rail. CLAY COURT RE-SURFACING Swim Club Re-surface Clay Courts 1, 2, 3, 4, and 5. Clean courts and remove ofd lines, nails, and excess dead material to contractors provided dumpster. Apply 5 tons of new Har-Tru (Fast-Dry) surface material per each court using laser guided grading equipment to help maintain or re-establish the precise court slope. Water and roll courts as needed. Install 2" herringbone style line tape secured with 3" aluminum nails to USIA spec cations. SHADE STRUCTURES Tennis Center Between hard courts 1 &2 and 3&4, famish and install two (2) removable shade structures 8'X12' in color to match existing ~ C~ ~~~ a~ ~ ~ ©~a ~..~ ~ ~7 Fast-Dry Pro Courts Vli'e{ch $10,680 $8,970 $14,800 $15, 900 $21, 780 $36, 395 $10,680 $20, 000 $8, 500 $7,646 $23,110 Non-Responsive $16,375 Does not include dumpster. $3S5 per extra ton $300 per extra ton $6,490 $10,800 TOTAL PROJECT COSTS $s5,7fi0 $fi7,99fi $78,370 Bob, In regards to a recently submitted Capital package for fencing and clay court work at both the Delray Beach Tennis Center and the Delray Beach Swim & Tennis Club: Clay Court Resurfacing We evaluated our clay court resurfacing requirements and determined that for this year, major clay court resurfacing work was limited to courts 1 through 5 at the Swim & Tennis Club. Next years resurfacing work will most likely be more extensive. Fencin Fencing at both locations is old and in need of work. An evaluation of our fencing at both facilities illustrated safety and structural problems related to a lack of bottom rails throughout a major portion of both fence structures. Currently we have areas where a lack of bottom rails has created a situation where the fence fabric at the bottom has bowed up resulting in a potential tripping or laceration hazard. By adding bottom rails to the areas we are requesting, we will: - Tighten up the bottom fence fabric reducing the potential for injury. - Add up to 5 years life expectancy of the current fence meshing. - Decrease bowing potential of current fence fabric. - Strengthen fence structure by as much as 25% helping weather storms. - Significantly improve aesthetic qualities of facility. Pictures attached will help illustrate safety, structural, and appearance issues related to a lack of bottom rails. Jul 09 't011:33a F~;ST-DRY COURTS $1.5,900 -Replace all 10' and 4` green chain link mesh with new v~yl coated S gauge x 2" heavy duty mesh. Replace all hardware and install new 1-5/8" O.D. PP20 poly coated battom rail {in place of tension wire). Pressure clean fence frame as neeried and apply two (2) coats of selF-priming Sherwin-Williams dark green industrial quality paint. All removed mesh w~l be hauled away by Contractor. Note: You will be responsible for removal and re-installation of windscreens as needed. ~^~ ra Swim & Tennis Courts 4. 111. il, i2. 13, 14 $10,680 -Furnish and install 1-5/8" O.D. PP20 green bottom rail only on the 6 courts. If you have any further questions please contact 804-432- 2994. Sincerely FAST-DRY COUNTS, INC. S~e~~~~ ~~ ~e~~+ STEPHEN N. DETTOR President 9549791335 p.2 /-~ ~" "AltPR1CM7 MFJAItFB ~ . f A'ORTS E(11lAF ASbOC{AT{OY ~` ~onstructio n Resurfacing nnaintenance Supplies ~6) _a~3-~3~v www.fast dry.com wwR~.10-s.corn National: 1-800-X32-299 • Local: (9Sd) 979-3111 • Fax: {9S4) 979-1335 Page 2 of 2 FOR THE SWIM AND TENNIS CLUB: FENCE WORK For courts 8,7,8, 1. We wig remove and discard off site ALL 10' 3' acrd 4'fence mesh from courts 6,7,8. 2. We will pressure clean where necessary the remaining fence framework. 3. We will paint the framework with lwo (2) coatings of Sherwin Williams Industrial Dark Green Self priming paint 4, We will furnish and instag new 1 5/8" OD PP20 poly coated green bottom rail for all the fence an these courts (NOT painted) 5. We will furnish and Install new 8 gauge green vinyl coated fence mesh for these courts. Tha 10' [ehce wig have 2" fence mesh and the 3' and 4' will have 2" fence mash es well usMg ag NEW hardware. 6. We will Gean up aA of our constructor debris The above items 1-6 wits be performed for the sum of $ 21,780.00 COST for the installallon of the PP20 Bottom Rail for cowls 9-14 following all of the above listed specifications will be a 7,sas.oo At this location there is a smell piece of 4' fence with a gate by courts 15 24 that will also be replaced wgh bottom rail added Coat for this area wig be $ 1,475.00(8 gauge) Swim and Tennis Club: TENNIS COURT RESURFACING: We will resurface five (5) tennis courts; courts 1,2,3,4, and 5 We wgl perform the following work items: 1. We will rernovo all the old Iinea and nails from these courts end dispose of oft site. We wiA remove and store on site with the maintenance stag, the Owners tennis nets and center straps. 2. We wig scrape the courts to remove erry °dead' materials, algae and mildew. 3. We wig use our laser guided equipmerd to check Zhe planarity of the existing courts slope. we wgl, as best as possible, move the materials amund to re create as close as possible the original court elope. (to be determined by the original slope guide; the courts cordainment concrete edging) 4. We will furnish and instep + -five (5) tons of Har Tru surface material to each court. This materiel wig be Installed by our laser guided equipment. Once all the materials are In place we will drag a 10' straight edge over the lightty watered new surface, This artll allow for fine tuning of the new surface end eliminate any minor imperfections. 5. We wgl then water and compact the new suAace continuously until the suAace is ready for the lines. 6. We will furnish and install new LEE Herringbone tennis Ilnes anchored by 3" aluminum nails. ALL lines will be hstailed to the specfficatlons of the ASBA, ITF end USTA. 7. We will serape the existing net posts to remove surface rust and any loose paint, then we wig re paint the posts wkh e rust prohlbgive green paint. B. We wip re Install the Owner's tennis nets and center straps. 9. We will clean up ag of our construction detuis and leave the courts ready for play 24 hours attar the nets are installed. The above Items 1-9 wgl be peAonned for the sum of $ 23,110.00 COST for additional Har Tru to be added IF requested by The City will be $ 365.00 PER TON Instaged and laser graded Thank you again in advance for this opportunity. We look forward to woridng with you again in the near future, Sincerety, James Reynolds President Jsrlwcr ~rocourts~ol.com Office Phone (954) 429-0289 Office Feu ~ 95a) a 19-931 Jim's Ceg r« ~3561:553:9r#52 http://us.mg203.mail.yahoo.corn/dc/launch?.partner=sbe&.g~l&.rand=50dt4g0lfss8u 7/14/2010 dispose of approx. 2,130 feet of tension wire (courts 6 thru 14). 2. Scrape (Sand) and paint (industrial grade) Line, terminal poles and railings (two coats) on courts 6, 7&8. 3. Furnish and install approx. 6601ineaz feet often (10') foot high fencing mesh. Install approx. 50 linear feet of four foot (4') high fencing mesh. Install all new hardware (courts 6, 7&8) and approx. 2,130 feet of bottom railing on courts 6 thru 14. 5. All new fencing mesh shall be 8 gauge (1-3/4" green coated wire}. New top and bottom railing shall be one and five eights (1 5/8") SS40 coated green pipe. 6.Owner shall remove and reinstall windscreens on said courts. 5. PRICE: S 39,665.00 NOTE: Option for 2" mesh: S 36,395.00 6. TERMS: 50% down payment with signed contract to schedule court construction. 50% upon completion of entire contract. NOTE: Late payment fees shall accrue daily from, five (5) days, after invoice date on an annualized basis of eighteen percent (18%). Any payments based on AIA schedules will accrue interest from AIA. payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event ofnon-payment, further more, all materials remain the property of Welch Tennis Courts, Inc. and are subject to repossession until payment is received in full from Owner. In no case shall additional insurance requirements delay payment per the terms of this agreement. Welch Tennis Courts, Inc., operates Non-Union, unless otherwise stated in this agreement; any Union related costs shall be borne by the Owner. 7. ESCALATION CLAUSE: "If construction does not begin within 60 days of the contract date or a price increase of material, equipment or energy occurs through no fault of the contractor, the contract sum, time of completion, or contract requirements shall be adjusted equitably by change order. A change in price of an item of material, equipment, or energy will be considered significant when the price of an item increases five percent between the date of this contract and the date of installation." 8. SUCCESSORS: The terms and conditions contained herein shall apply to and bind the heirs, successors, executors and administrators of the parties. 9. ATTORNEY'S FEES: In the event the Contractor pursues any of his remedies under the Mechanic's Lien laws or any other laws of the State of Florida because of the Owner's failure to make timely payment, the Owner shall be responsible for the Contractor's reasonable attorney's fee, interest at the rate of 1-1/2 % per month, and all costs 10. LEAD TIME: Owing to the demand for Welch Tennis Courts and our desire to honor commitments, lead time varies in scheduling court construction. 11. PERIOD OF ACCEPTANCE: This proposal is valid for 30 days unless further extended in writing by the Contractor. Acceptance of this proposal is a final and complete agreement and constitutes a valid and binding contract by both parties. Any changes shall be made in writing. SALES REPRESENTATIVE WELCH TENNIS COURTS, INC. Glenn Booth Date: By: 4. TERMS: SO% down payment with signed contract to schedule court construction. SO% upon completion of entire contract. NOTE: Late payment fees shall accrue daily from, five (S} days, after invoice date on an annualized basis of eighteen percent { 18%). Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event ofnon-payment, further more, all materials remain the property of Welch Tennis Courts, Inc. and are subject to repossession until payment is received in full from Owner. Welch Tennis Courts, Inc., operates Non-Union, unless otherwise stated in this agreement; any Union related costs shall be borne by the Owner. S. ESCALATION CLAUSE: "If construction does not begin within 60 days of the contract date or a price increase of material, equipment or energy occurs through no fault of the contractor, the contract sum, time of completion, or contract requirements shall be adjusted equitably by change order. A change in price of an item of material, equipment, or energy will be considered significant when the price of an item increases five percent between the date of this contract and the date of installation." 6. SUCCESSORS: The terms and conditions contained herein shall apply to and bend the heirs, successors, executors and administrators of the parties. 7. ATTORNEY'S FEES: In the event the Contractor pursues arty of his remedies under the Mechanic's Lien laws or any other laws of the State of Florida because of the Owner's failure to make timely payment, the Owner shall be responsible for the Contractor's reasonable attorney's fee, interest at the rate of I-12 % per month, and all costs 8. WARRANTY: Welch Tennis Courts, Inc. warranty's the completed court(s) against faulty workmanship andlor materials for a period of one year. The warranty period shall commence upon completion of the work and shall only be effective if the contract amount is paid in full. 9. LEAD TIME: Owing to the demand for Welch Tennis Courts and our desire to honor commitments, lead time varies in scheduling court construction. 10. PERIOD OF ACCEPTANCE: This proposal is valid for 30 days unless fiuther extended in writing by the Contractor. Acceptance of this proposal is a final and complete agreement and constitutes a valid and binding contract by both parties. Any changes shall be made in writing. ACCEPTED BY: (OWNER) DATE: Type/Print Name & Title (CO-OWNER) DATE: Type/Print Name & Title n~raysszosw;~..~2osxzm.iaii~.aa vianoio 2. Furnish and install approx. 1680 feet of bottom railing with new hazdwaze. 3. All new bottom railing shall be one and five eights (1 5/8") SS40 coated green pipe. 5. PRICE: $14,800.00 6. TERMS: 50% down payment with signed contract to schedule court construction. 50% upon completion of entire contract. NOTE: Late payment fees shall accrue daily from, five (5) days, after invoice date on an annualized basis of eighteen percent {18%}. Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event ofnon-payment, further more, all materials remain the property of Welch Tennis Courts, Inc. and are subject to repossession until payment is received in full from Owner. In no case shall additional insurance requirements delay payment per the terms of this agreement. Welch Tennis Courts, Inc., operates Non-Union, unless otherwise stated in this agreement; any Union related costs shall be borne by the Owner. 7. ESCALATION CLAUSE: "If construction does not begin within 50 days of the contract date or a price increase of material, equipment or energy occurs through no fault of the contractor, the contract sum, time of completion, or contract requirements shall be adjusted equitably by change order. A change in price of an item of material, equipment, or energy will be considered significant when the price of an item increases five percent between the date of this contract and the date of installarion." 8. SUCCESSORS: The terms and conditions contained herein shall apply to and bind the heirs, successors, executors and administrators of the parties. 4. ATTORNEY'S FEES: In the event the Contractor pursues any of his remedies under the Mechanic's Lien laws or any other laws of the State of Florida because of the Owner's failure to make timely payment, the Owner shall be responsible for the Contractor's reasonable attorney's fee, interest at the rate of 1-1/2 % per month, and all costs 10. LEAD TIME: Owing to the demand for Welch Tennis Courts and our desire to honor commitments, lead time varies in scheduling court construction. 11. PERIOD OF ACCEPTANCE: This proposal is valid for 30 days unless further extended in writing by the Contractor. Acceptance of this proposal is a final and complete agreement and constitutes a valid and binding contract by both parties. Any changes shall be made in writing. SALES REPRESENTATIVE WELCH TENNIS COURTS, INC. Glenn Booth Date: By: George Todd III Sr. Estimator Date: By: Authorized Signature 2 6. TERMS: 50% down payment with signed contract to schedule court construction. 30% payment upon delivery of canopy structure. 20% upon completion of entire contract. NOTE: Late payment fees shall accrue daily from, five (5) days, after invoice date on an annualized basis of eighteen percent (18%). Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event of non- payment, further more; all materials remain the property of Welch Tennis Courts, Inc. and are subject to repossession until payment is received in full from Owner. In no case shall additional insurance requirements delay payment per the terms of this agreement. Welch Tennis Courts, Inc., operates Non-Union, unless otherwise stated in this agreement; any Union related costs shall be borne by the Owner. 7. BUILDING REQUIREMENTS. The Owner shall provide access to the site fortractor- trailers and other vehicles with a weight in excess of twenty tons, provide staked comers of each court battery, provide an area adjacent to the site for storing and preparing materials. The Contractor shall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc.) The Owner shall notify the Contractor, prior to construction, of any water, sewer, electrical or other conduits, which aze located at the court beneath the ground surface or otherwise obstructed from view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of construction. 8. SUCCESSORS: The terms and conditions contained herein shall apply to and bind the heirs, successors, executors and administrators of the parties. 9. ATTORNEY'S FEES: In the event the Contractor pursues any of his remedies under the Mechanic's Lien laws or any other laws of the State of Florida because of the Owner's failure to make timely payment, the Owner shall be responsible for the Contractor's reasonable attorney's fee, interest at the rate of 1-1/2 % per month, and all costs 10. LEAD TIlVIE: Owing to the demand for Welch Tennis Courts, Inc. and our desire to honor commitments, lead time varies in scheduling court construction. 11. PERIOD OF ACCEPTANCE: This proposal is valid for 30 days unless further extended in writing by the Contractor. Acceptance of this proposal is a final and complete agreement and constitutes a valid and binding contract by both parties. Any changes shall be made in writing. SALES REPRESENTATIVE Glenn Booth WELCH TENNIS COURTS, IlVC. Date: July 14, 2010 Date: By: George Todd, III Sr, Estimator By: Authorized Signature/Facility Owner ~xy~xor~,scaocau~smsn.a~acxosn~,u,~cxo~-~o~zo~zez~~i~.oac Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 4, 2010 SUBJECT: AGENDA ITEM 8 U 2 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 CONTRACT BID AWARD / CHAZ EQUIPMENT / SW 12TH AVE ALLEYS ITEM BEFORE COMMISSION Request Commission approval of a contract award to Chaz Equipment for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 in the amount of $564,985.00. BACKGROUND The scope of this project is a key part of the Southwest Area Neighborhood Redevelopment Plan. The plan was initiated as part of an on-going effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify core strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. Improving the alleys and drainage of this area will allow for future development and implementation of the Southwest Area Neighborhood Redevelopment Plan. The alleys are located east and west of SW 12th Avenue and span from just south of Atlantic Ave to SW 3rd Street. The four alleys located east of SW 12th Avenue and the three alleys located west of SW 120i Avenue will be converted from existing dirt alleys to paved alleys with a valley gutter to provide drainage. The storm water that is collected from the alleys will be tied into a dry retention system. The addition of the dry retention is a requirement of the Southwest Area Neighborhood Surface Water Management Study to improve flood management. On September 22, 2009, Commission approved a bid award to H & D Construction Co., Inc. for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 for $479,612.00. Prior to commencement of any work, H & D Construction requested by a letter dated April 6, 2010 to rescind the construction contract due to financial issues and inability to retain support from their bonding company. On May 11, 2010, Commission approved rescinding the contract with H&D Construction, and re-advertising the project using the contractor prequalification selection process. Bids were opened http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 594&MeetingID=268 8/13/2010 CITY OF DELRAY BEACH SW 12th Avenue Alleys -Phase 1 PROJECT No. 2007-013 BID No. 2010-39 (Bid Date 7-22-10) BID TABULATION SHEET ~ot~e>.a-~o. uc nm vy. ~ a i MATHEWS CONSULTING July 26, 2010 Mr. Tim Tack, P.E. Project Manager - ESD/CRA CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 CIVIL ENGINEER S City of Delray Beach Project No. 2007-013 SW 12'h Avenue Alleys -Phase 1 Bid Results (Bid # 2010-391 Dear Mr. Tack: On Thursday, July 22, 2010, at 2:00 PM, bids were received by the City of Delray Beach for the SW 12`s Alleys - Phase I project. Six (6) bids were received as follows: Name of Bidder Amount of Bid 1. Chaz Equipment $564,985.00 2. Rosso Paving & Drainage, Inc. $631,154.30 3. Hardrives, Inc. $632,676.40 4. Sun Up Enterprises, Inc. $683,483.00 5. Foster Marine Contractors, Inc. $854,296.00 6. Miguel Lopez, Inc. $1,186,385.76 We have reviewed the bid proposals submitted by each of the contractors and have found no mathematical error's in any of the bids. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: Chaz Equipment • Acknowledged Addendum No. 1 & No. 2. • Provided Bid Bond (5%). • No mathematical errors on the Schedule of Bid Prices. • Provided Contractor Questionnaire. • They have been pre-qualified by the City for Roadway Construction and Underground Utilities. • This company has provided roadway and/or underground infrastructure utility work previously for the City of Delray Beach. • Company is based in Wellington, Florida. We have contacted references for Chaz Equipment and have received positive feedback. They have the necessary manpower and resources to complete the project on schedule. Mathews Consulting therefore recommends award of the contract to Chaz Equipment in the amount of $564,985.00. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 www.mathewsconsultinginc.com N.W. 3RD ST• ~J N.W E.--,1 ,l ~ i t ~ ii ,i a; ~ ii ~1 ~ ~ ~ ~ ~ i , I tai ~~ ` i 'f. 1 a! I 1 i i ~' n ~ t~ i l 1 ~, P:!W. 2ND S3. `!~AR71N i_UTHcR -- ,' 'p ' ~; ~ . rT~ ~ i ' ~ ~ j t I i i O li ,; ~, ~ ~ i ,; i ~; i+ ST. ~ ~ ~ ( t; ~,, ~~t ~ i ~ I ~j i ~ ,t ~ N.W. i5T ST. ~' ~ A l i ,-~ ~~ ~ 3 3 E I, 1 ~ 2 iz ~ ,~ ~ (z, ~~+ 1, ~ i i i E ~~i ~ f { ~E ~ _._ ~ iv . I - A T L A N T I C A V E N U E 1~ j ~ ~I ,- - ~ I o ~; , :i X1.1 1~~ ~~ ~ ~ i ~ / ~ ~ ~ y ~~ ?; ~ ~ ~ ~ I i~ o ~ I I ~~ ~ a ~~~ s.w. f ~sr s1. ~ i - ' ~.. E 1 ~ _I ~ i~ ~ ~' i ~ I o ( of jr, r ~ i I~~ _ ~ I ~ ~ li (i ~ I f ~ rr' ~ ~ M iN' r ~~ i o 1 ' _ ~ T - ,', ; , m I ; i `~ ~ t ,'l '~ ~ i i ~ i ~ e ' ~ j 1 1 + ~ + I i ~ ~ ~E 1 (( ~ ~. ~ f` ~ SW. 2ND ! ~ L~ .°_ j `- -- ~ 2ND a 1 '~ s i '~ ~ s. W. 2ND C: i I4 .N .I ~i E I~ , ~~Of~ 3 ~ o z i i s'+ o n i \~ J/j ,3 SW. 2ND ~, vi jvil v { I ~{ II i ~ ~! SW. ' ;3RD 5T~ ~~~J U i ,_- - _ i ~1 , ' ~ ; ^D3 o ~ ~' i j1 _ J I-a 1 }~ I I ~ i g ,~ ~~'~'AJ-3RD ~s. t _ _~ r r N ~~ ~ S.W. 3RD CT. ~ ''~ / 1~ I~I `'~ n ~~ ! I ~ ~) 1' I 1 ~~ 'i ii 4 ~ r~~- i i I Z' i~ I ~{ ~ 4 , ~i ~~I d / '. a 0 Ji CITY of DELRAY BEACH SW 12TH AVE ALLEYS PHASE ~ DATE 05/21 /2008 d ENVIRONMEIJTAL SEFMCES DEPARTIu~PfT LOCATION MAP ~ ,94 80UTli BMINTON AVBi~ CI~MY ~l FiAF~A 33~U4 2007-013 ~ OF Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 U 3 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PURCHASE AWARD/DELL/IT DISK STORAGE SYSTEM ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of additional disk storage space for the City's data network in the amount of $63,189.25 from Dell per quote number 552295093, dated 08/10/2010. Pricing per Western States Contracting Alliance Master Price Agreement #250WSCAlOACS dated 10/12/2009 through 08/31/2012. BACKGROUND The network data is growing at an exponential rate with unforeseen growth in all departments along with City wide scanning systems and other data tranfers. The disk storage will be mirrored between City Hall and Police for redundancy and business continuity. FUNDING SOURCE 334-6111-519.64-11 RECOMMENDATION Staff recommends purchase of additional storage space for the City's information network from Dell in the amount of $63,189.25, per quote number 552295093, dated 08/10/2010. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=363 5 &MeetingID=268 8/13/2010 Page 1 of 3 DELL QUOTE #: Customer #: Contract #: j~CustomerAgreement #: Quote Date: Date: 8110110 2:41:08 PM Customer Name: QUOTATION 552295093 1015934 WN05ACA 250WSCA10ACS;B27160 8110!10 CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $63,189.25 Product Subtotal: $63,189.25 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 3 GROUP: 1 QUANTITY: 1 SYSTEM PRICE: $24,070.75 GROUP TOTAL: $24,070.75 Base Unit: Dell EqualLogic PS4000X Mainstream Performance, 10K SAS Drives (224-6075) Processor. 4.8 Terabyte capacity, 8 X 600GB, 10K SAS, Dual Controller, PS4000X (341-9670) Factory Installed Software: Asynchronous Replication (468-7110) Software Dlsk Two: SnapslClones with integration for M5 SQL, Exchange, Hyper V and VMware (468-7155) Feature SAN HQ multi group monitoring software (468-Ti56) Service: Thank you choosing Dell ProSupport. For tech support, visit http:/lsupport.dell.com/ProSupport or call 1-800-9 (989-3439) Service: Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 2 Year Extended (993-8952) Service: ProSupport for rr: 7x24 HW 1 SW Tech Support and Assistance for Certified IT Staff, 3 Year (993- 9072} Service: Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, initial Year {994-4100) Service: Dell Hardware Limited Warranty Extended Year (994-7418} Service: Dell Hardware Limited Warranty Initial Year (994-7427) Service: MISSION CRRICAL PACKAGE: Enhanced Services, 3 Year (994.7508) Service: EqualLogic Advanced Software Warranty and Service,7x24 Access,3 Year (994-7649) Installation: EDT Remote Implementation Design of an EqualLogic Storage Array (994-8897) Installation• • Remote implementation of a Dell EqualLogic Array (to schedule, email US Remote_5ervices~dell.com} (990-0708) Installation: Installation of a Dell Server, Storage or Peripheral Device, EqualLogic MWT (992-2539) Support: Proactive Maintenance Service Declined (926-2979} GROUP: 2 QUANTITY: 4 SYSTEM PRICE: $1,672.15 GROUP TOTAL: $6,688.60 Base Unit: PowerConnect 6224, 24 GbE Ports, Managed Switch, 10GbE and Stacking Capable (222-6710) Service: Dell Hardware Warranty InitlalYR (985-5977) Service: Dell Hardware Warranty, Extended Year(s) (985-5988) Thank you choosing Dell ProSupport. For tech support, visit http:!/support.dell.comJProSupport file://C:\Users\delportill\AppDatalLocal\1VlicrosoftlWindows\Temporary Internet Files\Co... 8/10/2010 Page 3 of 3 www.dell.com/gto (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale-Direct including Dell's U.S. Return Policy, at www.dell.com/returnpolicy#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.comlpartner. If your order includes services, visit www.dell.com/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800-433-8023. Please include your Customer Number. For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset RecoverylRecycling Services, visit www.dell.com/assetrecovery. file://C:\Users\delportill\AppDatalLocal\Microsoft\Windows\Temporary Internet FileslCo... 8/10/2010 WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT for COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES Number 627160 This Agreement fs made and entered into by Dell Marketing L.P., One Del! Way, Mailstop 870$, Round Rode, TX 78682 {"Contractor") and the State of Minneso#a, Department of Adminis#ration ("State") on behalf of the Sta#e of Minnesota, participating members of the National Association of State Procurement officials (NASPt}), members of the Western States Contracting Alliance (WSCA} and other au#horized Purchasing Enti#ies. RECITALS WHEREAS, the State has the need to purchase and the Contractor desire to sell; and, WHEREAS, the State has the authority to offer contracts to CPV members of the State of Minnesota and to other states. - NOW, THEREFORE, in consideration of the mu#ual promises contained herein, the parties agree as follows: INTENT ANO PURPOSE - The intent and purpose of this Agreement is to establish a contractual relationship with equipment manufacturers to provide, warrant, and offer maintenance services on ALL products proposed in their response to the RFP issued by the State of Minnesota. Delivery, support, warranty, and maintenance may be provided by the Contractor using subcontractors. The Contractor agrees to take responsibility for the warranty and maintenance of all products furnished under this Agreement. The Contractor is responsible far the timeliness and quality of all services provided by individual subcontractors. Subcontractor participation will be governed by individual Participa#ing Entities, who have the sole discretion to determine if they will accept services from a subcontractor. Individual Purchasing Entities may enter in to lease agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The Contractor submitted copies of its lease agreements with i#s response to the RFP. The lease agreemen#s were not reviewed Published: February 9, 2003 REQUEST FOR PROPOSAL Page 1 of 38 Pages MANUFACTURES OF PERSONAL. COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western Siate's Contracting Alliance and the National Association of State Procurement Officials Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Joesph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 U 4 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PURCHASE AWARD/PC MALL GOV/IT SWITCH REPLACEMENTS ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of Catalyst 2960 switch replacements with required cables as part of the City's cabling and switch upgrade project from PC Mall Gov in the amount of $17,596.86 per quote number 56033566, dated 08/03/2010. BACKGROUND The replacement switches will increase productivity by providing end users with greater performance with business applications along with a total enhancement of the City's network infrastructure, striving for the goal of 1 gb to the end user desktops and l Ogb to the backbone of the City's system infrastructure. Upgraded switches provides integrated security, including network admission control and advanced quality of services for the City's network system. Quotes PC Mall Gov $17, 596.86 Gov Connection $17, 899.00 Com source Inc. $19,738.00 FUNDING SOURCE 334-3162-545.62-45 RECOMMENDATION http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3638&MeetingID=268 8/13/2010 2 Trap Falls Rd, Suite 503 Duns #: 12-936-5420 Shelton, CT 06484 Tax ID tk. 33-0964088 _ Popular PC Mall Gov contracts: VA-090202-PCMG I VA-040227-PCMG I GSA GS-35F-5946H quotes are valid 15 days from quote dale. Pdces are subject to change vritllout notlce. Sales Rep: Christopher Dale CITY OF DELRAY BEACH A! Contact: Phone: (800)625-5468 xt 5323 ACCOUNTS PAYABLE Ref.: Fax: (310)6303215 100 N W 1ST AVE Quote: S6033566 Einal: christooherda(rpocmallgov com DELRAY BEACH, FL 33444 Date: 8/3/2010 561-243-7318 1 7 CISCO 7994365 REFURB CAT296o 48 ~ I ,u; x ~ a ~ ' 1~,~ no j- 1 ~ ~E;a 00 2 5 GLOBAL MAR 7307193 GE SFP LC CONNECTOR SX CISCO $ 29.99 $ 149.95 3 4 BAFO TECH 7533813 3M LC TO SC MULTIMODE 62.5/125 FIBER CA $ 11.99 $ 47.96 4 2 BAFO TECH 7533812 2M SC TO SC MULTIMODE 62.5/125 FIBER CA $ 9.99 $ 19.98 5 3 BAFO CE 8091235 6M CBL FIBER LC ST-62.5!125 MM DUPLX PV $ 31.99 $ 95.97 ~ouner. urs ~;rtOUnlu Ship-to: ACCOUNTS PAYABLE Sub-total $ 17,596.86 100 N W 1ST AVE Tax $0.00 Shipping F.O.B. $0.00 Total $ 17,596.a6 Remit to: ®~ 1 e ~ PC Mall Gov Inc. Irw ', I'i Flle 55327 ~ Los Angeles, CA 90074-5327 "r' ~ Please make P.O. oul to PC MALL GOV PC MALL GOV Confidential Page 1 of 1 COMPSOURCG INC 3241 Superior Ave. Cleveland, OHIO 44114 Tel: (216) 566-776? Fax: (216) 619-7117 Customer Y OF DELAAY BEACH NORTHWEST 1ST AVE. RAY AEACH,FL 33444 1561) 243-7192 Contact SAFES QIIOTE ~' ------..___`_ __ _---I __l__ SQ-139917 6/3/2010 ~ I II~III ~~~ ~d I~~I !~I p~! ~~ IIII . _. Ship To CITY OF DELRAY BEACH 100 NORTHWEST 1ST AVE. DELRAY BEACH, FL 33944 Tel: (561) 293-7192 A¢¢OUat Terms 6739301 CREDIT CARD ^~_ Quotation ~.--_.'~'^ ~.___~_-...._.~ PO 6 J SQ =139917 - ~ _._.__.___.,.~ -_ :om ,. .. _ Deacriptioa 2832I 1000BSX 850NM SFP MM 9929i REFURB CAT2960 48 10/100/1000 9 869V ZM CBL FO SC SC DUPLX MMF-62.5/I25 TAA C 9583I 3M MME SC/LC CABLE LIFETIME i 37492s CABLES 1'0 GO 6M LC/ST DX 50/125 MM FBR -----.......__._.~..-........__..-_..._..,..______...__ __.___...._.,,...---w.... This quote expires in 15 tlays. Shipping charges, software, memory and custom configured systems are not refundable. 'there is no restocking fee for products returned for replacement within 15 days of invoice. Products returned for refund will be subject to a 15~ restocking fee or more. No refund after 30 days. Returns require an RMA#. RMA# must be on the outside of all packages, and invoice copy. Items must have original box, manuals, software, and packaging materials. We do not guarantee compatibility- Some items have a refer to direct policy, this is due to vendor direct. nue Date Account Rop Schedals Date 8/3/2010 Jordan Olivares 8/3/2010 Reference Ship VIA Page Printed QPS/I'EDEX GROUND 1 ei3/zoio z:oo:aseM Qty Price UM Diecouat Amou 3 538.00 EA 5119. 7 $7.,712.00 EA 518,984. 2 598.00 EA 596. 4 5108.00 EA 54 37.. 3 S29.00 EA S87. 1 f S25.00 EA 525. Tax Details EX-CMPT 50.000 e I 50.00 Tax ~ 50.00 519,738.00 519,738.00 ® ~ S19,738.00 L_..__........ ---~.._.._..... , _. Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, PE, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David Harden, City Manager DATE: August 6, 2010 SUBJECT: AGENDA ITEM 8 U 5 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 CONTRACT BID AWARD / BRANG CONSTRUCTION. INC. /MLK DR, BEAUTIFICATION ITEM BEFORE COMMISSION Request for Commission approval to award a contract to Brang Construction, Inc. the low bidder for the construction of Phase I of the Martin Luther King, Jr. (MLK) Dr. Beautification project #2004- 056 in the amount of $844,890.00. BACKGROUND This project is for the construction of the first phase of beautification improvements along Martin Luther King, Jr. Drive in Delray Beach. This phase encompasses N.W. 2nd Street between N.W. 12th Avenue and N.E. 1st Avenue. Improvements include the following: o Landscaping along the right of way, in the form of curbed planter areas with small trees, palms, shrubs, grasses, and groundcovers; o Low volume irrigation for proposed planting areas; o Low voltage uplighting for proposed small trees and palms; o New sidewalks and sidewalk repair where necessary; o Decorative crosswalks with concrete pavers; o Sidewalk plaques featuring quotes by Martin Luther King, Jr.; o Stone inlay features along the sidewalk to further commemorate Martin Luther King, Jr.and identify the corridor. (Commemorative feature content (verbiage) will be provided by the MLK Beautification Committee) o Two pocket parks, featuring landscaping, seating, paver plaza space, and interpretive graphic displays; o Interpretive graphic displays will be 3-sided and will feature content (verbiage and images) provided by the MLK Beautification Committee. o New decorative columns with signage at the entrance to Pompey Park, incorporating existing entry http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3617&MeetingID=268 8/13/2010 MLK Drive Beautification Bid Comparison -Project No. 2004-56 Bid No. 2010-37 BID TABULATION IN M DESCRIPTION UNIT QN O . 1 Site Mobilization LS 1 2 Maintenance of Traffic LS 1 3 As-Built Record Drawings LS 1 4 Erosion Control LS 1 Clearing and Grubbing, 5 Demolition & Disposal LS 1 Crosswalks -decorative paver 6 style EA 19 5' Wide (4" thick) Concrete 7 Sidewalk LF 1,680 5' Wide (6" thick) Concrete 8 Sidewalk LF 185 Curb Ramps With Tactile 9 Surface EA 46 10 Directional Boring LS 1 11 Open Cut Pavement Repair SF 64 UNIT $30,000.00 $12,000.00 $3,000.00 $1,200.00 $12,000.00 $2,800.00 $17.00 $25.00 5725.00 $88,000.00 $65.00 Chaz Equipment UNIT EXTENDED PRICE TOTAL $45,000.00 $45,000.00 $11,000.00 $11,000.00 $z,ooo.oo $z,ooo.oo $1,000.00 $1,000.00 $60,000.00 $60,000.00 $3,800.00 $72,200.00 $22.00 $36,960.00 $47.75 $8,833.75 $880.00 $40,480.00 $57,000.00 $57,000.00 51 S 00 5960 00 West Construction, Inc. UNIT EXTENDED PRICE TOTAL $44,000.00 $44,000.00 $17,000.00 $17,000.00 $5,500.00 $5,500.00 $1,7oo.oa $1,7ao.oo $11,000.00 $11,000.00 $3,100.00 $58,900.00 $16.00 $26,880.00 $24.00 $4,440.00 $1,000.00 $46,000.00 $111,000.00 $111,oao.oo $56.00 $3,584.00 Page 1 of 4 INO. DESCRIPTION UNIT QN. 26 Irrigation System Landscape Maintenance During 27 Construction 28 Terrazzo Paver Surface 29 Jatropa Tree - 25 Gal 30 Spindle Palm - 12' OA 31 Silver Buttonwood - B&B 32 Live Oak - 100 Gal. 33 Sabal Palm - F.G. 34 Crinum Lily - 7 Gal 35 Silver Buttonwood - 7 Gal 36 Green Island Ficus - 3 Gal 37 Muhly Grass - 3 Gal 38 Dwarf Fire Bush - 3 Gal 39 Gal LS 1 LS 1 SF 1,120 EA 45 EA 76 EA 1 EA 4 EA 6 EA 72 EA 10 EA 72 EA 289 EA 20 EA 98 Brang Const ruction, Inc. UNIT EXTENDED PRICE TOTAL $45,000.00 $45,000.00 $1,200.00 $1,200.00 $10.00 $11,200.00 $65.00 $2,925.00 $315.00 $23,940.00 $250.00 $250.00 $360.00 $1,440.00 $270.00 $1,620.00 $40.00 $2,880.00 $26.00 $260.00 $9.00 $648.00 $8.00 $2,312.00 $8.00 $160.00 $8.00 $784.00 Chaz Equipment UNIT EXTENDED PRICE TOTAL $50,000.00 $50,000.00 $6,300.00 $6,300.00 $21.25 $23,800.00 $122.00 $5,490.00 $280.00 $21,280.00 $116.00 $116.00 $263.00 $1,052.D0 $135.00 $810.00 $27.00 $1,944.00 $23.00 $230.00 $6.00 $432.00 $3.00 $867.00 $7.00 $140.00 $6.00 $588.D0 West Construction, Inc. UNIT EXTENDED PRICE TOTAL $as,aoa.oo $as,ooo.oo $560.00 $560.00 $9.00 $10,080.00 $100.00 $4,500.00 $170.00 $12,920.00 $150.00 $150.00 $300.00 $1,200.00 $125.00 $750.00 $25.00 $1,800.00 $20.00 $200.00 $7.00 $504.00 $3.00 $867.00 $7.00 $140.00 $7.00 $686.00 Page 3 of 4 Kimley-Horn __....._ and Assoaates, Inc. Jul 29, 2010 ~ y 4431 Embarcadero Dme West Palm Beach, Fbrida Mr. Tim Tack, P.E. 33407 City of Delray Beach Environmental Services -Engineering Department 434 S. Swinton Avenue Delray Beach, FL 33444 Re: City of Delray Beach Bid No. 2010-37 MLK Dr. Beautification Project No. 2004-56 Bid Recommendation Dear Mr. Tack: On Thursday, July 15, 2010 at 9:00 AM, bids were received by the City of Delray Beach for the MLK Dr. Beautification Project. Three bids were received as follows: Name of Bidder Bid Amount 1. Bran Construction, Inc $844.890.00 2. Chaz E ui ment $934,692.75 3. West Construction, Inc $917,680.00 We have reviewed each of the bid proposals submitted by the contractors and have found no mathematical errors. Our bid tabulation comparison of each bid is attached. The following summarizes our findings for the low bidder: Brang Construction, Inc.: • Acknowledged Addendums 1, 2, and 3. • Attached letter of eligibility issued by the City of Delray Beach Purchasing Department • Provided Bid SecuritylBond (5% of total bid price) • Tabulated the Schedule of Bid Prices correctly (no mathematical errors) • Provided the Contractor Questionnaire In addition to the above, Brang Construction, Inc.: • Has previously worked for the City of Delray Beach • Is based in Boca Raton, Florida a TEL 581 845 0665 FAX 581 863 8175 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA_(TEM 8 U 6 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PURCHASE AWARD/CHANNELS INNOVATIONS CORPORATION ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for the purchase of one (1) Mako Air Compressor. BACKGROUND The Fire-Rescue Department currently has a Mako Air Compressor located at Fire Station #2 on Andrews Avenue. This unit, the only air compressor in the system, is used to refill individual Self Contained Breathing Apparatus (SCBA) bottles, and also refills the air system on the Special Operations vehicle. On a nearly daily basis, the Special Operations vehicle drives to Station 2 for the two hour process of refilling the on board system. In the past when the main compressor is in disrepair or otherwise out of service, we become dependent on neighboring agencies (ie: Boynton Beach Fire- Rescue Department) to maintain our SCBA air supply. The new compressor will allow the vehicle to remain in zone, and will expedite the refilling process. In addition, this unit will ensure optimal operability by providing for a secondary air compressor system. The total cost for this compressor is $24,983.00 which includes the trade-in of old parts for an out-of-service compressor. The cost is for the air compressor, auxiliary fill hose, carbon monoxide (CO) monitor and calibration kit, and extended warranty. Purchase of the Mako compressor is recommended for compatibility of part replacement with our existing Mako compressor and since our personnel are trained to use the Mako system. Boca Raton and Boynton Beach use the Mako system which can serve as a backup for our staff to use if needed. FUNDING SOURCE 001-2315-526-64.90 RECOMMENDATION Staff recommends approval. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3640&MeetingID=268 8/13/2010 CHANNEL ~ INNQVATIONS CQRPQFiATIQN. August 11, 2010 Division Chief Ed Cretin Delray Beach Fire Rescue Quote # 101 Q6148B Ed, PMB422 3101 SW 34~' Ave #905 Ocala, FL 34474-7447 352-694-7006 352-644-7226 (fax) info@channel-innovations.com Per our conversation, please see the following options for compressor purchase. Since the unit will sit outside, I would suggest an enclosed model like I have quoted. There are a few options of an open design, but I would not suggest that in an outdoor area. Compressor Options: New BAM 6000 PSI Compressor System One - Mako model BAM06HE3 Breathing Air Module compressor package including: - Four stage, air-cooled compressor (14.0 cfm @ 6080 psi) - 10 Horsepower electric motor (230V/60Hz/ 3 phase) - UL listed electric panel - Direct online IEC starter package - PLC controller - Instrumentation /controls: - High air temperature switch - Low oil pressure switch - Start/stop air pressure switch - Gauge panel including: - Hour meter - High air temperature warning light - Low oil pressure warning light - High air pressure light - Emergency stop button - Final stage pressure gauge - MK2C purification system (processes 34,200 cf w! an 70 F inlet) - CO/Moisture indicator kit - Automatic condensate drain with muffler reservoir - Enclosed, insulated, vertical cabinet fi1RK0 July 22, 2010 To: Whom It May Concern Re: Mako Authorized Distributor Information Thank you for your interest in Mako Compressors. Please be advised that Channel Innovations Corporation of Ocala, Florida is the only authorized distributor sanctioned by us to represent our Mako breathing air products in the municipal fire and safety markets in the following Florida counties: Liberty Gadsden Leon Franklin Wakulla Jefferson Madison Taylor Hamilton Suwannee Lafayette Dixie Columbia Gilchrist Levy Baker Union Alachua Marion Nassau Duval Clay St. Johns Putnam Flagler Citrus Sumter Lake Seminole Orange Hernando Pasco Hillsborough Pinellas Polk Manatee Hardee Highlands Sarasota Desoto Charlotte Glades Lee Hendry Collier Volusia Osceola Brevard Okeechobee Indian River St. Lucie Martin Palm Beach Broward As an authorized Mako distributor, Channel Innovations Corp., is the only approved company for new unit sales, OEM spare parts, warranty /service for any Mako breathing air product located within the above Florida counties. In addition, as an authorized distributor Channel Innovations Corp. is required to maintain Mako certification(s) for service and warranty within their assigned area. Furthermore, Channel Innovations Corp. service technician(s) are required to renew their service certifications every two years to keep abreast of current product and maintenance procedures. If you have any questions please do not hesitate to contact us. Sincerely, Mako Com resso s Scott D. Goodwin Territory Sales Manager Gardner Denver Industrial Products Group t00 Gardner Park Peachtree City, GA 30269 770 832 5000 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 8 U 7 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PURCHASE AWARD/ZOLL MEDICAL CORPORATION FOR AUTO PULSE ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for purchase of two (2) Zoll Medical Auto Pulses for strategically selected ALS transport units. BACKGROUND The Zoll Medical Auto Pulse Non-invasive Cardiac Support Pump has revolutionized the chest compression component of cardio pulmonary resuscitation (CPR). The Auto Pulse utilizes a load distributing life-band that compress a wide surface area of the chest. This creates a more efficient and effective mechanical heart compression versus manual CPR and pneumatic CPR devices that compress a very small area of the chest. Furthermore, the Auto Pulse allows personnel to accomplish other essential life saving interventions by relieving a member of the crew from performing manual CPR. Finally, the Zoll Medical Auto Pulse enhances fire-rescue personnel safety by allowing personnel to remain seated and secured in the midst of continual CPR during patient transportation to the receiving emergency facility. Currently, the Delray Beach Fire-Rescue Department has one (1) Auto Pulse on the EMS Supervisor's response vehicle stationed at Fire Headquarters. FUNDING SOURCE The total cost for the (2) Auto Pulses is $33,275.60. 001-2315-526-64-90 RECOMMENDATION Staff recommends approval. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3641 &MeetingID=268 8/13/2010 -----Original Message----- From: Williams, Victor Sent: Thursday, August 12, 2010 3:03 PM To: James, David Cc: Shutt, Brian; Pyburn, Terrill Subject: FW: Zoll Agreement for AutoPulse Chief, please see the response from Zoll Medical's Capital Sales Coordinator Amy Coffin in reference to 7erri1l's concerns with the purchase agreement. Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561) 243-7461 Fax williamsv~amydelraybeach.com "The race goes not always to the swift, but to those who keep running." -----Original Message----- From: Amy Coffin [mailto:ACoffin@zoll.com] Sent: Thursday, August 12, 2010 1:34 PM To: Williams, Victor Subject: RE: Zoll Agreement for AutoPulse Those changes are fine. You can include them on will accept. Thanks Amy Coffin Capital Sales Coordinator-EMS Domestic Customer Service 978-421-9447 Direct 978-421-0015 Fax 800-348-9011 acoffin~azoll.com -----Original Message----- From: Williams, Victor [mailto:WilliamsV@mydelr Sent: Thursday, August 12, 2010 9:44 AM To : Amy Coffin Subject: FW: Zoll Agreement for AutoPulse Amy please see response below from our City Attu possible if these changes and additions can be forwarded to me? Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561) 243-7461 Fax williamsv(a)mydelraybeach.com -----Original Message----- From: Williams, Victor Sent: Thursday, August 12, 2010 3:03 PM To: James, David Cc: Shutt, Brian; Pyburn, Terrill Subject: FW: Zoll Agreement for AutoPulse Chief, please see the response from Zoll Medical's Capital Sales Coordinator Amy Coffin in reference to 7erri1l's concerns with the purchase agreement. Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561) 243-7461 Fax wi1.1 i;~m~~.,~~`Jm,/c~ _r•.~,;;e, :rh c;;rn "The race goes not always to the swift, but to those who keep running." -----Original Message----- From: Amy Coffin [mailto:ACoffin@zoll.com] Sent: Thursday, August 12, 2010 1:34 PM To: Williams, Victor Subject: RE: Zoll Agreement for AutoPulse Those changes are fine. You can include them on your order or handwritten to our quote and we will accept. Thanks Amy Coffin Capital Sales Coordinator-EMS Domestic Customer Service 978-421-9447 Direct 978-421-0015 Fax 800-348-9011 acoffin(~zoll . com -----Original Message----- From: Williams, Victor [mailto:WilliamsV@mydelraybeach.com] Sent: Thursday, August 12, 2010 9:44 AM To: Amy Coffin Subject: FW: Zoll Agreement for AutoPulse Amy please see response below from our City Attorney. Will you let me know as soon as possible if these changes and additions can be accomplished and another agreement page be forwarded to me? Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561} 573-3133 Cell (561) 243-7461 Fax williamsv(~lmydelraybeach.com -----Original Message----- From: Williams, Victor Sent: Thursday, August 12, 2010 3:03 PM To: ]amen, David Cc: Shutt, Brian; Pyburn, Terrill Subject: FW: Zoll Agreement for AutoPulse Chief, please see the response from Zoll Medical's Capital Sales Coordinator Amy Coffin in reference to Terrill's concerns with the purchase agreement. Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561) 243-7461 Fax williamsv mydelraybeach.com "The race goes not always to the swift, but to those who keep running." -----Original Message----- From: Amy Coffin [mailto:ACoffin(alzoll.com] Sent: Thursday, August 12, 2010 1:34 PM To: Williams, Victor Subject: RE: Zoll Agreement for AutoPulse Those changes are fine. You can include them on your order or handwritten to our quote and we will accept. Thanks Amy Coffin Capital Sales Coordinator-EMS Domestic Customer Service 978-421-9447 Direct 978-421-0015 Fax 800-348-9011 acoffin(~zoll . com -----Original Message----- From: Williams, Victor [mailto:WilliamsV{ahnydelraybeach.com] Sent: Thursday, August 12, 2010 9:44 AM To: Amy Coffin Subject: FW: Zoll Agreement for AutoPulse Amy please see response below from our City Attorney. Will you let me know as soon as possible if these changes and additions can be accomplished and another agreement page be forwarded to me? Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561) 243-7461 Fax williamsv(a)mydelraybeach.com -----Original Message----- From: Williams, Victor Sent: Thursday, August 12, 2010 3:03 PM To: James, David Cc: Shutt, Brian; Pyburn, Terrill Subject: FW: Zoll Agreement for AutoPulse Chief, please see the response from Zoll Medical's Capital Sales Coordinator Amy Coffin in reference to Terrill's concerns with the purchase agreement. Thanks. Victor B. Williams, M5, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office (561) 573-3133 Cell (561.) 243-7461 Fax williamsv@mydelraybeach.com "The race goes not always to the swift, but to those who keep running." -----Original Message----- From: Amy Coffin [mailto:ACoffin~zoll.com] Sent: Thursday, August 12, 2010 1:34 PM To: Williams, Victor Subject: RE: Zoll Agreement for AutoPulse Those changes are fine. You can include them on your order or handwritten to our quote and we will accept. Thanks Amy Coffin Capital Sales Coordinator-EMS Domestic Customer Service 978-421-9447 Direct 978-421-0015 Fax 800-348-9011 acoffin@zoll.com -----Original Message----- From: Williams, Victor [mailto:WilliamsV@mydelraybeach.com] Sent: Thursday, August 12, 2010 9:44 AM To: Amy Coffin Subject: FW: Zoll Agreement for AutoPulse Amy please see response below from our City Attorney. Will you let me know as soon as possible if these changes and additions can be accomplished and another agreement page be forwarded to me? Thanks. Victor B. Williams, MS, EMT-P Division Chief of Emergency Medical Services Delray Beach Fire-Rescue Department 501 W. Atlantic Avenue Delray Beach, FL 33444 (561) 243-7440 Office _ (561) 573-3133 Cell (561) 243-7461 Fax williamsv~mydelraybeach.com Page 2 of 2 All three vendors gave demonstrations of their product. The Town of Jupiter uses ProfitsStars and a visit was arranged to view the live process. They were satisfied with the program. ProfitStars was chosen because, while their initial first year cost was slightly higher, the ongoing maintenance costs were lower than Technique Date Systems. The choice of Technique Data Systems would result in higher long term costs to the City for maintenance and licensing over time. ProfitStars also quoted a multi-user up-grade which would allow more staff to use the program at any given time. Technique Data Systems did not include that cost. With the current quote, the use of the program with Technique Data Systems is limited to five people at any one time. We wish to expand the use of this program to other payments we receive so this would be a limiting factor. RP Solutions was too costly. The cost for travel for ProfitStars to conduct installation/training will be additional to the price shown below; staff will be working on negotiating a fixed fee or not to exceed amount for this travel expense. Quotes from Vendors Vendors First Year Ex enses 2ndYear Maint./Licens Total 1st & 2nd Amoun rofitStars $19,99 $2,660 $22,659 Techni ue Data S stem $19,54 $4,33 $23,883 RP Solutions*- Re uired Items** $27,260 $2,822 $30,082 Additional Items $21,240 $2,740 $23,98 Less Discount $3,299 $0 $3,299 Total RP Solutions $45,201 $5,562 $50,763 * RP Solutions also provided additional quotes for additional payment type processing that was not required to implement this program. First year maintenance cost, which was listed separately, has been added to quoted prices; first year maintenance for other vendors was already included in their quoted cost. ** Shipping was included in this category. Listed as a separate expense in quote. FUNDING SOURCE Funding is Available from the following accounts: 441-5112-536-66.10: $10,200 441-5112-536-64.12: $4,400 441-5112-536-54.30: $1,620 441-5112-536-46.90: $2500 441-5112-536-49.90: $1,279 Annual Software License and Maintenance Fees of $2,660 due 2011. RECOMMENDATION Recommend approval of a purchase award to ProfitStars in the amount of $19,999 for RemitPlus software, hardware, license and maintenance fees (plus travel expenses for installation/training) with annual software license and maintenance fees of $2,660.00 to automate the processing of City's utility lockbox payments; contingent upon approval by the City Attorney of an agreement with ProfitStars. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3654&MeetingID=268 8/ 13/2010 ~ `~ < ~ ~ 1'rofit~t~~~-~ • JACK HENRY CONP~.NY RemitPlus Product Suite Revised 07/31/2008A Date: 8/6/2010 City of Delray Beach Attn: Lisa Hartman 100 NW 1st Avenue Defray Beach, FL 33444 Ship To City of Delray Beach Attn: Lisa Hartman 100 NW Ist Avenue Delray Beach, FL 33444 Prepared By: Janice Tuschong Regional Sales Manager f025 Central Expressvray South Nlen, TX 75013 jtuschong(~profitslars.com (972) 239-4488 Fax (972)239-4511 wc.t,.,~.o what ..mn cwnrvrwnf SMwarn. incaHUtinn. Anrnul Ft+PC. arc) FYrrnsces Nlled at IrstaHauon. Investment Summary Tota! Total Software $12,500.00 Total Installation and Training $1,120.00 Tota! Hardware 3 719.00 Image Investment $17,339.00 Annual Software Fees $2,660.00 Total - 19 999.00 A roved B Date: Note: Please s/gn, date, and fax back In 972-239-4511 !o beg/n the order process Profit~~e~rs Clty of Delray Beach Schedule A -Detail Pricing RemltPlus Suite Licensed Software: QkX lt01l; T4S~t RemltPlus -Gov Up to 200,000 items/yr. 1 $8,600.00 $6,600.00 CAR/lAR -Character Recognition Module 1 $1,600.00 $1,600.00 Multl-User Upgrade 1 $800.00 $800.00 Additional Jobs 0 $2,500.00 $0.00 Electronic Deposit 1 $1,500.40 $1,500.00 Total Software Terms: Software billed upon Installation $12,500.00 Installation and Training RemltPlus Installation and Training 1 $1,120.00 $1,120.00 Other Installation and Tralning 0 $0.00 $0.00 Total Installation and Tralning Terms: Installation billed upon Installation $1,120.00 Note: Addibona/ o-ave/and lodging expenses brl/ed to cttttomer al actua/cost Complete RemltPlus Suite Investment ~ - - ='$13,620.00'. Annual Software License and Maintenance Fees RemltPlus Annual Fee CAR/LAR -Annual Fee Multi-User Upgrade -Annual Fee Additional Jobs -Annual Fee Electronic Deposit -Annual Fee Total Annua! Software License Fees Terms: Annual Fee billed upon 1 $1,600.00 $1,600.00 1 $600.00 $600.00 1 $160.00 $160.00 0 $500.00 $0.00 1 $300.00 $300.00 installation and annually $2,660.00 Annual Software License Cost ''$2,660.00= page 2 prepared On 01912010 That proposal is propAetary and con6den6a! Inrormatlon provided by Proh7Stars and Jntended axduslvety for the bank named above. ~+, PlrofitSt~u,s City of Delray Beach Schedule A: Hardware Description Pricing Hardware Canon CR-180II ink Cartridge First Year Maintenance Check Jogger (Shear Tech) QpC Sl~ik IQS~1 1 $2,820.00 $2,820.00 1 $25.00 $25.00 1 $575.00 $575.00 1 $299.00 $249.00 Total Hardware: Terms: Hardware billed upon shippment $3,719.00 Total Hardware Investment $3,719.00 page 3 prepared on 8!82010 7Dis proposafa Fwpiefary aM toNfdential inlorrnation provided Dy!'rof~fSfars and intended exdusivefy for fDe bank named aDOVe, ~ ~ t c. ~~ r 1, ~ .. ~.~ City of Delray Beach E-mail: hartmanta7mvd elraybea ch.com Lisa Hartman Telephone Number: 561-243-7119 100 NW 1st Avenue Fax Number: Delray Beach, FL 33444 Account Manager: Fred Campos SR 817-329-4885 ~ ~ -s~ L€st Annual Final Q Price Fee Pricin TDS Remittance Licensed Software: Govt Tler 3 1 $7,450 $1,80D $9,250 Annual License -Less than 200,000 itemslyr. Single User Version Type of Scanner: Canon CR-18011 1 $2,865 $434 $2,865 1st Years Maintenance priced 1 $434 $434 Ink Cartridge (if applicable) 1 $25 $25 Shipping 1 $25 $25 Software Interface to Ca tore Device: ScanForm .5 1 Additional Options: CAR/LAR -Character Recognition Moduie Paid Annually 1 $1,800 $1,800 $3,600 CheckMate Jogger (Single) 1 $350 $350 Electronic Deposit 1 $1,500 $300 $1,80D Project Development / On Site Installation /Training Plus Expenses 1 $1,200 $1,200 if Needed Other Options: Additional Jobs Bar Coda License (per scanner) Lock Box Moduie -Executive Edition Unlimited Jobs Microsoft SQL Interface Multi-User Upgrade Price 8~ Annual License Fee Remit Web Terms: Balance due upon Completed Installation Sub Total 54,334 $19,549 Applicable Taxes charged on Flnai Invoice. Grand Total: $19,649 Annual Fees 54,334 Additional Comments • Stgn and Return this "Order Form" with Deposit to place vour order: 59,775 Officer 8 Title: Date: Print Name of Company: Technique Data Systems 1930 Alpha Drive Phone (800) 856-8552 CONFIDENTIAL INFORMATION Sulte 300 Fax (972) 722-6052 Rockwall, TX 75087 mo soave p~Rm~yn a. ,.r.~,o~.y a., ., o.,......~........r, ,,..,...........,..._.~, backup, v'rus protection, and UPS power protection wig be provided 6ythe wsbmer. Mnual sottyrare maWenance w31 commence 30 days aM1er acceptance of system. The pricirx~ ~ dds proposal does rat include arty applicable state w Iocal taxes. Pricing tit vafid for 9o days. TN.Me DRaV ewnra Y Saws. PG. gw~a:y Wtrr.. 601 drtaY IAN.rd Wh4.iip, tivrk wridip, d[a bainq, Nna RdeCla, ad UPS Oa~a Pdaam+i W poAded b/ W n~tavr. i...1v1:.mir+avrc. i~a~o.aary.r aseaK.a.,.~ or. Prymenl Terms Prymenl due upon eomdetlm A4dtional SeMtei en -raiebfe on ~ Tmw 6 Vetviel Baia Ou! d Scale eeme mry ~epke eddtuW ProfeW anal Sen/us Gna ~,~ Summary r~Solutrons, Inc Date 8 10 2010 P.O. Number Customer ID ~ ~ ~ Tom Johnson Lisa Hartman RP Solutions City of Delray Beach 2415 Triphammer Rd. 100 NW 1 Sl Ave Suite 2 Ithaca, NY 14850 Delray Beach FL 33444 ph:(807)257-7778 (561)243-7119 fax: (607)257-7779 Tom.Johnson@RPSolutions.com Au ust 10, 2010 ~: ~ Total Hardwara Investment $ 3,020.00 3 488.00 $ 50.00 c . ~x . ~x Total Software Investment $ 21,995.00 $ 4,399.00 k i Total 7filyd Pa Softwaro $ 3,472.73 S 694.55 Zk' 1~ ~ : k ..1 .. ,~ ,p .. ' Totat Pro(esstonat Services Investment $ 14,400.00 . ~r-^~-a,~§3~ ~:~~ O UOltal itBlTlBy.. _ _ ~.~-. ~__3~_. -; .ra.. _ ~ ~.':: ~v s~ ~, ;. ~.a_-- ^~ . rv^~'~.~r `'?~ ~ s..~t.'-_ - ~'Y~x~-.ut~,.~. _.~~}_'.. "3.~'F+ .a~~::~_.~"'~.~ i~`.~n2t:-,. Lr`r~Y. .~~"-~":. =. _. 1+:~_-...~ .-~1ti~..r-..-,.,SS V~`r..~: 7.~`: £ y. ..t"~~+.,"~ T".wT£'_~.v...c-'': ;' ,~Y~. Tom _7't'..:: c'~r, '~~.~T' :~a'L .. ~_ ~~ ,~ x,. ~ ' -.~~-"-_a.. '~^ 3 - ~"... ,_.. :'.f~ ~_.~ .::r ,T t`a-n,. ;', ~. _ t,'~`} .- Y~~ ~ -_5~:. g;_ ~-~ ~ ., p.~,, ~b'~r ~, y~,, ~. ~.z~"~.`','~.a ~; c 'zF, `~.. ~-'' .i- u'?'. a ,. Total l:xd. Tax $ 42,887.73 $ 5,581.55 $ 50.00 Less Discount $ 3,299.25 ~A~k 5 ~-' 3 y:: M'S~ °~k+STk iir Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 8 U 9 -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 EMS MEDICAL DIRECTOR-DELRAY BEACH FIRE-RESCUE-CONTRACT AWARD ITEM BEFORE COMMISSION The City Commission is requested to approve award of RFP #2010-10 EMS Medical Director- Delray Beach Fire-Rescue for the annual amount of $26,850.00 to Randall L. Wolff, M.D. starting on October O1, 2010, for fiscal year 2010/2011. BACKGROUND Proposals were received and opened on July 23, 2010 from five (5) medical professionals all in accordance with City purchasing policies and procedures. On August O5, 2010 a committee consisting of David C. James, Fire Chief, Danielle Conner, Assistant Chief Administration, Victor B. Williams, EMS Division Chief, Russell Accardi, Assistant Chief Operations and Michael Twigger, Battalion Chief reviewed the proposals received. Based on the evaluation score sheet, two (2) medical professionals, Craig R. Kushnir, D.O and Randall Wolff, M.D. both met the Mandatory Qualifications as described in the RFP and were selected for interviews held on August 12, 2010. The other three (3) proposals did not meet the requested mandatory qualifications. Randall L. Wolff, M.D. was selected unanimously by the committee as the best candidate for the EMS Director position for his scope and vision for the future roles of the Paramedics with progressive guidance and leadership that has kept the Delray Beach Fire Department at the forefront of EMS delivery. FUNDING SOURCE http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=365 8&MeetingID=268 8/13/2010 Page 2 of 2 001-2315-526.31-90 RECOMMENDATION City of Delray Fire Department committee members recommend RFP #2010-38 award to Randall L. Wolff, M.D. in the amount of $26,850.00 annually. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3658&MeetingID=268 8/ 13/2010 ..~,. r ry~ ,,~ - ~< ~ n sir ~;~ ~.~ August 12, 2010 .. ,... ~11~'•i+l'-i ~'1`a. r°1 ,. ^3 .~_', {; l.' ~ fVi.v"' ...-^s-?:.r!. To: Patsy Nadal, Purchasing Manager Purchasing Department From: David C. James, City of Delray Fire Chief Subject: Recommendation EMS Medical Director City of Delray Beach Fire Department a~~~ ~ }z~ The Request for Proposal (RFP) EMS Medical Director Committee met at 1:00 PM on August 12, 2010 to conduct interviews of the finalist in the process that closed on July 23, 2010. The committee having completed the interviews and tabulated the scoring recommends to the City Commission that Dr. Xtaudall Wolff be awarded the contract to provide the services outlined in RFP No. 2010-38. '. i ' i i'v ` ~ r .. ... _ . C 3 i ~~. .. i.. _ _: i- ~ P N-~4;i ,,-~'~~i ..~{- -.{ ~a• I•: .. ~Y:'I,. i ._ ~.3' i' ;'y .'_!:3 ,.'.. _. ..... -'1. ~i ~4. .: .. {~.'~,:.:• _ '. ~~'- `I"~^. ilwndsy, August 32.2010 R:9, Na. 201438 1.U0 O.M. m 3~0 P.M. FMS Medical Dlrecmr IntarMeM RssJb MEDICAL PROFESSIONAL- INTERVIEWS Dr. Craig Kushnir, D.0 Interview Time '2:00 P.M.~ Dr. Randall Wolff Interview ttme 2:00 P.MJ ~'~. I Ratlng Scafe: Poor (1J Uttsatffactory (2) Satisfactory (3) Good (4) Excelkttt (5) Highest Possible Score Is 20 Points INTERVIEW ClUESTtOfJS. a- + i.. 1. Due to budget cuts, what medical directions can you suggest to the department to hel reduce cost but stlll maintain high uality service? i{ ,{5~t,a{ n , , i i~f Eveluators• David C. James Fire Chief 4 5 Danielle Connor, Assistant Chief Administration 4 4 Victor B. Williams, Division Chief EMS 3 4 Michael Twi er, Battalion Chief 5 3 AVERAGE POINTS I, k you will, please desalbe your Quality Assurance )QA) Program In as much detail as sslble for rrs. 4 A Evaluators: David C. lames, Flre Chief 4 4 Danielle Connor, Assistant Chief Administration 5 5 Victor B. Williams, Divison Chief EMS 5 3 Michael Twi ger, Battalion Chief `' 4 AVERAGE POINTS 4.T5 4 3. In your opinion, what h the greatest challenge faring EMS delivery? What would ou do to addrm that challen e7 Evaluators: David C, lames, Fire Chief 3 5 Danielle Connor, Assistant Chief Administration 3 5 Vittor 8. Williams, Division Chief EMS 3 4 Michael Twlgger, Battalion Chief 4 AVERAGE POINTS 3.25 4 4. Mow do you see the future role of Fire-Rescue Emetgenq Medical Services es it relates to healthcare] Evaluators• David C. James, Fire Chief 3 5 Danielle Connor, Assistant Chief Administration 3 4 Victor B. Williams, Division Chief EMS 3 5 Michael Twi er, Battalion Chief 3 5 AVERAGE POINTS ...:. -;.: . : ; - ~ 3 - .,-:... ... 4.75 ,... - :..:.._~, . . ... >_.,. _.: . . COMMITTEE GRAND TOT ' ,. ..... ;..:. : AL CLUEST1ON5 (1 THRU 4) 15 16.75 hge 1 of 1 Coamiltee Meet&ig, flwrsday, August S, 2010 ~ 1A0 P.M. RW. tlo. 2010.38 EMS Medial Dhuor Sunmary of Ewluabx'S SCOT! Sheeta MEDICAL pROFE55iDNAL Dr. Randall L Wolff Dr. Cnlg 8. Kushnlr Dr. E. Larry Roymh Dr. David Sturm Dr. MftdteR D. Sliver ,.o i, a .5 t 1.s. CATEGORIES!:-, I ?I - f$5! ~ : iI^i. ~ 4 . A. Mandatory QuallOCatbns (25 Pobtts) Evaluators: 25 25 17 12S 14 David C James, Fire Chief 25 25 20 18 12 Danielle Connor, Assistant Chief Administration 20 17 13 Vktor B. Williams, Division Chief EMS 25 25 Russell Accardl, Assistant Chief Operations 25 25 2D 21 12 Michael Twigger, Battalion Chief 25 25 22 16 16 9 11 12A AVERAGE POINTS 25 . ~ ZS 399 ~ ` ~ lt~ ~ ~ ~ ~ . . I I _ ; :h _a" I i -~i : 1 , :,t;. ' .ti; B. Highly Desirable QualFflatbrn (]5 Polnu) Evaluators: Fire Chief David C James 12 15 - 11 u 11 , . Assistant Chief Administration Danielle Connor 12 12 35 IS 3 , Victor B. Williams, Division Chief EMS 12 12 12 15 3 Assistant Chiet Operadons Russell Accardl 12 12 1S SS 3 , Battalion Chief Michael Twigger 12 2? 0 0 0 , AVERAGE POINTS 32 12 6 10.6 II f 11A +~ ~ ci ~ ' 4 ;l ~ ~' , p ~ t~ ea~Sr+~„n~ ~ ~ ...a r-~ ur-~ 1 ,,,., .. ,orn, n..~~ ~ .. ~,, ~ ~ _:~ M~..,. .=,i- I „t~, r ..t~is ,. {, u . M i J i , G Desirable Quallficatlon (10) Poims Evaluators: David C. lames, Fire Chief 10 5 8 6 10 Danielle Connor,AsslstantChiefAdministration 10 10 6 5 0 5 Victor B. Williams, Division Chief EMS 10 5 5 5 0 Russell Accardi, Assistant Chief O rations 7 7 6 3 0 Michael Twigger, Battalion Chief 30 7 0 0 4 2 3 AVERAGE POINTS 9.4 6.8 `U S r~ tl . ;~., I ~: ,, ~,~ y: ~~ r,, - h, f. ~rt , D. Knowledge and ability t0 delWer medial direction servkes (30 Points) Evaluators: David C. lames Fire Chief 30 15 2 5 ZO , Assistant Chief Administration Danielle Connor 30 30 30 SO 7 , Victor B. Williams, Division Chief EMS 30 30 30 20 0 10 7 Russell Actardl, Assistant Chief Operations 30 28 0 3 0 Michael Twigger, Battalion Chief 30 20 0 0 8 8A AVERAGE POINTS 30 24.6 12.4 Page 1 of 2 Comnrimer MeeEng, Thursday, August S, 2010 ~ 1:00 P.M. RW. No. 2010-38 EMS Medinl DlrecOUr Summary of Evaluahx'a Scare Sheets MEDICAL PROFESSIONAL Dr. Randall L WoHf Dr. Ctait B. Kushrrr lk. E. Larry Roytxak Dr. David Sturm Dr. MkcheK D.SUver ,gi 1 :ail. i'- n a 9 ^''1 ~~'i`L~`.;2~ij ~ - ttl ,~`i,t.i.,c~~iJ k _ ,I 1 1, ~: 't ,r=te E. lilstory, experience (10 Pulnb) Evaluators: David G lames, Fire Chief 10 6 6 9 10 Danielle Connor, Assistant Chief Administration 10 10 9 8 4 Victor B. Williams, Division Chief EMS 10 10 6 8 6 Russell Accardi, Assistant Chief Operatlons 10 9 8 B 4 Michael Twigger, Battalion Chief 10 6 0 0 0 AVERAGE POINTS 10 E2 ~'~ S.8 J i 6.6 ~ F 4.8 t _f ., 'r:_ ~ i ~~. f ~' .. .. ~~, ~~ Z.~~ f v:~ t :; I f . it- _ _ ,jf)' Nt o9,v i,- F. Document completeness and Pagination (5 PoirrtsJ Evaluators: David C. lames. Fire Chief S 4 5 4 5 Danielle Connor, Assistant Chief Administration 5 5 5 5 5 Victor B. Williams, Division Chief EMS 5 5 5 3 4 Russell Accardi, Assistant Chief O erations 5 5 5 5 5 Michael Twigger, Battalion Chief 5 5 0 0 0 AVERAGE POINTS ... _ ~ yt~' .i ~ -,,'.. }, J. ','.li Iil •A4 A r_I i{.t}1~i a ., 5 ,.~, . sh{.-... 1 ~._ S 4.8 1 7t Jtti,l .. ~ . . 4 :~ alp i { i.L, 3.4 ,wj. ,K".I s ` 3.8 ,:: G. Total Annual Cost (SPOints) Evaluators: David C. lames, Fire ^tief 1 5 0 2 0 Danielle Connor, Assistant Chief Administration 2 2 5 4 3 Victor B. Williams, Division Chief EMS 1 2 S 2 S Russell Accardl, Assistant Chief Operations 5 2 5 3 3 Michael Twi er, Battalion Chief 2 2 5 2 0 AVERAGE POINTS 2.2 2.6 4 2.6 2.2 COMMITTEE GRAND TOTAL (A through G) 93.6 84.6 61.6 54.1 39 Page 2 of 2 City of Delray Beach RFP TABULATION RFP# 2010-38 Opening Date: July 23, 2010 postin Time: 2:00 P.M. RFP Title: EMS MEDICAL DIRECTOR DELRAY BEACH FIRE RESCUE COMPANY NAME Craig R. Kushnir, D.O. E. Larry Roycraft, D.O. David Sturrn, M.D. Randall L. Wolff, M.D. Mitchell D. Silver, M.D., PA Annual Cost for Labor S 22,000.00 $ 25,OOD.00 S ?5,000.00 S 26,850.00 S 10,018.52 Annual Cost for TRAVEL 0 0 D 0 S 500.00 Annual Cost for Overhead 0 0 0 0 S 15,777.78 SUBTOTAL S 22,000.00 S 25.000.00 S 25,000.00 S 26,860.00 S 26,296.30 % PROFIT 0 0 D 0 8 Profit to Res ndeM 0 0 0 0 S 2,103.70 TOTAL ANNUAL BID AMOUNT S 000.00 S 25 000.00 8 25,000.00 S 26,850.00 S 28,400.00 ACKNOWLEDGED YES YES YES YES YES ADDENDUM No.1 ADDRESS 365 SE 61° Ave., unit #5-301 Deka Beach, FL 33483 12578 Little Palm Lane Boca Raton, FL 33428 7403 Avenida Del Mar #1609 Boca Raton, FL 33433 628 SE 5'" Street #4 Delra Beach, FL 33483 900 NW 17'" Avenue Delra Beach, FL 33445 OFFICE PHONE FAX # E-MAIL (561) 654-1255 (561) 737-4534 Crai .Kushnir bethesdahealthcare.com (561) 756-5459 Elro ft aol.com (917) 592-0405 david'sturtn mail.com (561) 628-6300 (561) 8995006 delta97w ahoo.com (561) 278-3323 (561) 278-3182 mdsilvertnd aol.com Salary excludes addt'I NOTES: unforeseen expenses incurred for training, conferences, supplies and out of area travel that are r nested b the C~ Remarks: Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 12, 2010 SUBJECT: AGENDA ITEM 9 A -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 FY 2011-2015 PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIP) ITEM BEFORE COMMISSION This agenda item is an overview of the proposed FY 2011-2015 Capital Improvement Program (CIP). BACKGROUND Staff will present an overview of the proposed FY 2011-2015 CIP. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3652&MeetingID=268 8/ 13 /2010 Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 9 B -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 GENERAL FUND DEPARTMENTAL FEE REVIEW -RECOMMENDATIONS FOR FY 2011 ITEM BEFORE COMMISSION This item before City Commission is consideration of increases in various General Fund fees beginning in FY 2011 (October 1, 2010). BACKGROUND In an effort to annually update the City's General Fund fees, City Staff has completed a comprehensive review and recommends that various fees be increased. If the enclosed recommendations are approved by the City Commission, the estimated additional revenue for FY 2010-2011 is $72,120. The following fees are being proposed to be increased in FY 2011: City Clerk: Election Filing Fee: This fee is proposed to be increased from $25 to $50 and will assist in covering the City's cost that is charged by the Supervisor of Elections to verify signatures for candidate petitions .The last time this fee was increased was 2002. Administrative Services: Special Event - OSS &DMC Events: The City's existing policy to not charge OSS and/or the DMC for the 1St $1,000 in costs is proposed to be eliminated. If approved, OSS &DMC will be required to pay 35% on the 1St dollar of expenses (primarily for Staff Overtime) for all events. Expenses for rental items will continue to be paid at 100% of actual costs. This provides for better administration of events and accuracy on fees to be charged. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3661 &MeetingID=268 8/ 13/2010 Page 2 of 3 Special Event - Non- Profit/Charitable: Intermediate/Major Event Police Department: The City's existing policy to not charge Non-Profits and/or Charitable organizations that held City approved events prior to October 1St, 2008, for the 1St $1,000 in costs is proposed to be eliminated. If approved, these organizations will be required to pay 75% on the 1St dollar of expenses (primarily for Staff Overtime) for all events. Expenses for rental items will continue to be paid at 100% of actual costs. This provides for better administration of events and accuracy on fees to be charged. Please note that all Non- Profits and/or Charitable Organizations who applied for events after October 1St, 2008, will continue to pay 100% of all costs. Background Checks: Currently, the City is not charging for this service and in an effort to charge a reasonable and customary amount for the time that Staff requires to complete this task, this fee is proposed to be implemented. It is estimated that the Police Department is requested to perform this public service 50- 60 times per month. Notary Services: Currently, the City is not charging for this service and in an effort to charge a reasonable and customary amount for the time that Staff requires to complete this task, this fee is proposed to be implemented. It is estimated that the Police Department is requested to perform this public service 3 times per month. Community Improvement: Sidewalk Cafe: This fee is proposed to be increased from $100 + $3/square foot to $100 + $4.50/square foot and will be comparable to surrounding community Sidewalk Cafe fees. This fee has not been amended since the City implemented the Annual Renewal process in 2006. Parks and Recreation: Facility Rentals -Various (See The minimum number of hours that all room and pool Attached General Fund Departmental rentals are charged is proposed to be decreased from 3 Review Report) hours to 2 hours. Gymnasium rental fees are proposed to be increased to $100/hr, plus a flat rate of $1,000 if the renter charges admission. Staff is proposing to increase the Skate Park rental charge from $100 for three hours to $45/hr, plus a flat rate of $300.00 if admission is charged. The After Hours/Weekend Supervisor Fee is proposed to http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3661 &MeetingID=268 8/13/2010 Page 3 of 3 be increased from $25- $45/hr. and the set-up fee would be eliminated. The Gymnasium/Multi Day Event fees (2 or more days-includes Supervisor fee) is requested to be implemented for $500/day for 6 or less hours and a $1,000/day for more than 6 hours. Field Rentals -Various (See Attached A per participant fee of $10 is proposed to be General Fund Departmental Review implemented for all leagues that utilize the City's fields Report) (i.e., Delray American Little League, Delray National Little League, Miracle League, and Delray Beach Athletic Club). Tournament Fees -Various (See Tournament Fees would include $100/team, field prep- Attached General Fund Departmental $100 half day/$200 full day. If the concession building is Review Report) used by non-City organizations, the City would operate them and the profits would be divided - 50% to the Site Home League, 25% to the City and 25% to Tournament Host. All City organizations that are approved to operate the concession stand, would retain 100% of the proceeds. Further information is available in the attached General Fund Departmental Review Report. A facility rental fee survey submitted by Parks and Recreation is also attached. RECOMMENDATION Staff recommends approval of various proposed fee increases for FY 2011. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3661 &MeetingID=268 8/13/2010 City of Delray Beach -General Fund Departmental Fee Review q~13/SO DEPARTMENT: Police Fee Cate ry 8° F.e Sub~Categary lest Increased FY 0910 Fee FY 10.11 Recommended Fee FY 10.11 increased Revenue Comments Fi i 11/IORW9 $10 per +5S per adtli[ional same Done mostly for those obbining lobs ngerpr nts bM RecordRquests ssete tape leer repel 2W9 515.00 vme Was maeaxdin FY 0930, Ver Legal pecortp quests DvDIcer DVD) 30179 $35.00 same Phoro Image charge sorted In 2005; taped sbtement/DUI Ndeo d+aree sort M 20D7; Increased In fT 041D, per legal Remrtl Rquerts 81J2 a 1] photo /DVD r 2009 .. . 515 CC vme - Record Rquests VIN Verification . Publk Records Research laerhan"~ `''.fi ax[eniya.0yer orie hoWl.;»~~ .. 51$.OD $40D same same . ~ 514 Fee effective May 16.3006 Neglible-est $50/year lCurrently charge 541or nan residents) „ ~ State Statue (written on back of Traffic Ewdpmant Cne4k. ~,, .&`tt`d 5'117Q : _ a Gt tons) ' Parking Tickets Standard Parking Flna 11/30/2(%N $35.00 vme ne C'ty Ord. baxd on state statuelno[e ( $25 and in FY 0410 surcharge was eased irom $5~ 101 Could'moeax bau rate it we chose by revising the Ord. PaAthsg Tlrkets Finefm certain Vant/hydrant/tones ylbahw, 11(30/3009 590.00 same Parking Tickets Mandicop parking violation 11/10/2009 $250.00 same Per Ciry Attorney, cannot charge over $250 per sore sbtute PasitMg Tkkeb Immabll'iation Devioe Removal Lrte Fee ~~.. 525.00 $50.00 same Neglible- has only orcurre<f <rnce n pas: 3 Innocent Dwner 2009 54W.tY1 same yrs las of 8/4/10) fee can vary, charged f a parent or fdend d due to feiors Non-Innocent pwner $400up to$5OW same y awns a sac e Fee ran vary charged ii Cher uxd their own or In commission of felony Mugirnage ... _ False Alarm False Alarm - No Verlliotion Call failure to appear at alarm laotlpn p9:; ~515.fb $SWW $7500 snip .;~"~ e same .. ~.; `~ ~„yR~Y Arare regwat.. '. .a.: False Alarm Firrt3false alartns'n olendaryr. no tlsarge same False AWtm Mare ihen3felse aiarmsm olnWar yr. .,. $25 each xkxt,, BackgrourM Checks Loo) BackgrovrM cheA for arrest history $10.011 $7,300.00 NEW Suggestlom Est of 50-60 ovilian Per (sometimes rseeded for I migration onth wperworkl: no dbrge worm x Iriee fw other law enl, a mlllbry Notary Services g 538C,W NEW Suggestion=3 UmesJ month (vroWd help offset one post of rwtarv rerbwdl TOTAL ADDITIONAL PROTECTED REVENUE FOR FV 10-11 -POLICE: $7,380.00 3 g/13/10 u[rasni rvs ~` lest lncr«fad N0?10 F« FV 1631 Rammmanded FY 1011 Incr«sed Comment/ F« Category i« Sub~6tegory F« Revenue Transport Fees Basic file Support 9/22/2009 $650.N same EMS fees were Increased last year. Stall nmmend_ no maease in Fr :c 1L ort {A15~1i d Lif Su Ad 9!12/2009 $100.00 same Weare in the process o(reinslitudng in mnsport Fees pp vance e hoax billing and In mnsideration to the atizem desire to mestabli.sh our relax mhip in lieu ni our economic i T ransport Gees Advanced Life Support (AS 2i T rt d C 9/22/2009 9122I20D9 $810.00 $SSO.UD same sam slost on. Staff will review In 2011:'.. ransport Fees Transport Fees are ranspo Skille Mileage $12.00 same $100,001 to balance value Plen Review Value of Work=$750,OD3 to $2,000,000 .. .~ 3009 $1,500 first $]SOk; 0.0625% s an0se of balance value plan Pmiew ' Value o(Work=$2,000,003 aadup 2009 $2,281.2$first2mgllom, O.D312$%halanQ. Plan Rev ew Oesgn Rev ew 2009 2009 $10000 $1f1000 same c Plan Revew Plan Review CNiI Drawing Review Prrpermit Minor RCVision 0. v 2000 2006 mcharge 109Lot original f« same same Plan Review Plan Reiiew nri an Pre-Pmnit Malor Post-Permit Rmision 2000 $6 per page; min. lee of $2 same unless value increases Fire Watch ~e~lrsa0lred by FR Fin Dept $unnry -.;.'~ ~ .GO;; ~;... - , Perm'ts of Fvreelated 7D06 Sss W ~~ 3 B/13/30 DEPARTMENT: Community Improvement FY 1431 Recommended FY 1011 Increezed F« Cete~ory Fw SuD~Category last Incnesed FY 0310 FN Comments Fae Rev ~A-Street App Foe Alarm Registrar ons arer 10 Yn 1998 $25.00 Irre/$10/550 same same Animal Conlyd Services 19g7 $5 up to $25 N/A Farallon tso IongerpraWiMd6y Clty as d SD/1/09 k 'iF '@ BIdH ReinspeR~on Fee ~ ..P rr 200] 2009 550.00 $5.5 00 same same , ~ Boud d Adjratment 0usiness tan Inspectionz 2009 22D5 . 530.00 to 35% IQY~+S%/u same same Busness Tu Penalties Business Tas Receipts/City 2010 200] p $156,56 $100 00 same pease In Ma.rn 2010 Changed Ctxrtractar Civil Violations : ,,« .,... ~. ,'l' 2006 0 . $100 up [o $250 70000 same Condltbnal CO Custom Bathtub Inspection edy $ubmistion Fee (prr 2 07 2009 2009 $ $20000 $200.00 same same same w lee In 2009 riesv lee In 2009 rartfied sne pool Flood Zone 0etermination Foundation Only Pennk <. ... 2009 2009 $25 per property $1,258/$2,000/$9,000 same a ew lee in 2009 new lee In 2009 fors/f, mdti,wmmerdal Foundation Prep Work Only In[Mor &dl6Obt lpre lserrnin a ",'~ Lost/Replacement Plans Muter Plm 9tdanlision MMiral Gas Installation Misttllaneous Mi[igationNeri/lotion AfOdavi[ ... .;~ Muni Uan Reduction App fac No Final Inspection Fee Nuis Abate/Admin Pan feo Nuisance Abatement ...s. _,,,, Open Permlt/Properly Search Overtime Inspections Perulty~NO Permst a.. ~ ~_ Permits Renewal/Permit fA4rcflul Revised Drawings/Plans itlewalk Cafe Sidewalk Cale late Penalty P i i m.,s8 ~ gn erm ts Special Collection Fees , , _ , errant/Landlord TOTAL ADDITIONAL F DEPARTMENT: Environmental Serv R:es VY 1f):1 Rrrommenued f1' 11>ll Increased Comments fee cateenrv fee suit. carewry La.un:rea:ed rY o5-:D Fee Revenue P mits F k 05-10 Stlu*~s The Parlm9 ManagemenlSWdy was Parbnq ar ~ng er Beach preaentetl at Ne B/10/10 Commisvon Workshop. AnY POEendal perkanq he . changes would be discussed during Implemanbeon of be Parking SWdy Parbnq 6each~A'AiAtlanic 09-1C f125fir See eommen[above aarkinq Downtown Gore Parting 09-70 55.00 Flat Rob See comment above TOTAL ADDITIONAL PROTECTED REVENUE FOR FY 10-11 -ENVIRONMENTAL SERVICES TBD TBD DEPARTMENT: Parks & Recreation fY 10-11 Recommended fY 10.11 Incmased Comments tea Category Fee Sub~[ategary test Increased FY 0410 Fee Fee Revenue Veterans Park Senior Bridge Dues 0310 res.-$15 non~$20 same veterans rack Cites: Dues 0410 res-$20 non 52s same etxrans Park Veterans Park Veterans Park $huttleboard Dues. Lawn Bowling Peymntt mlleRed from instr actor 0410 yr-$1D lvgyr$5 res $40 non $d5 2516)resideM 35%/norv me same ,. ~,n.+ s ~` ;' Veterans Park Day bus Trips Overhead Charge 09-10 0410 resident res $5 non $10 rn-$35 norr~$40 _. same _. + -~` - Cpmmuniry CerRe1 mmunity Center ~o Yputt~ Basketball or Aerobic Payment collected from instruct ]5%/resident 359Nnom resident same ~ .. Pompey Park Pompey Park Teo-Ball "~ ~" T . Domnos Tournament 0310 . 0410 rn-$30 nor'$35 res-$30 nor$35 mite same .. a -~^^s~ ,. Pompey Perk Youth Track aM Fldd ~~ z'~ •< ~ res-$40ron $CS same „a... ~ . Pompey Park , P W Tenn s CI nit r Termis Om S 041a -0410 res-$25 nor'$30 es-$35 norf500 same same ,,,,~ , ~.,~ „ „ .. Pompey Park Pompey Park Family Fun Day p umme Food Boots 09-10 $200.00 same 5 B/13/30 DEPARTMENT: Parks & Recreation -Continued Fee Category Fw Su4Category last Incrxsrsd FV W~10 Faa ~' 14ll RemmmendN A 3011 Increased fummwrts Fee Revenue Vompey Vark-Family GUn Day NomlooA ROOIh P}10 $1]500 same 4 Famg Fun Day P P Additional FooUge pet foot $5.00 came y nmpey x Vompey Park -Family Fun Day lent Rental l t h f P}10 04}0 $1?5.00 res 530 non $35 same same ~ ~? Pompey Pxk-Famgy FUn Day Pompey Vark Family FUn Day en ow entry (ee or si S entry fee for food comest 0310 -- res-$65 non570 same ` "~~ ~~' " Pompey Park Vnmpey Park TravN Basbeba9 Y60A tl0 Tournament/team 0410 00-09 -'-res$30 non$35 $29500 $154A0 same same same , v -mgp5f :~ . Pompey Park Pompey Park Adult Basketball leagsn/team All Star CheerleadinR 0310 es-$55 non$60 same Pompey Park Rocks Early Reglrtratlon. 09-10 res-$70 nan$1$ Pnmpey Park Racks tst Child Resident i 0310 9914 $7500 $8000 same same fi. .: " Pompey Pxk-Pods Pompey Vark -Pocks dent lrt Child Non res 2nd Child Resident id P}10 0910 $]000 $7500 same . Pompry Park-ROdts Pompey Park ~ Rocks 2nd (hlid NOmres ent 3rd Child Nesident 0310 0910 $65 UO :$7(100 same same .. - '. .; . .. .., ` PompeyPxk-flods Pompey Park ~ Rods 3N Chdd NOnrcs(tleM 4[h or more Child R siden[ W l 0310 0310 $60.00 00 $65 . . Pompey Park ~ Rodts Pompey Park en 4th or more Child Nora-ns Youth Ilag football d d . 17110 0410 . res-$30 non535 res-$30 non$35 same me .. - Pompry Park Pompey Park Pea s D4monds an Delray Oivas M b hi S l T 0910 0914 . res-$30 non$35 $60 00 same e . tln Aquaria em ers p w m eam ndiyidual Swim Lezsons 0910 . res-$AS nen550 Sa4 D4 sa same - - Aquedr9 Aquatics SMm Tnlnlltg Lfeguard Challenge . $45.00 $35 30 same sam ty _ .. Aquatc6s Group $wym lessors Ir. lifeguartl Program l 0310. Ls910 rer$ non $8.C0 es-$50 nan$55 sa sam ,. ~ Mean Rescue/Jr. linguard Ocean Resau/Ir. Llieguard spdtg regirtntion ee summer regs[ration fee hi 17110 4910 es $120 non $130 rn55 ron$30 same sam . ,.. em Center seen Center p Tem Center Members Skate Park Membership 0910 0410 n $5 non $10 res $150 non $175 sa . Teen Centx AMletia ~ Sr. Gomez Skate Camp/sesn Peg shationiintludn one events 0970 520.00 $SAO same ~~~ AtMetla ~ Sr. Games gthleha~Sr. Games Addmtasal Events Additional Fee far Bowling is $4.00 $1406 same same :%~ ~ „ ~ :'. . AtNatia • Sr. Games Athleti6-Sr. Games AddRional Fee M Tenn Additional Fee for Permit GOd t GM $35.00 $40 t%3 me ., . . WR76- k. Games Athletio ~ Sr. Games Addtional Fee ar NorrP Closing Ceremmy -Additional person for dinner 17110 $20.00 same .. Athletio Athle[ia Gditeague Adult Athletio League Fees 4310 res$30 rlort$40 $325/b-ball team same . - gthietia Kiss Fest/HaalM Felr Vendor Fen 0910 $450/softball $4235 CpmmeraaJ same gthletia Turkey Trot-Pre Reg shation 09-10 0410 $35-W NOn-Pmflt $25 RUn/$20 Walk $30 Rsm/$25 Wa1# me .. :. ~uav tNetia gthlen¢ Turkey Trd-Day of Fees DaeBUau hter Dance 04i0 es~527 non $32 6 8/33/10 DEPARTMENT: Parks & Recreation -Continued fY 1611 Recommended FY 1611 Increased C ments Fw Gtagary Fae gub~Catsgory lust Increased FV 0930 Fee 520 5 5 Fee e gevenue om Catherine Strong Park Catherine Strang Park Start Smart Programs Summer Camu ReR~stratiun fee p310 0310 non res~ 1 5.5.W $400 res $440 non same same Catherine Strong Park Summer Camp fee Catnerine Strong Park Summer Camp ~-`~h~"'cc• $''<5.00 bxludad in ra^W fa Pum Perk e Tennis Lessons (Private) 0310 $25 /hr $i5per1.2M wnie ~'~s^ - p y PpmpeyPark Tenns Lesions lGroup) R irtration Fee 1H 10 $40/hr $25.110 same same After Scho<N After School eg Mnnthiy Fre 0310 $5500 $36 00 tame same $BAO/mo, argil i7J31/09. Slatting IJl/1 Aker Scholl Monthly Fee - Enrdled with Family Central . the fee iroeased [o $36 tX1Jmo. for Famiy Central psrticioants Family central reimta,rses ciN Ixr door attentlanre per child. Reimbursement Ratr.; FWI day ~$ltt.ll6Jchild, Aktt Scfigoi- S8 ra/day miner Camp Summer Campfees i t s Fi ld T 0310 $545.00 pert ofompfees same qll ~.ncluzive SUmmerGmpfee Summer Camp Summer Cemp er Camp p r ee e Summer Camp• Summer Camp- gegisha[ion (ee Summer Gmp-Trarrspormtipn fee part of rampfeex part of mmpfees DEPARTMENT: Parks and Recreation -Recommended Facility and Pavilion Rental Fee Changes Fr 1611 Recommended FY 1611 increased c nts Fea Gte{ory Fee Sub~4te{ory last Incensed FY 09~ 30 Fea ah h 200 omme Fee gevenue same paviliau Pavilions Agarstic Dunes Park Veterans park Gatebo 03]0 0310 0310 r,. $ ) r $130/2 $130/2hr, $200/4hr $40/2hn vine e sari Pavilions Pavilions VeteransPek PaWlion Pompey Pod Canopy 0310 0310 $50/4hrs; $90 all daY $90 all daY $50/dhr same same $amefee far both lar{earM small Paviliom Pavilions large pavigon Small pavilion 0310 , $50/4hr; $90 all tlay $a00/d 4h same me rorvpnfk$330/ahrs:$IOWday Park Old Schwl 59uare one area rental Old Stlsoo159uaretwo area rentals 0310 0310 031D rs; aY $220J $440/4hrs; 5800/daY $1 OOD/tlay $B6D/4Ws same same non-profit $220/4hrs;$400/day norrpoDt $330/4hn;$6(%UdaY Old Schaal 54wre-mtlrc park Old $choo15quarewater hook up 09-10 ;. , Mln. $ZO same ,. tNd Sd+ool Squaro-Nectric 0330 $20ga[tee same ,. `;. :.. park Beach Sailboats $200/Yr proposed change will be before Commbsion Iqr onsiderarlon in OralnaMe 1610 SubtotaP. Projected additional Revenue -Pavilions/Park $5,300.00 ~ b13/]o DEPARTMENT: Parks and Recreation -Recommended Facilit y and Pavilion Rental Fee Changes -Continued Fee Sub~Gtegory F 6ta o last Incrwsad FY 0430 Foe FY 1611 Recommended FY 16 L1 Increased Comments ee g ry Fee Reve HOOM RENTAIS Facllkles Slagle room 0&09 $30/3hrs $3U/2hrs• changed roam rentals frdn 3hrs to ihrs Facilities .. Fxllkles 2.waY room 3~vvaY nom 0410 0410 $60/3hrs $90/3hrs ~ ~<.~. ~~ - $90/?hrs• - vvhidsincYeased the fee me Facilities Feclutles Ki[chm Room fee for addltonai hrs. 08-09 0&09 $30/3hrs $10/Iv $ID/IV Facllltiez 0410 $30/hr Homeowners AszociaLOmMOn.-fri. only /Ci k GrtAr s rdt C 09-10 SSO/hr same Facilities GYMNASIUM Facflttles p ommu y v Gymnasum (m admiafon feel 0&09 $100/3 hrs $100/hr• lunge to hourly rate Facilities Gymnasium fee for additional hrs. 08-09 $40/hr changed hourly rate for rental of gym FacJ00es Gymnasium (with admissim) 0649 51x14 SC%tltket sale s $1,000 flat nte+noom Hord non-profit 50%of fee KATE PARK facilities Skate Park-no admission 0410 $100/3hrs w ~., .. changed to hourly rate Facgkies Skate Park-atlmissbn changed 09-10 $250+90%tit*et sale s $300 flat nte+room romproM 50X Of tee racilitiez Skate Park - additional hours 09-10 $AO/hr nmN change hourly ate (or rental of park POOI REMAI Fadlities Pod (Indudes 2 guardsrflr to SOgutsts] $100rihr minimum $30D/Brr minbnun' changed Pool rentals from 3hrs to 2hrx vdskh lnveesed thefce me Facilkies Additional fours l m $35/hr rsmr same tame Fxilihes AfrER NOURS/WEENEND SUPERV A4lhiaru Lifegua ISOR FEE Tall rentals) F ilRi s ervisor fee Spm Ah H r /Wcakend-Su 09-10 $2$/hr - <.. Increased houry rate tp include setup lee. ac e p er OU s FddaY-Midnight Su.May - ~ ~ "` varii~nes servo Fee Idemrdaner smedmed renter 0409 $so none hrsl GYMNASIUM/MULTI DAY EVENT (2 or marcd ys includes Sup rvisorfN) s"° _ ~ F " -'- FYURLIas .,. ~_ _ nafl DaY Event I6 or kbslsoutsF ~ .. Full Day Event lover 6 hours) -: <. n/e, '.5 n/a $1.D00/day' ..,. 3, u1:.ms>a,. . _t::.. ...~..-.,... DEPOSIT mrr-profit 5011f of fee Faclikiea .. .-. Rooms/Rod .' .. 064J °a"~t~ ,= same .., ~ _ ; ~ < ,~.. Facllllies Gymnasium/Skate Park 0409 $200 Subtotal: Projected Additional Revenue -Facilities $8,500.00 6/13/10 DEPARTMENT: Parks and Recreation -Recommended Facility and Pavilion Rental Fee Changes -Continued Fv lau Recommended Fr lo-ll In«wud e t Fa Category FN subbtegory last Increased FV 09-10 Fae Fee a emm.n Revenw FIELD RENTAL 18-10 $SO/Ihrs same ~' FiNd F-geld Rental for sports fields Field lights 0410 $30/hr n/a same $33)$35 par IlNd ~' v . ': Field fiNtl Fly flNd Unes-Sarver/BaseWIl Supervisor Fee . anizations~fee/FVrtdpant Or 0410 $75/hr n(a _ p... ,,,,. - > . TOURNAMENT FEES , ~ e n/a $300Jteam nanp[PHt 50%ol tee ,. Field Conress o. Bu'Iding Tnumament Fees Feld PrePHalf day/Full day ^ " ,g - ~ "' 'Y '1% for rtomcltY evenb; 100%to home Percentage for use o! building ~ .~ V1Yr tbsga faegs16 . ,.. :; I5A' ~ atY Tuurtmswn: Hurt league arena I Subtotal: Projecte d Additional Revenue -Facilities $23,500.00 TOTAL ADDITIONAL PROJECTED REVENUE FOR FV 10-11 -PARKS & RECREATION $37,100.00 GRAND TOTAL ADDITIONAL PROJECTED REVENUE FOR FY IO-11 $72,120.00 Nob 1: special Event Fear ~ all event producers eacept 1« Uly sports«ed events wv lu!>. «rascs m rem w purrnase Hems neaoea in~e~u,g. ua,~• ,~^^, •~•° °•~ ~ ~~°_ . _.._.., ~-..--.- °-_ ~---~- •--~- - ovmed generatersl, sta8e, [rash boaes, signage, etc _. .. .. __... 9 8/13/30 LOCATION TYPE 5 RENTAL 60/2hours DEPO5t7 $100 5 AFTER 45/hr Delray Beach 3 -way room $ 40/2hours 5100 $ 45(hr 2 1 -way room -way room S 30/2hours $SOD $ 45/hr g ym-no admission $1,000 FLAT FEE Add'I hrs $20/hour Boca Raton (profit /non-profit) r oom (capacity144) 5114/$718 $100/$250 room (capacity88} $87/$360 $300/$250 room/capacity44) $45/5145 $100/$250 room/capacityl5-30) $56/$206 $100/$250 {resident/non-resident) gymnasium $100/hr/$150/hr $300 add'Ihrs $50/hr/$50/hr Boynton Beach art studio/classroom 575/$60hour 5300 $35/hr 'require inwrance mtg/act/prog rooms $35/$85hour 5300 535/hr 'fees define by residency auditorium $50/$170/hour $300 535/hr and non or for profit gymnasium 550/5170/hour $300 $35/hr event rm(intra pk clubhouse $100/$300/hour $300 535/hr multi-purpose room $45/5135/hour $300 535/hr rooms A&B(sims center) 540/5130/hour $300 535/hr room c (sims center) $8015260/hour $300 $33/hr Greenacres gymnasium $100/hour 5150 $30/hr room {apatity 40) $50/hour $25 530/hr room (caparJty 28) $35/hour $25 530/hr room (capaaty 15) 520/hour $25 $30/hr kitchen -prep only $10/hour 525 $30/hr Jupiter gymnasium $100/$700 $100/$1000 $24/hr 'fees defined by residency audtorium/stage 530/$350 $100/51000 524/hr and non or for profit 2/3 audtorium $20/$220 $100JS3000 524/hr 1/3 auditorium $10/$110 $100/$1000 $24/hr multi-purpose room $50/5575 $100/$1000 $24/hr Kitchen-catering $100/$250 $100/$1000 $24/hr civic center(capacity 100) $200/$300 $250 no staff old town hail(ppacity 50) $SO/$25/hr $100 no staff Lake Worth rooms 5160/4hours $100 gym-re5/non resident $100/$150 $300 additional hours $SO/hour South County Civic Center` civic-classroom $5/$10/hour $50/$75 515/hr civic-assembly room 510/$15/hour $250 515/hr civic-combination of 2 rooms $15/$ZO/hour $250 $15/hr civic-entire assembly room $20/$25/hour 5250 Si5/hr private-classroom 530/hour $75 515/hr private•assembly room 550/560/hour $250 $!5/hr private-combination of 2 rooms $85/$100/hour $250 $15/hr private-entire assembly rooms $95/$115/hour $250 $15/hr Town of Palm Beach auditorium S85/hr $200 $25/hr meeting room $65/hr $200 $25/hr Pompano Beath auditorium/gymnasium 5100/5200/3hrs 5100 (resdent/non resident) additional hours 525/550 Banquet room $75/$150/3hrs 5100 additional hours 520/40 Other rooms 430/$60/3hrs 5100 addiftional hours $ID/$2D Kitchen 525 Stage 450 Floor covering 5100 set up/breakdown 550 Deerfield Beach Main room $375/$428 (resident/non resident) Gym $100/5200/hr Main Pavilion $89.50/$169 Gazebo 564/$116 Small Pavilion(Mayo Howard Pk) $169/$222 Main Pavilion(Johnnie McKeithen Pk) 5169/$222 U:\XLDATA\agenda\Municipal Facility Rental Comparison-8-11-2010 8/11/2010 2:40 PM created by: Gail Vanhove 8/il/Z010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 9 C -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 SPECIAL EVENT PERMIT /DADA'S 10TH ANNIVERSARY PARTY ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit request for Dada's 10th Anniversary Party proposed to be held on September 4, 2010 from 4:00 p.m. to 2:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the use and closure of NW 1St Street from Swinton to NW 1St Avenue, to approve staff support for security, barricading, cleanup and to approve set up and use of the large city stage. BACKGROUND Attached are a letter, special event permit, budget, and site plan for this event received from Bruce Feingold, the event producer. The request is to utilize this outdoor area until 2:00 a.m. The request includes the playing of amplified music and the extension of their liquor license to the street area. Staff recommends that the cut off time be 11:00 p.m. versus 2:00 a.m. due to the playing of amplified music with the impact this will have on adjoining neighborhoods. This is a new event and the producer will be required to pay 100% of City costs. The estimate of these costs is as follows fora 2:00 a.m. closing: overtime $1,780, stage rental $533 and trash boxes $35 for a total of $2,346. With an 11:00 p.m. closing time, these costs would be reduced by approximately $800 and more if the event producer does their own clean up. RECOMMENDATION Staff recommends consideration of approval of the event permit, the temporary use permit, staff assistance as requested and use of the large City stage with the following conditions: 1. Event ending time 11:00 p.m. versus 2:00 a.m. 2. Submittal of Certificate of a General Liability Insurance, 10 days prior to the event. 3. Submittal of a Hold Harmless Agreement, 10 days prior to the event. 4. A copy of the Temporary Alcoholic Beverage License/Permit extension, 3 days prior to the event. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3637&MeetingID=268 8/13/2010 August 6, 2010 To Whom It May Concern: This letter is to inform the City of Delray that for Dada Restaurants 10 year anniversary we would like to close the street for our event. In doing so we would lilze the street to be closed for our entertainment from 4pm on Sept. 4th 2010 till Zam.. We are with the understanding that the cost will be $2,346.63 for the event with the city. That would inchide paying the city for clean up, Police, barricades, stage and employee to man the stage and boxes for garbage. If you have any questions or concerns please feel free to contact me. Sincerely, Bruce Feingold Clief/Partner Bmuclca727(a>>nsn.com 561-330-3232 CC: Scott Frielich- Vice President Rodney Mayo- President Food• Drinks• Mu~c•Prt• CuFture• History 5? North Swinton Ave. Dehay Beach City of Delray Beach RE Special Event Pertnit JU Application ADMINI~ PLEASE TYPE OR PRINT Event Name/Title: ~A~ ~ ~S~T~ y 2-A ~T Event Dates}: S2~'T . ~ ~ ~ ~ Times: '~ pi''t Event Sponsor/Producer: ~~ ~ p' ' 0 Event Contact/Coordinator: r/2uGe FC't'~j017 ors Sc_o'l~ ~-t~e.~iL~- Name: ~ 2U t.G r~ ~ n! 5 a - Address: Sa N S ~ i ~ so a nv~ . Telephone Number. 33~ • 3 Z3 "L Cellular Number: ~-~ 3 - 299 •~ E-mail Address: ~Rv~-~ "F~A~n G2- n~S-J •C~M Event Description/Purpose: /D ~ /} Nil de R,SR ~-Y Brief History of Event (If applicable): ~i ~-S C Ey4~i~" Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): So~S~ wl ~l v~ n1 ~sie. Number of Individuals Served Previous Year (if applicable): /-/~ ~ Describe the targeted population and expected attendance: 30a Describe how the program or project addresses comma l/'t e A,ze -~ /Z cS7r3u.2Ann- %a ~ L d +-~ ^~ LA IrS• Describe your Marketing/Promotions Program (How will you market promote, i.e. TV, radio, posters, flyers, web sites, other}: Q13 ~.++ Flou,~ (~2u,v-o. a.1~D S~'T~ ~ Ft`j~'~y~ Po ST~,c.S Sponsor Category (please check) City ^ Non-Profit/Charitable ^ Private Co-Sponsor -Non-Profit/Private ^ (If Norr profit attac{r proof of S01 c(3), c(4}, c(6), C(10), or c(19) or (rl) Event Location (Describe area boundaries of eveiit/location): Site plan attached: yeS~. no (Site p/mr required for errlire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Private Propert}~ Use: yes_~_ no (If yes, attach letter giving authorization from property owner) Event budget attached: yes_._~_ no (Required for all everts) Previous year Revenue/Expense summary attached: yes_ (Required for all events) Do you have cash sponsors for the event: yes (Indicated on budget) Do you have inkind sponsors for the event: yes (Indicated on budget) needs; _ -y Fd ~ no X~;~sryQfirz. no no •~ C:1Documenes and SepingslLisilDesktop\Special H~-ent Permit Application FINAL 9.6.0'l.doc Serving or selling alcoholic beverages: yes no (If yes, copy of lice-tse nud alcohol linbilllj~ i-tsura-tce reriarire-1 Iwo (2) -veeks prior ~o eve-t1) ~ 07J~ a~ o-urL f~ie.~'~2'r`f ~, Event certificate of insurance attached: yes ~ rlo (Required two (2) weeks prior to event -ta-rling Il-e City ns arlditio-tal instaerl, also required fo-• vendors) Playing of amplified music: (Waive-• required) yes ~ no Will there be entertainment: yes ~ no. (If yes, attached [ist of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes x no_ Requesting Police assistance: yes no x (traffic control/security) k ~I eJS ~~Y ~ ~"~ ~ y o'f`f Will supplement with private security: yes_~ no (If}yes, need plant allached) Requesting Emergency Medical assistance: yes no_~_ Requesting barricade assistance: yes .~C no (If no, ho~v are you handling?) Requesting trash removal/clears up assistance: yes~____ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes x no Requesting stage use: yes~_ no (If yes, check Ippe) Large stage (14' x 36')~Srt><ali stagc (16' x 21') ^ Half small stage {8' x 21') ^ Requesting signage: )'eS nO Typc: 4'x4'i;vent sign Parking. Signs Banner hanging Indicate dates required (i3'aiver required if more Than one (1) week prior to event) Requesting City Portable Generator: (Tf yes, size & po~vet•) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes ~ no~_ yes no •~ yes no C.V~ocuments and Settings\l.isilDesktoplSpecial E~~ent Pem»t Application FINAI, 9.6.d7.doc Other vendors: (Indicate type) yes no .~ Tents: YeS too .k If yes, How marry Tivhat size or size rerlrrired (If yes, teat permits and frre inspections rnrry be needed) Will the event include amusement rides: yes no •~ (If yes, type nnrl location arrd copy of liability inscn•ance required, also requires state license artd inspection.) Will tl~e event be gated: (Show on-si.te nrnp) yes no X Will there be a charge for the event: yes no •~ (If yes, indicate ticket prices) Will there be fireworks ot• othet• pyrotechnics: yes no_~. (If yes, contact Fire Marslrrr! to obtain and complete permit application) Will there be cooking with compressed gas: yes no~_ (If yes, contact Fire Marsha! for inspections) Will you be providing port-a-lets for the event: yes ~ no (If yes, locate on-site ~rrap. If no, indicate how yort will Iranrlle restroo-rr needs) Is reserved parking requested: yes no X (If yes, indicate locations and purpose for use) Event Permit Attachments: x Revenue/Expense Budget l<}, Revenue/Expense Recap Last Years Event Site Plan X Letter Requesting Noise Ordinance Waiver ~-Letter Requesting Waiver Consumption Alcohol Beverages _n1~_ __. Proof ofNon-Profit Status ---- ~~ -- General Liability Insurance Certificate X Alcohol Beverage Liability Certificate .~( Proof of Rental Agreement or Authorization Letter from Private Property O~~~ner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days pt•ior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:\Ik~cuments and SettingsU.isilDrsktoplSpeciai T:acnt Permit Application FINAL 9.6 Ol.doc f`~~ -~- Event Coutractorl oordiuator Date Please print: ~2u[c ~=t~ Np ~I'?~ Please enclose the appropriate non-refundable application fee payable to the City of Defray Beach, 100 N.W. Ist Avenue, Delray Beach, Florida 33444. Required with permit application. For Stnff Use Onl3~ ~' Date Received ~ ~ ~/~ Application fee received $ /y~ C:1Documents and Settings\LisilDasl.KOplSpeciat Event Permit Application FINAL 9.6.07.doc SECTION 5-DESCRIPTION OF PREMISES TO t3E LICENSED AB&T AUTHORIZED SIGNATURE REQUIRED Sketches should be drawn in ink and include all walls, doors, counters, sales areas, storage areas, restrooms, bar locations and any other specific areas which are part of the premises sought to be licensed. A multi-sto buildin where the entire buitdin is to be licensed must show each floor. Trade Name (D/B/A) O N ~ S W t3ARQ-coe5 SW t t~rf"pN /-{V ~ a>3DD ~, , ~ .. P~~~ ~ •ttze~. :~• ~ t z ~ ~ 1 ,~ ~Z~ ~ t a ~ ~ ~~ .' '~ (~ _ '~o..~ ~ I+~j .~ ~ ~ '~ ~- ;x ~'_ Q k Vl ~ ~ k ~ ~ s~~ ' k~~."''~ ~ J ~. w r~ ~x ~ir•e~>~a.u~c....~e-.S ~ 4 ~ C~-ry "~QN~v~S C~l4r" Receipt Number Date of Receipt Extension Fee Daie AB&T Authorized Signature ^ Approved O Disapproved August 6, 2010 Mr. Robert A. Barinski City of Delray Beach 100 N.W. 15~ Avenue Delray Beach, Fi. 33444 RE: September 4`h -Budget Dear Mr. Barcinski: This letter is to inform you that our budget for our even Saturday, September 4~', from 4:00 pm to 2:00 am. Bu< be paid for by Dada restaurant. The estimated revenue Sincerely, Bruce Feingold Chef /Partner Dada Restaurant 561-330-3232 ~~~~~~~ ~.t±~j a ~ X010 A9M1NI3TRATl1f S SEFIVIC~S Healthcare Appraisers T NCO R P O R A T F. D July 7, 2010 City of Delray Beach 100 NW 1St Avenue Delray Beach, rL 33444 To Whom It May Concern: Re: DADA Restau~•nrtt - Sepfe`t:Ger 4, 2010 RECEIVED JUL 12. 2610 ADMINIStRATIVE SERVICES Please he advised that Healthcare Appraisers, Inc., which occupies the entire building located at 75 NW 1St Avenue, has no objections of having the street closed on September 4, 2010. Additionally, our parking lot can be blocked off and DADA has our permission to use our parking lot for their uses. If you have any questions, please do not hesitate to contact us. Thank you. Sincerely, Daryl Johnson Principal Corporate Oftice: 7~ N1~'4~ 1'' Avenue, Suite 201 Ueira) [3each, Florida 33~4~ www.HealthCareAppraisers.com 17elra~ Eieach Denver T)allas Chicago Philadelphia Boynton Boundless, LLC 10 SE 1s1 Avenue, Suite C Delray Beach, FL 33444 Telephone: (561) 265-2666 July 16, 2010 VIA HAND DELIVERY City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Dada Restaurant 52 N. Swinton Avenue Delray Beach, Florida 33444 OUR FILE NO.: DELN084 Dear Sir or Madam: DaDa's Restaurant is having a 10-year anniversary party on Saturday, September 4, 2010. They have requested to barricade NW 1s1 Avenue for this event. We are the property owner of the building located at 102 North Swinton Avenue, Delray Beach, FL, and approve the parking lot and street to be blocked for the occasion. Please contact our office at (561) 265-2666 with any questions. you for your consideration in this matter. Very tr y ur , \\~~ 4 V Mic ael .Weiner MSW:jck cc: Mr. Bruce Feingold O t80YB0131Lotter to qty of DB re dada's 7.16.10.doc Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 13, 2010 SUBJECT: AGENDA ITEM 9 D -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 MOTION TO VACATE ITEM BEFORE COMMISSION Item before the Commission is for authorization for the City Attorney's Office to file a Motion to Vacate the arbitration award in the Michael Brown arbitration matter to the Fifteenth Judicial Circuit. BACKGROUND The arbitrator rendered his opinion on July 7, 2010 in this matter. The arbitrator failed to take into account the limitation on the arbitrator's authority as set forth in the collective bargaining agreement. It is the opinion of the City Attorney's Office that the arbitration award be vacated. RECOMMENDATION Approve the filing of a Motion to Vacate. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3659&MeetingID=268 8/13/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 9 E -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENTS TO THE PLANNING AND ZONING BOARD ITEM BEFORE COMMISSION This item is before Commission for appointments to the Planning and Zoning Board. BACKGROUND The terms for regular members, Ms. Deborah Dowd, Mr. Paul Zacks, Mr. Joseph Pike and Mr. Cary Glickstein, will expire on August 31, 2010. Ms. Dowd, Mr. Zacks and Mr. Pike will have served two (2) consecutive terms and are not eligible for reappointment. Mr. Glickstein will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed for four (4) regular members to serve two (2) year terms ending August 31, 2012. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Alejandro Borrero. Mr. George Thacker is registered to vote in Broward County. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for four (4) regular members to serve on the Planning & Zoning Board for two (2) year terms ending August 31, 2012. RECOMMENDATION Recommend appointment of four (4) members to the Planning and Zoning Board for two (2) year terms ending August 31, 2012. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3620&MeetingID=268 8/13/2010 PLANNING & ZONING EXHIBIT A Jose Aguila Principal-Architect (also applying for the Site Plan Review & Appearance Board) Isabelle Alarie Principal-Architect (currently serving on the Board of Adjustment) Parnel Auguste Real Estate Attorney Ron Brito Contractor-President (also applying for the Historic Preservation Board) Christopher Brown General Contractor/Real Estate Reginald Cox Architect (also applying for the Historic Preservation Board; currently serving on the West Atlantic Redevelopment Coalition) Margherita Downey Self-employed/Attorney Clifford Durden Educator Joe Farkas FinanceBank Manager (also applying for the Historic Preservation Board) Gerald Franciosa Accounting/Retired-Law Enforcement (currently serving on the Code Enforcement Board) Ronald Furst Retail-Business Owner (also applying for the Site Plan Review & Appearance Board) Bruce Gimmy Self-employed/Retail (also applying for the Site Plan Review & Appearance Board; currently serving on the Parking Management Advisory Board) Cary Glickstein Land Use Attorney Incumbent Sigurdur Hardester Sales Manager (also applying for the Site Plan Review & Appearance Board) David Haycock Claims Adjuster (currently serving on the Public Employees Relations Commission) Jose Herrera Event Coordinator (also applying for the Board of Adjustment and the Site Plan Review & Appearance Board) Allen Kilik Retired-CEO (also applying for the Board of Adjustment) PLANNING & ZONING EXHIBIT A Mark Krall Attorney Rustem Kupi Architect (also applying for the Site Plan Review & Appearance Board) Nancy Lierle Retail Jennifer Morris Principal Planner Ralph Morse Retired-Safety Inspector/Photographer Bryce Newell Real Estate Broker (also applying for the Site Plan Review & Appearance Board; currently serving on the Board of Adjustment) Michael Park Self-employed/Real EstateBanking (also applying for the Board of Adjustment and the Site Plan Review & Appearance Board) Kenneth Peltzie Self-employed/Health Administrator Shelly Petrolia Realtor (currently serving on the Delray Beach Housing Authority) Mel Pollack Security-Director (also applying for the Historic Preservation Board, Site Plan Review & Appearance Board and the Planning & Zoning Board; currently serving on the Board of Adjustment) Albert Richwagen Business Owner/Sales (also applying for the Site Plan Review & Appearance Board; currently serving on the Code Enforcement Board) Perry Rohan Business Owner/Real Estate Broker (currently serving on the Affordable Housing Advisory Committee) Sam Shannon Director of Community Development Annette Smith Interior Design/President (also applying for the Site Plan Review & Appearance Board and the Historic Preservation Board) Harvey Starin Real Estate Broker (currently serving on the Board of Adjustment) George Thacker Account ExecutiveBusiness Development Manager (currently serving on the Code Enforcement Board) Alan Weitz Mortgage Banking/President (currently serving on the Affordable Housing Advisory Committee) Andrew Youngross Principal-Engineer .....r.r,. i i 08/31/2011 Alson Jacquet Leal Consulting Umxp Appt 05/05/09 Reappt06/18/09 08/31/2011 Conner Lynch lnsuranc~~ ~ ~ppc os/is/o9 Contact: Denise Valek, x-7041 S/City Clerk/Board 10/Planning & Zoning Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 9 F -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before Commission for the appointment of five (5) regular members to the Site Plan Review and Appearance Board (SPRAB). BACKGROUND The terms for regular members, Mr. Shane Ames, Ms. Svetlana Bogdanovic, Mr. Mark Gregory, Mr. Jerome Sanzone and Mr. Chris Stray will expire on August 31, 2010. Mr. Ames, Mr. Sanzone and Mr. Stray will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Bogdanovic will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Gregory will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for five (5) regular members to serve two (2) year terms ending August 31, 2012. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3621 &MeetingID=268 8/13/2010 Page 2 of 2 Commissioner Fetzer (Seat #2) for five (5) regular members to serve on the Site Plan Review & Appearance Board for two (2) year terms ending August 31, 2012. RECOMMENDATION Recommend appointment of five (5) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2012. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3621 &MeetingID=268 8/13/2010 SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect (also applying for the Planning & Zoning Board) Shane Ames Architect Incumbent Rustem Kupi Architect (also applying for the Planning & Zoning Board) Bryce Newell Real Estate Broker (also applying for the Planning & Zoning Board; currently serving on the Board of Adjustment) Michael Park Self-employed/Real EstateBanking (also applying for the Board of Adjustment and the Planning & Zoning Board) Michael Sneiderman Sign Contractor Annette Smith Interior Design/President (also applying for the Historic Preservation Board and the Planning & Zoning Board) Chris Stray Landscape Architecture & Design/Interior Design Incumbent Applicants for At Large Seat: Svetlana Bogdanovic Construction Supervisor Incumbent Mary-Elizabeth Cohn Educator (currently serving on the Neighborhood Advisory Council) Alice Finst Master Gardener/Retired-Educator Ronald Furst Retail-Business Owner (also applying for the Planning & Zoning Board) Bruce Gimmy Business Owner-Sales (currently serving on the Parking Management Advisory Board) Sigurdur Hardester Sales Manager (also applying for the Planning & Zoning Board) David Haycock Claims Adjuster (currently serving on the Public Employees Relations Commission) Jose Herrera Event Coordinator (also applying for the Board of Adjustment and the Planning & Zoning Board) Mel Pollack Security-Director (also applying for the Historic Preservation Board and the Planning & Zoning Board; currently serving on the Board of Adjustment) SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Albert Richwagen Business Owner/Sales (also applying for the Planning & Zoning Board; currently serving on the Code Enforcement Board) Ria Santos Financial Consultant Jerome Sanzone Building Official Incumbent S/City Clerk/Board ]0/SPRAB Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 9 G -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item before Commission is for appointment of four (4) regular members to the Historic Preservation Board (HPB). BACKGROUND The term for regular members, Mr. Roger Cope, Mr. Thomas Stanley, Ms. Darla Sernoff and Ms. Toni Del Fiandra, will expire on August 31, 2010. Mr. Cope and Mr. Stanley will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Sernoff will have served an unexpired term and would not like to be considered for reappointment. Ms. Del Fiandra will have served two (2) consecutive terms and is not eligible for reappointment. Appointments are needed for four (4) regular members to serve two (2) year terms ending August 31, 2012. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. An appointment is needed for three (3) of the professions noted to complete the five (5) required professional seats. The following individuals have submitted applications and would like to be considered for appointment. (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. http://miweb001 /CouncilAgendaBluesheet.aspx?ItemID=3622&MeetingID=268 8/ 13/2010 Page 2 of 2 Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for four (4) regulaz members to serve on the Historic Preservation Boazd for two (2) yeaz terms ending August 31, 2012. RECOMMENDATION Recommend appointment of four (4) regular members to the Historic Preservation Boazd to serve two (2) year terms ending August 31, 2012. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 622&MeetingID=268 8/13 /2010 HISTORIC PRESERVATION BOARD EXHIBIT A A~nlicants with experience in the professions required: Annie Adkins-Roof Attorney/Real Estate Broker Ronald Brito General Contractor-President (also applying for the Planning & Zoning Board) Roger Cope Self-employed/Architect Incumbent Reginald Cox Architect (currently serving on the West Atlantic Redevelopment Coalition; also applying for the Planning & Zoning Board) Pearl Markfield-Elrod Real Estate Annette Smith Owner-President/Interior Design (also applying for the Planning & Zoning Board and the Site Plan Review & Appearance Board) Applicants interested in being a Layperson: Daniel Bellante President-Environmental Restoratic Joe Farkas Philip Friedman Karen Goranson Mel Pollack Alexia Rouquette Mays Thomas Stanley Stephanie Sugar Banking-President (also applying f Financial Aid-Assistant Director Operation Assistant/Education - O Security (also applying for the 1 & Appearance Board) Director of Marketing & Public Re Attorney Incumbent Regional Director HISTORIC PRESERVATION BOARD 09/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31 /2010 Roger Cope, Vice Chair Architect unexp ~t ii/u/o6 ReapptOS/05/08 08/31/2011 Dan Sloan General Contractor unexp appt os/o5/os Project Manager xe~t os/o4/o9 08 /31 /2010 Thomas Stanley ~o~y ~t os/o5/os Layperson 08/31/2010 Dar]aSemoff Realtor unexp ~to9/10/09 08/31/2010 Toni Del Fiandra, Appt 09/19/06 Reappt08/05/08 08 /31 /2011 Rhonda Sexton appt os/n/m xe~pt os/o4/o9 08/31 /2011 Pamela Reeder a,~t os/o4/o9 Contact: Denise Valek X 7041 S/City Qerk/Boazd 09/Historic Pipsetvation Boazd Comrrussion Liaison Commissio: Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 9 H -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENTS TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before Commission is for the appointment of three (3) regular members to the Board of Adjustment. BACKGROUND The terms for regular members, Mr. Mel Pollack, Mr. Bryce Newell and Ms. Dale Miller, will expire on August 31, 2010. Mr. Pollack and Mr. Newell will have served unexpired terms, are eligible and would like to be considered for reappointment. Ms. Miller will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending August 31, 2012. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Jose Herrera (also applying for the Planning & Zoning Board and the Site Plan Review & Appearance Board) Allen Kilik (also applying for the Planning & Zoning Board) Dale Miller Incumbent Bryce Newell Incumbent (also applying for the Planning & Zoning Board and the Site Plan Review and Appearance Board) Michael Park (also applying for the Planning & Zoning Board and the Site Plan Review & http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3624&MeetingID=268 8/13/2010 Page 2 of 2 Appearance Board) Mel Pollack Incumbent (also applying for the Historic Preservation Board, Planning & Zoning Board and the Site Plan Review & Appearance Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for three (3) regular members to serve on the Board of Adjustment for two (2) year terms ending August 31, 2012. RECOMMENDATION Recommend appointment of three (3) regular members to the Board of Adjustment for two (2) year terms ending August 31, 2012. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3624&MeetingID=268 8/ 13/2010 BOARD OF ADJUSTMENT 06/10 TERMEXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2011 Sigurd' Harc~ster, Chairperson Manager' Apps 10/05/04 ~P alt Reappt 08/16/05 alt Re~pt 02/06/07 unexp mS Reappt03/03/08 08/19/09 08 /31 /2010 Mel Pollack Security APPt 08/19/09 alt Unexp Appt 02/16/2010 reS 08 /31 /2010 Bryce Nev~ll Real E state Unexp Appt 08/31 /08 ah Reappt 08/19/09 alt Unpxp Appt 04/06/10 reg 08/31/2010 Dale lVfiller T~``~''~"'-'""""' Appt 09/03/08 os/31/2011 Jess cowards Unexp Appt 05/01/07 alt Reappt 02/19/08 alt Appt 03/03/08 reg 08/19/09 ALTERNATES 08 /31 /2011 Isabelle Alarie Unexp Appt05/25/10 08/31 /2011 Harvey Starin unexp Appt o3/ozno Contact: Venice Cobb x-7056 Send Agenda to: A- 1~ Fax final Board Orde S/City Clerk/Board IOBoazd of Adjustment Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 9 I -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Education Board. BACKGROUND The term for regular member, Mr. Gerald Crocilla, expired on July 31, 2010. Mr. Crocilla served two (2) full terms and is not eligible for reappointment. An appointment is needed for one (1) regular member to serve a two (2) year term ending July 31, 2012. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) regular member to serve on the Education Board for a two (2) year term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Education Board for a two (2) year term ending July 31, 2012. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3664&MeetingID=268 8/13/2010 EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Educator (currently serving on the Neighborhood Advisory Council) Waymon Dixon Ministry/Adjunct Professor (also applying for the Police Advisory Board) Walter Earley Educator-retired Jack Fowler Healthcare Consultant Philip Friedman Financial Aid-Assistant Director (currently serving on the Nuisance Abatement Board) Doreen Jadwick Career SpecialistlEmployer Relations/Educator Tam Knight Educator-Retired Myra Leavy Bazemore Educator Isabel Make Consultant-President/Educator (currently serving on the Neighborhood Advisory Council) Sandra Owens Educator n^~ii n F.1)TTC'ATTnN BOARD VTERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2011 Catherine DeMatto Unexp Appt 02/20/07 Training & Development/ Reappt 07/24/07 Marketing & Sales Reappt 07/07/09 07/31/2012 Vacant 07/31/2012 Decline Pierre-Louis Appt07/]5/08 President/Plan & Budget Reappt 07/20/10 Reviewer 07/31/2012 Kenneth Zeno Unexp Appt 08/07/07 Tralning Reappt07/15/08 Reappt 07/20/70 Consultant/Educator 07/31/2012 Debra Kaiser Appt 07/20/10 Senior Director 07/31/2012 Sandra Weatherspoon Appt 07/15/08 Assistant Principal Reappt 07/20/10 7/31/2011 Lydia Carreiro Unexp Appt 10/06/09 Educator 07/31/2011 Sandra Tobias, Chair Unexp Appt 02/21/OG Real Estate/Educator Reappt 07/24/07 Reappt 07/07/09 07/31/2011 Perry Stokes Unexp Appt 01 /03/OG Reappt 07/24/07 Reappt 07/07/09 Educator 07/31/2011 Mr. Peter Raycroft Unexp Appt 01/03/08 Educator Reappt 07/07/09 07/31/2011 Melanee Blankstein Unexp Appt 08/05/08 Educator/Consultant Rea t07/07/09 STUDENT MEMBERS one term limit 7/31 /2011 Nathaniel Ellis Appt 08/04/09 Student 2 YEAR TERM 7/31/2011 Luke Eliopoulos Student 1 YEAR TERM CITY REPRESENTATIVE: Janet Meeks - F;ducation C:oordlnator 143-1L31 COMMISSION LIAISON: Commissioner Fred Fetzer (Primary Member) Commissioner Nelson McDuffie (Alternate Member) Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 9 J -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before Commission for appointment of one (1) regular member to the Nuisance Abatement Board. BACKGROUND The term for regular member, Ms. Linda Laurence-Leib, expired on July 31, 2011. Ms. Laurence-Leib has served an unexpired term, is eligible and would like to be considered for reappointment. The term is for two (2) years ending July 31, 2012. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individual has submitted an application and would like to be considered for appointment: Linda Laurence-Leib Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and she is registered to vote. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve on the Nuisance Abatement Board for a two (2) year term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2012. http://miweb001/CouncilAgendalBluesheet.aspx?ItemID=3625&MeetingID=268 8/13/2010 NUISANCE ABATEMENT 07/10 TERMEXPIRES REGULAR MEMBERS OCCUPATION 07/31 /2012 Wendy Smith Health Policy Unexp Apps 08/18/09 alt COnSllltaItt Appt 02/16/10 reg 07/31/2011 Philip Friedman Retired/IZeal Estate/ unexp AQpc alt o3/0l/05 Financial Aid Reappt r Umxp Reg 3/31 /05 P`PPt Reg Ol /17/06 Re~pt Reg 03/05/07 03/17/09 07/31 /2011 Annie Adkins-Roof Attorney .~to3/17/09 07/31 /2010 Linda La-,u~ence-Lelb Office Manager .fit aat o4/m/o9 Appt Reg 06/18/09imexp 07/31 /2011 Arline Sherman Retired/Physical 07/06 ~ ~ '~~apy ~gp~' 07 R-ap pt 03 Reappt03/17/09 ALTERNATES 07/31/2011 Vacant 07/31 /2011 Barry Tunick Retired Business vr,e~ appt m/zono O~~ BOARD COUNSEL Steve D. Rubin, Esq POLICE LEGAL ADVISOR Cathy Kozol Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: August 6, 2010 SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 PUBLIC COMMENTS/FY 2011 PROPOSED BUDGET http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 611 &MeetingID=268 8/13/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2010 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF AUGUST_17, 2010 ORDINANCE NO. 12-10 ITEM BEFORE COMMISSION Item before commission is for second reading to consider aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND The Commission approved Ordinance No. 12-10 on first reading on July 6, 2010, however, subsequent to that meeting staff revised the ordinance to provide for certain restrictions based upon the number of prescriptions and not the percentage of sales of Schedule II controlled substances. Based on these changes, the ordinance amending the definition of pharmacy will come before you on first reading as Ordinance No. 27-10. RECOMMENDATION Staff recommends denial of Ordinance No. 12-10 on second reading. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 569&MeetingID=268 8/ 13 /2010 ORDINANCE NO. 12-10 AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR `THARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Conunission of the City of Delray Beach has the authority to protect the health, saf ety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pinsuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Comrrrission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amer-ded as follows: PHARMACY Shall mean a retail establishment primarily offering goods for retail sale and on site dispensing of prescription drugs, nonprescription dnagS or both A retail pharmacy may also offer accessory services such as photo processing, e~yeg~ass care, etc No more than 10% of the total sales Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ~wrd be declared by a court of corr~etent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a wiwle or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed Section 5. That this ordinance shall become effective second and final reading PASSED AND ADOPTED in regular session on second of , 2010. ATTEST: CityQerk First Reading_ Second Reading 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 16, 2010 SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF JULY 20. 2010 ORDINANCE NO. 12-10 ITEM BEFORE COMMISSION Item before commission is for second reading to consider aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND At the July 6, 2010 City Commission Meeting, Commission reviewed and discussed the ordinance. The Commission approved the ordinance with a reduction from 25% to 10% of total sales that can be derived from the sale of Schedule II controlled substances. In addition, stafF also added a 30 day period clause during which the Schedule II controlled substances sales can be derived. RECOMMENDATION Recommend approval of Ordinance No. 12-10 on second reading. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3534&MeetingID=265[7/23/2010 12:11:19 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 21, 2010 AGENDA NO: IV. A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION OF PHARMACY. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land Development Regulations (LDRs) that will revise the definition of Pharmacy. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Pharmacy is currently defined in the City's LDRs as a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. The new definition of Pharmacy includes the following additions: "No more than 50% of the total building or floor area of the business shall be devoted to the sale and storage of prescription drugs. Further, no more than 50% of total sales can be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." Schedule II controlled substances are currently accepted, but have a severely restricted medical use in treatment in the United States (usually for severe chronic pain and cancer patient use) because they have a high potential for abuse. Abuse of the substances may lead to severe psychological or physical dependence. These changes are to follow-up on recent changes for medical office regulations which address recent practices (pain clinics), including prescribing and distributing Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the distribution of these substances at medical offices, and only allowed them to be dispensed at pharmacies. It was anticipated that distribution would only occur at conventional pharmacies (CVS, Walgreens, etc.). To assure that the original intent of the Ordinance is met and to minimize the potential for abuses, clarification of what constitutes a pharmacy is now being considered. Planning and Zoning Board Meeting, June 21, 2009 LDR Amendment -Amended definition of the term "Pharmacy" ~~~ . ~' ~ ~~~~~,~ '~~ r ' ~ `~ REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and although no specific goal or objective relates to the proposed ordinance, it is noted that the ordinance is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to the Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to the Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION 1 Recommend approval of the amendment to the Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Attachment: ^ Proposed Ordinance 12-10 2 Planning and Zoning Board Meeting, June 21, 2009 LDR Amendment -Amended definition of the term "Pharmacy" ORDINANCE N0.12-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR 'PHARMACY", PROVIDING A SAVING CLAUSE, AGENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pmusuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted _ to _ to recommend that the changes be approved; and WHEREAS, pLUStmant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the chance is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findingrs in the Planning and Zoning Staff Report; and WHEREAS, the City Conurmission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan NOW THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Appendix °A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: PHARMACY Shall mean a retail establishment pxirnarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. No more than 50% of the total building or floor area of All pharmacies shall be staffed by a state licensed pharmacist. Section 3. 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 3 Planning and Zoning Board Meeting, June 21, 2009 LDR Amendment -Amended definition of the term "Pharmacy" won shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 5. That this ordinance shall become effective inur~ediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of , 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 4 ~ ~ ~ 4900 Linton Bfvd. Delray Beach, Florida 33445 We invite you to experience this gem of a store where everyone is treated like family and this family is treated like royalty. ADDITIONAL INFORMATION FOR ITEM 10.A. r i ~, i i i i i ~,~ At Ira's Discount I friendly faces an acy there are always ~eerful atmosphere. u ~ . °P ; pp N M#' ~' ~~n ~~ ~. i.y., ~. ~K9 al .tt:. t`, r T !, -- ADDITIONAL INFORMATION FOR ITEM 10.A. ,_ ~~ . e ,~~ °'fi~'-.v~..a~ $x~~,:: 3y w:° Y' _ ,~ :.~ ,mow, 'c':,e ^ a :ra 4~~Ft" ~`~~-- ~K prescription. ADDITIONAL INFORMATION FOR ITEM 10.A. <: cards, gifts, and even free ice cream while one waits for their i ~ ~ ^^^i ~ A happy customer receives a complimentary ice cream. Ira's Discount Pharmacy serves many of Delray Beach's senior citizens. __ i :< lF z:. n. !z 5.„~ f t' . 9 i` '. i i ~', u ig ADDITIONAL INFORMATION FOR ITEM 10.A. ~x" Ira's Pharmacy has the following licenses: •Alcohol State •Lotto •Food State •FDA -Sales Tax -State Wholesale License -IRS Tax ID •Alcohol and Tobacco -City Tax Receipt -County Tax Receipt ADDITIONAL INFORMATION FOR ITEM 10.A. >>~ _~ _a..,.:m.._ -- ~' '?was extremely satisfied with the wonderful prices and service at !ra's Discount Pharmacy, I can never step foot into a chain pharmacy again." Rhonda Stein Customer Service - "Ira's pharmacy still provides this, along with person to person contact". This is something you rarely see anvmare..._ Kudo's Ira's. Jenna Rosenblum "I love Ira's pharmacy"Aside from having good drugs at great prices, they have a delightful array of gifts, jewelry and other items for the discovery. And best of all to my husband, they serve you a scoop of FREE delicious ice cream while you wait for your prescription. Don't miss Ira's! Lauren Kaplan "Working for a large doctors off ce, on severs! occasions - I would call the different pharmacies in the area trying to fnd the best place for a patient who didn't have insurance, !ra's always came up with the best prices." Karen Lindenbaum Recently I was talking with a doctor friend of mine. He began to describe a simple but huge problem in his practice: a lot of generic medications are still too expensive for his patients to afford. Many of his patients, he explained, must pay for their drugs out-of-pocket, and yet even the generic drugs at pharmacy chains could cost ahem dearly. "Not a problem at Ira's y Discount Pharmacy, 1 explained." Eric Russak Ira's Discount Pharmacy goes above and beyond. l called to check on a prescription and when !advised the person on the other end of the phone, that 1 "Simply could not get there" today, they told me they would deliver it to my house. This is a wonderful service, most especially for families and the elderly or homebound. Matt Levy ADDITIONAL INFORMATION FOR ITEM 10.A. v t ~~~ ~ t R ~ ~ epor s Consumer ^ Time to switch druc 1~ ~~~fsCl~?i't' ~(l{~3 (p~sblisl}ctI It}' ttie f:onsnmcrs tlttio~e) a ": ~' ~: If you're among the 47 percent of Americans who get medicine from drugstore giants such as CVS, Eckerd, and Rite Aid, here's a prescription: 'try shopping somewhere else. The best. place to start looking is one of the 25,000 independent pharmacies that are making a comeback throughout the U.S. Independent stores, which were edging toward extinction a few years ago, won top honors from Consumer Reports readers, besting the big chains by an eye-popping margin, More khan SS percent of customers at independent drugstores were very satisfied or completely satisfied with their experience, compared with 58 percent afehain-drugstore customers. ^ Many supermarket and mass-merchant pharmacies also did a better job than the best-known conventional chains at providing caring, courteous, knowledgeable, and timely service. And in a nationwide price study we conducted, the chains we evaluated charged the highest prices--even slightty more than the independents. "Those findings come from our }atest investigation into the best places to shop for prescription medications. More ' than 32,000 readers told us about more than 40,000 experiences at 31 national and regional drugstore chains (like CVS, Genovese, Osco, Rite Aid, and Walgreens); supermarket pharmacy combos (such as Kroger, Fubfix, and Safeway); mass-merchant pharmacies (like Costeo,'i"arget, and Wat-Mart); and independent pharmacies across ' the nation. For mast consumers, insurance covers at least some of the cost of prescription drugs, so our Ratin s emphasize service factors that affect everyone. For consumers who have to pay more than a small percentage of their i prescription-drug costs, including mare than a third of our readers, our price study indicated where to save money. (See Where to shoe, how to save.) ' Among the other highlights of our research: • Some of the drugstore chains and-supermarkets that. readers favored are family owned or businesses in which ' workers have a stake. Medicine Shoppe, the top "chain," is actually a collection of about 1,000 individually owned and operated stores with a common parent company. Among supermarkets, higtr-rated Wegmans (in New Jersey, New York, and Pennsylvania) is family owned; and at high-rated Publix (in the South), most workers are stockho}ders. • Forty percent of readers said that at least once during the past year, their drugstore was out of the medicine they ' needed. • Our market basket of a month's worth of five widely prescribed medications cost $377 to $555, depending on ' where we shopped. Far a family needing all five. drugs, that difference would exceed $2,000 a year. SORTING OUT THE STORES ' Most people start by searching for a store that accepts their insurance plan. Fortunately, that isn't the hassle it used to be, especially since independents are accepting more plans these days. Ensurers ante considered the disparate stores too much trouble to work with, but. they realized that keeping independents out of their networks ' alienated customers and didn't cut costs as much as they'd hoped. Also, 33 states have adopted "any willing provider" laws, which require insurance co-npanies io take into their networks any pharmacy that's willing to accept the insurer's reimbursement rate. As a result, you have a greater choice of where and how to shop. The basic choices:. :,: 4._ ~. , ~ ADDITIONAL INFORMATION FOR ITEM 10.A. r~ '~ ~::. Independents: Service is att. Prescription drugs are the independents' lifeblood, accounting for 88 percent of sales. That means independents can be a good source of hard-to-find medications. (The chains, inhere drugs account for 64 percent of sales, tend to focus on the 200 most-prescribed drugs.) That focus on prescriptions can mean more personal attention. Readers said that pharmacists at independent stores were accessible, approachable, and easy tv talk to, and that they were especially knowledgeable about medications, both prescription and nonprescription. The independents (and some chains} offer extras such as disease-management education, in-store health screenings for cholesterol, services such as compounding (customizing medications for patients with special needs), and home delivery. Many independents are affiliated with programs such as Gvod Neighbor or Value-Rite, whose names you'll see in the stares. These "banner" programs, offered by wholesale product suppliers, help independents with marketing and with the sale of private-label products, improving purchasing power and name recognition much the way ServiStar and True Value help small hardware stores compete with ~~ome Depot and Lowe's. About half of the nation's independents have Web sites, where you can generally order medicine and find some health information but not much more. Chains: Convenient but crowded. With about 20,000 stores nationwide, mega-drugstores are in nearly everyone's backyard. Many are open around the clock, have adrive-through pharmacy for faster pickup, and let you order online or by punching a few numbers on a telephone. You can even set up your Web account to have renewals automatically processed and readied for pickup or mailing. The biggest chains let you check prices online. Another advantage: The chains accept payment from lots of health plans (managed care pays for 80 percent of all conventional•chain prescriptions). ', Now for the drawbacks. The chains' locations in populous areas and their acceptance of a plethora of plans has ' made them, in effect, too popular, and service is suffering. Except far Medicine Shoppe, chains typically made readers wait Ictnger, were slower to fill orders, and provided Less personal attention than other types of drugstores. ' Like other drugstores, the chains have experienced shrinking reimbursement from insurers. They've helped maintain profits by selling everything from milk to Halloween costumes. That makes one-stop shopping possible (if your list isn't too specific), but it also can create bottlenecks at the checkout. '' Supermarkets: One stop does it. There are fewer than 9,000 supermarkets that include a pharmacy, but the number is rising. One-stop shopping is the attraction. Many supermarkets put the pharmacy near the entrance for ' easy access and to attract store traffic. For those very reasons, however, you may not have as much privacy to consult with the druggist as you would elsewhere. Supermarkets have online pharmacy sites. usually as a link from the home page, but they're vRen less ' comprehensive than those of big drugstore chains. Mass mercbants: Low price is key. Like supermarkets, these stores set) a wide variety of goods. But their main ' draw is low prices. One in f:ve readers who bvught medication from a mass merchant had no prescription-drug coverage. In our price study, only Web sites sold medications as cheaply. In our survey, ShopKo and Target were among the high-rated mass merchants; Wal-Mart was worse than most others. ' All of the mass merchants in our survey have Web sites for ordering prescriptions, but only the Costco site lets _ you check drug prices. .. Online: Low prices, no face time. ,~ ~ ~ , ~ .~ rail ~~ ~~~> ,, `~ h ' Virtual pharmacies come in two basic flavors. There are adjuncts to brick- .:.....ADDITIONAL INFORMATION FOR ITEM 10.A. U.,~ ~.... _ . ~ ,:~~ ,.,,:: ;,, ,.., ~. _ . <: . k a ~i ~ ,. „~ ,.,, ~ ,~w,.,~,~ , r ,~ . and-mortar stores, where you can order online and receive your prescription by mail or pick it up. Then there are sites such as wx»+~.dru~•s~ore.com and x~wk'.aarpplrarmacy.com ,which have no store and simply mail the medicine to you. With both types of site, you. can enter the name and quantity of the drug online; a pharmacist will confirm the prescription with your doctor. (Often, you can fax or mail a paper prescription instead and waif for it to be approved, but that can add days to the process.) Anytime you're not picking up from a pharmacist, you lose a chance for personal contact, a consideration if you're using a rnedication for the first time or are juggling medications. To compensate, the stand-alone Web sites--and those operated by the drug chains and some mass merchants--make it easy to a-mail questions to pharmacists 2A/7, research medical topics, search online for potentially dangerous drug interactions, receive e- mail refill reminders, keep track ofyour medications, and note any drug allergies. Urugstore.com +vill also alert you if the branded drug you're taking becomes available in generic form. It can take as little as a couple of hours for your medicine to be ready if you order from a chain and are willing to retrieve it, or as long as three to five business days if you ask far it to be mailed standard shipping. That's free or nearly so. You can pay about $IS to have medicine overnighted (refrigerated medicines must be sent that way). Wcb sites can't ship every controlled substance. When you use a Web site, you can avoid waiting in line, of course, and you'!1 tend to pay lower prices, even when shipping casts are included. No computer? No problem. Sites have toll-free numbers. Four percent of our readers had bought medications online, most often from drug chains, and three-quarters of those said the transaction went smoothly: Their order +vas processed quickly enough for their needs, and e-mailed questions were answered promptly. (For details on ordering via the Web, see The online option} GETTING BETTER SERVICE Some stores did far better than others in service, speed, and information provided by the druggist. The most frequent complaints: Drugs were out of stock, readers had to wait a long time for service at the pharmacy counter, and prescriptions weren't ready. Drugstore chains and supermarkets were most likely to be out of a requested drug. When a drug was out of stock, independents were able to obtain it within one day 80 percent of the time, vs, about 55 to 60 percent far the other types of stores. Qnly 9 percent of the time did independent customers have to wait at least three days for an out- of--stock drug or find it elsewhere, vs. at least 1 S percent of Qie titre far other types of stores. Drugs were out of stock more often this time than when +ve published our last drugstore survey, in 1999. The steepest jump took place at Albertsons, Giant, and Longs Drugs, whose out-of-stocks increased by mare than 15 percentage points. That's probably the case in part because the number of prescriptions being written is growing faster than the shelf space. Overall, 27 percent of readers complained about prescriptions a year, an average of almost 2t70 pt administrative work such as calling doctors and ofdruggists--there are approximately S,SOQ job c Sav-Qn, about 40 percent of readers complained (only 6 percent of readers complained) and at the s. It's no wonder. Pharmacists fill nearly 4 billion each pharmacist, and spend one-fourth of their time on ith insurance companies. Moreover, there's a shortage around the U.S. At CVS, Genovese, Longs Drugs, and faits for service. Lines were short at Medicine Shoppe ~cnts {8 percent). ' Twenty percent of readers overall said that their prescription wasn't ready when promised. Among the worst offenders: CVS, Genovese, and Rite A id, where prescriptions weren't ready nearly one-third of the time. Better- prepared stores included Medicine Shoppe, I'ublix, ShopKo, Winn-Dixie, and the independents. ' Other complaints focused on how pharmacists interact +vith customers. Worst offenders: the drugstore chains, i ADDITIONAL INFORMATION FOR ITEM 10.A. 1 Service may improve in all stores, eventually. In many states, regulators are giving technicians more authority to assist druggists. Technology is also lending a hand in the form of robotic machines that dispense medications. They do everything but cap the bottle (which goes uncapped to the pharmacist for a final inspection). Although only a small fraction of doctors are now writing e-prescriptions, they are the wave of the future. Doctors use a handheld device to transmit. your prescription to the drugstore. The procedure avoids one of druggists' biggest problems and a contributor to the rising incidence of drug errors: deciphering doctors' handwriting. While waiting for the future, you might improve the odds of getting good service now by patronizing an independent pharmacy. But whatever drugstore you use, you're apt to get better service by following some simple advice: Avoid waiting. Order drugs online or by phone, then pick them up {or, if you're not in a rush, have them mailed). 1f you plan to pick up drugs, check from home whether the doctor and druggist. have connected and the prescription is ready. Establish a good relationship. Make sure you can step aside and talk privately with the pharmacist and that you can reach him or her by phone. The pharmacist should volunteer details about the drug and be able to answer questions about nonprescription produces, too. With online pharmacies, make sure you receive prompt, thorough answers to questions submitted by a-mail. ~ Get good advice. Check that the pharmac}• keeps and updates your medication records, which should reduce the risk of a drug conflict or adverse reaction. Don't walk away from the counter without knowing the following: what to do if you miss a dose; how many refills are permitted; how io store the drug and when it expires; what side effects to expect, along with which to ignore and which to contact your doctor about; and foods, drugs, suppiemenis, or situations to avoid while taking the medication. Ratings Pharmacies To most people, whose drug bills. are covered by insurance, factors such as service, speed, and thorough ' information matter most. Stores that did especially well at pleasing readers in those areas include independent pharmacies; Medicine Shoppe, a "chain" of individually owned stores; the mass merchants ShopKo and Target; and the regional supermarkets Publ~x, Wegmans, and Winn-Dixte. If pace is most important to you, buy ' medicine at a mass merchant or online. If convenience is key, try a mass merchant or supemaarket (far one-stop shopping) or a Web site (you needn't leave home if you order online and are willing to have your medication shipped). nnniTinNai IrvFnRMATInN FOR ITEM 10.A. Page 1 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: August 11, 2010 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF AUGUST_ 17, 2010 ORDINANCE 17-10 ITEM BEFORE COMMISSION The item before the City Commission is that of approval on first reading and transmittal of Comprehensive Plan Amendment 2010-1 to the Florida Department of Community Affairs. BACKGROUND The City Commission initiated Comprehensive Plan Amendment 2010-1 on July 6, 2010 and added several items to the initiation on August 3, 2010. However, two (2) of the city-initiated text amendments have now been deleted. This amendment is the first amendment for 2010 and includes two (2) city- initiated Future Land Use Map Amendments, twenty (20) city-initiated text amendments, two (2) privately-initiated Future Land Use Map Amendments and two (2) privately-initiated text amendments. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: 1. TEXT AMENDMENTS: a. City-initiated: Capital Improvement Element -Update the City's Five-Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. b. City-initiated: Capital Improvement Element - Update the City's Reclaimed Water Capital Improvement Schedule (Table RW-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. c. City-initiated: Capital Improvement Element -Update the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2010-FY2014 Capital Improvements Program. d. City-initiated: Conservation Element -Modification of Policy E-1.1, dealing with the Green Task http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3633&MeetingID=268 8/13/2010 Page 2 of 4 Force, to reflect new name (Green Implementation Advancement Board) and new Board purpose. e. City-initiated: Future Land Use Element -Modification of Policy A-1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FY11/12. f. City-initiated: Future Land Use Element -Modification of Policy A-1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District from FY08/09 to FY10/11. g. City-initiated: Future Land Use Element -Modification of Policy A-1.11 to extend the time to develop of a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10/11. h. City-initiated: Future Land Use Element -Modification of Policy A-2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08/09 to FY11/12. i. City-initiated: Future Land Use Element -Modification of Policy C-1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10/11. j. City-initiated: Future Land Use Element -Modification of Policy C-1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08/09 to FY10/11. k. City-initiated: Future Land Use Element -Modification of Policy C-1.13 to extend the time frame for completion of a Redevelopment Plan for Linton Boulevard from I-95 to Federal Highway from FY08/09 to FY10/11. 1. Privately-initiated: Future Land Use Element -Modification of the GC (General Commercial) Future Land Use designation description to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of S W 4th Avenue. m. City-initiated: Housing Element -Deletion of Policy B-3.3 (Completed). n. City-initiated: Transportation Element -Modification of Policy A-1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10/11. o. City-initiated: Transportation Element -Modification of Objective A-8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08/09 to FY10/11. p. City-initiated: Transportation Element -Modification of Policy D-2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09/10 to FYl 1/12. q. City-initiated: Transportation Element -Modification of Policy D-3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09/10 to FY10/11. http://miweb001 /CouncilAgenda/B luesheet.aspx?ItemID=3 63 3 &MeetingID=268 8/13/2010 Page 3 of 4 r. City-initiated: Transportation Element -Modification of Policy D-3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station from FY08/09 to FY10/11. s. City-initiated: Capital Improvement Element -Update the General Fund Revenue and Expenditure 5- Year Forecast Table. t. City-initiated: Capital Improvement Element -Update the Pledgeable Revenue Matrix Table. u. City-initiated: Capital Improvement Element -Update the Debt Summary Table. v. Privately-initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Waterford property, located east of I-95, south of Linton Boulevard. 2. FUTURE LAND USE MAP AMENDMENTS: a. City-initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of "The Marketplace of Delray", containing approximately 30.26 acres of property located at the northwest corner of West Atlantic Avenue and Military Trail. The current County Land Use Map designation is CH/8 (Commercial High with an underlying Residential of 8 units per acre) and the proposed City designation is GC (General Commercial). b. City-initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of Lots 5 -7 of the "Breezy Acres" subdivision, containing approximately 2.5 acres of property located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. The current County Land Use Map designation is MR 5 (Medium Density Residential, 5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac). c. Privately-initiated Future Land Use Map amendment for the approximate 7.08 acre Lintco property located on the north side of Linton Boulevard, west of SW 4th Avenue, from MD (Residential Medium Density 5-12 du/acre) to GC (General Commercial). d. Privately-initiated Future Land Use Map amendment fora 4.58 acre parcel located within Waterford, east of I-95, south of Linton Boulevard, from TRN (Transitional) to GC (General Commercial). REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Comprehensive Plan Amendment on July 19, 2010. The applicant for the privately-initiated text amendment (item 1.1.) and the associated Future Land Use Map amendment for the proposed Lintco Development, spoke in favor of those amendments. Several members of the public questioned the need for the City to annex the "Marketplace of Delray" property and were concerned about the increase in property taxes when annexed. The owner of the Ugly Mug bar at the Marketplace was also concerned about his ability to continue to sell alcohol until 5:00 AM in the city. No one from the public spoke on any of the proposed text amendments. After discussion, the Board voted 6-0 to recommend approval of Comprehensive Plan Amendment 2010-1, with the exception of the Breezy Acres Future Land Use Map amendment (tabled until August 16, 2010), by adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendments and approval thereof are consistent with Future Land Use Element Policy http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3633&MeetingID=268 8/13/2010 Page 4 of 4 A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. On August 16, 2010, the Planning and Zoning Board will hold a public hearing regarding the Breezy Acres Future Land Use Map Amendment, which was tabled at its July 19, 2010 meeting, and several additional items, which were initiated by the City Commission on August 3, 2010, and are now part of Comprehensive Plan Amendment 2010-1. These additional items include Text amendments "s" through "v" and Future Land Use Map amendment "d", which are listed above. The recommendation of the Planning and Zoning Board will be reported at the City Commission meeting. RECOMMENDATION By motion, approve on first reading, Ordinance No. 17-10, by adopting the findings of fact and law contained in the staff report and finding that the proposed text amendments support and further the Goals, Objectives and Policies of the Comprehensive Plan, and further finding that the Future Land Use Map amendments are consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the Amendment containing the materials in the staff report with attachments to the Florida Department of Community Affairs. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3633&MeetingID=268 8/13/2010 ORDINANCE NO. 17-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2010-1, 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 2010-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, 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 2010-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on July 19, 2010 and August 16, 2010, 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 2010-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2010-1 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 2010-1 was held by the City Commission on August 17, 2010, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will be held, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAIlVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SeC11c~n 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 2010-1," 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 2010-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other 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. ORD. NO.17-10 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 , 2010. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO.17-10 PLANNING 8~ ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JULY 19, 2010 AGENDA ITEM: IV.A. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2010-1. ITEM BEFORE THE BOARD The item before the Board is that of recommending to the City Commission transmittal of Comprehensive Plan Amendment 2010-1 to the Florida Department of Community Affairs. ,~, _,, .BACKGROUND ANALYSIS The City Commission initiated Comprehensive Plan Amendment 2010-1 on July 6, 2010. This amendment represents the first amendment for the year 2010 and included two (2) city-initiated Future Land Use Map Amendments, nineteen (19) city-initiated text amendments, one (1) privately-initiated Future Land Use Map Amendment and one (1) privately-initiated text amendment. It is noted that two (2) of the city-initiated text amendments have been deleted. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: TEXT AMENDMENTS: • City-initiated: Capital Improvement Element - Update the City's Five-Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. • City-initiated: Capital Improvement Element -Update the City's Reclaimed Water Capital Improvement Schedule (Table RW-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. • City-initiated: Capital Improvement Element -Update the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2010- FY2014 Capital Improvements Program. • City-initiated: Conservation Element -Modification of Policy E-1.1, dealing with the Green Task Force, to reflect new name (Green Implementation Advancement Board) and new Board purpose. • City-initiated: Future Land Use Element -Modification of Policy A-1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FY11/12. • City-initiated: Future Land Use Element -Modification of Policy A-1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District from FY08/09 to FY10/11. • City-initiated: Future Land Use Element -Modification of Policy A-1.11 to extend the time to develop of a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10/11. P&Z Board Staff Report -July 19, 2010 IV.A. Transmittal of Comprehensive Plan Amendment 2010-1 Page 2 • City-initiated: Future Land Use Element -Modification of Policy A-2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08/09 to FY11/12. • City-initiated: Future Land Use Element -Modification of Policy C-1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10/11. • City-initiated: Future Land Use Element -Modification of Policy C-1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08/09 to FY10/11. • City-initiated: Future Land Use Element -Modification of Policy C-1.13 to extend the time frame for completion of a Redevelopment Plan for Linton Boulevard, from I-95 to Federal Highway, from FY08/09 to FY10/11. • Privately-initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of SW 4~' Avenue. • City-initiated: Housing Element -Deletion of Policy B-3.3 (Completed). • City-initiated: Transportation Element -Modification of Policy A-1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10/11. • City-initiated: Transportation Element -Modification of Objective A-8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08/09 to FY10/11. • City-initiated: Transportation Element -Modification of Policy D-2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09/10 to FY11/12. • City-initiated: Transportation Element -Modification of Policy D-3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09/10 to FY10/11. • City-initiated: Transportation Element -Modification of Policy D-3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station from FY08/09 to FY10/11. FUTURE LAND USE MAP AMENDMENTS: City-initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of "The Marketplace of Delray", containing approximately 30.26 acres of property located at the northwest corner of West Atlantic Avenue and Military Trail. The current County Land Use Map designation is CH/8 (Commercial High with an underlying Residential of 8 units per acre) and the proposed City designation is GC (General Commercial). P&Z Board Staff Report -July 19, 2010 IV.A. Transmittal of Comprehensive Plan Amendment 2010-1 Page 3 City-initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of Lots 5 -7 of the "Breezy Acres" subdivision, containing approximately 2.5 acres of property located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac). • Privately-initiated Future Land Use Map amendment for the approximate 7.08 acre Lintoo property located on the north side of Linton Boulevard, west of SW 4th Avenue, from MD (Residential Medium Density 5-12 du/acre) to GC (General Commercial). REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. By motion, recommend that the City Commission transmit proposed Comprehensive Plan Amendment 2010-1 to the Florida Department of Community Affairs. Attachments: • Proposed Comprehensive Plan Amer PLANNING 8~ ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 16, 2010 AGENDA ITEM: IV.A. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2010-1. ITEM BEFORE THE BOARD The item before the Board is that of recommending to the City Commission transmittal of additional items as part of Comprehensive Plan Amendment 2010-1 to the Florida Department of Community Affairs. BACKGROUND ANALYSIS By Florida State Statutes, the City is allowed to process two Comprehensive Plan amendments each year. The 2010-1 amendment, initiated by the City Commission on July 6, 2010, included two (2) city-initiated Future Land Use Map Amendments, nineteen (19) city-initiated text amendments, one (1) privately-initiated Future Land Use Map Amendment and one (1) privately-initiated text amendment. It is noted that two (2) of the city-initiated text amendments were subsequently deleted. The Planning and Zoning Board reviewed the Amendment on July 19, 2010 and recommended transmittal, with the exception of the Breezy Acres FLUM amendment, which was tabled until its meeting of August 16, 2010. On August 3, 2010, the City Commission initiated several additional items to be included as part of Comprehensive Plan Amendment 2010-1. The additional items included three (3) city- initiated text amendments, one (1) privately-initiated text amendment and one (1) privately- initiated Future Land Use Map Amendment. The additional items, together with the tabled Breezy Acres FLUM Amendment, are now before the Planning and Zoning Board for recommendation. Abrief description of each item is listed below: TEXT AMENDMENTS • City-initiated: Capital Improvement Element -Update the General Fund Revenue and Expenditure 5-Year Forecast Table. • City initiated: Capital Improvement Element - Update the Pledgeable Revenue Matrix Table. • City-initiated: Capital Improvement Element -Update the Debt Summary Table. • Privately-initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for Waterford located east of I-95, south of Linton Boulevard. FUTURE LAND USE MAP AMENDMENTS: • City-initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of Lots 5 -7 of the "Breezy Acres" subdivision, containing approximately 2.5 acres of property located on the east side of Markland Lane, P&Z Board Staff Report -August 16, 2010 IV.A. Transmittal of Additional items with Comprehensive Plan Amendment 2010-1 Page 2 491 feet south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac). • Privately-initiated Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) fora 4.58 acre parcel located within Waterford, east of I-95, south of Linton Boulevard. RECOMMENDED ACTION By motion, recommend that the City Commission add the items contained in this staff report to Comprehensive Plan Amendment 2010-1 and transmit the Amendment to the Florida Department of Community Affairs. Attachments: • Proposed Comprehensive Plan Amendment 2010-1 with applicable support documents. CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2010 - 1 Planning & Zoning Board Transmittal Public Hearing July 19, 2010 & August 16, 2010 City Commission Transmittal Public Hearing August 17, 2010 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS Page TEXT CHANGES - (CITY INITIATED) 1 Capital Improvement Element - Update the City's Five-Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption of the FY2010- FY2014 Capital Improvements Program. 1 Capital Improvement Element - Update the City's Reclaimed Water Capital Improvement Schedule (Table RW-CIP) to reflect adoption of the FY2010-FY2014 Capital Improvements Program. 1 Capital Improvement Element -Update the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2010-FY2014 Capital Improvements Program. 2 Capital Improvement Element -Update General Fund Revenue and Expenditure 5-Year Forecast Table to reflected updated timeframes. 2 Capital Improvement Element -Update Pledgeable Revenue Matrix Table to reflected updated timeframes. 2 Capital Improvement Element -Update Debt Summary Table to reflected updated timeframes. 2 Conservation Element -Modification of Objective E-1 and Policy E-1.1, dealing with the Green Task Force, to reflect new name (Green Implementation Advancement Board) and expanded Board purpose. 4 Future Land Use Element -Modification of Policy A-1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FY11/12. 4 Future Land Use Element -Modification of Policy A-1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. from FY08/09 to FY10/11. Page 4 Future Land Use Element -Modification of Policy A-1.11 to extend the time to develop of a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10/11. 5 Future Land Use Element -Modification of Policy A-2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08/09 to FY11/12. 5 Future Land Use Element -Modification of Policy C-1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10/11. 6 Future Land Use Element -Modification of Policy C-1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08/09 to FY10/11. 7 Future Land Use Element -Modification of Policy C-1.13 to extend the time frame for completion of a Redevelopment Plan for Linton Boulevard, from I-95 to Federal Highway, from FY08/09 to FY10/11. 7 Housing Element -Deletion of Policy B-3.3 (Completed). 8 Transportation Element -Modification of Policy A-1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10/11. 8 Transportation Element -Modification of Objective A-8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08/09 to FY10/11. 8 Transportation Element -Modification of Policy D-2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09/10 to FY11/12. 9 Transportation Element -Modification of Policy D-3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09/10 to FY10/11. 9 Transportation Element -Modification of Policy D-3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station from FY08/09 to FY10/11. Page TEXT CHANGES - (PRIVATELY INITIATED 10 Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of SW 4th Avenue. 15 .Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Waterford property, located east of I-95, south of Linton Boulevard. AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 22 Marketplace at Delray 22 Breezy Acres AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) 22 Lintco Development 22 Waterford COMPREHENSIVE PLAN AMENDMENT 70-1 CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES CITY-INITIATED TEXT CHANGES: 1) Location: Capital Improvement Element -Pgs. CI-26 to CI-28, Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) See existing table attached as Support Document #1. Change: REVISION Comment: The City Commission has adopted the Capital Improvement Plan (CIP) for FY2009-10 to FY2013-14. Therefore, the table has been revised to reflect the new CIP. See revised table attached as Support Document #2. 2) Location: Capital Improvement Element -Pgs. CI-30 to CI-36, Table SD- CIP, School District of Palm Beach County Capital Improvement Schedule See existing table attached as Support Document #3. Change: REVISION Comment: This table is the updated School District's Capital Improvement Schedule for FY2010-FY2014. See revised table attached as Support Document #4. 3) Location: Capital Improvement Element - Pg. CI-37, Table RW-CIP, Reclaimed Water Capital Improvement Schedule See existing table attached as Support Document #5. Change: REVISION Comment: This table is part of the integration of the 20 Year Water Supply Facilities Work Plan into the Comprehensive Plan. The City Commission has adopted the Capital Improvement Plan (CIP) for FY2009-10 to FY2013-14. Therefore, the table has been revised to reflect the new CIP. See revised table attached as Support Document #6. (1) 4) Location: Capital Improvement Element -Pgs. CI-12, General Fund Revenue and Expenditure 5-Year Forecast Table See existing table attached as Support Document #7. Change: REVISION Comment: The table is being modified to update the timeframes. See revised table attached as Support Document #8. 5) Location: Capital Improvement Element -Pgs. CI-13, Pledgeable Revenue Matrix Table See existing table attached as Support Document #9. Change: REVISION Comment: The table is being modified to update the timeframes. See revised table attached as Support Document #10. 6) Location: Capital Improvement Element - Pg. CI-14 to CI-15, Debt Summary Table See existing table attached as Support Document #11. Change: REVISION Comment: The table is being modified to update the timeframes. See revised table attached as Support Document #12. 7) Location: Conservation Element - Pg. CO-17, Objective E-1 and Policy E-1.1 (Sustainability) Obiective E-1 In 2008, determine an actionable set of recommendations that enables the City of Delray Beach to implement its current environmental commitments in a timely, cost- effective, and citizen-centric manner, as well as explore new opportunities for sustainability. Policy E-1.1 In 2008, a Green Task Force shall be created to address the following issues and provide a report to the City Commission: 1. Ways to improve the environmental Sustainability of City programs, services, and equipment facilities. 2. Strategies for improving environmental sustainability of the community (2) 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling 4. Proposed means to enhance water and energy conservation. 5. Ideas for promotion of tree planting and xeriscaping. 6. Best Practices for implementation in Delray Beach, including long-term strategies. Change: REVISION Obiective E-1 ~-~89>~ Annually, determine an actionable set of recommendations that enables the City of Delray Beach to implement its current environmental commitments in a timely, cost-effective, and citizen-centric manner, as well as explore new opportunities for sustainability. Policy E-1.1 ~ ~nnQ rr~~T~l~~orse~l~all--f~~^~ted--t~e eddfes~ . By February 1St of each year, the Green Implementation Advancement Board (GIAB) shall review City operations and policies toward achieving Delray Beach's green and sustainability goals and providing a report of recommendation to the City Commission regarding: 1. Ways to improve the environmental Sustainability of City programs, services, and equipment facilities. 2. Strategies for improving environmental sustainability of the community 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling. 4. Proposed means to enhance water and energy conservation. 5. Ideas for promotion of tree planting and xeriscaping. 6. Best Practices for implementation in Delray Beach, including long-term strategies. 7 Proposed revisions to City Ordinances to address Green Technologies. The GIAB wilt consider the cost and environmental implications related to any potential recommendation to the City The GIAB's consideration will include the "Double Bottom Line" approach, which includes: • Financial -Total cost funding availability and is the payback within a reasonable timeframe (5-8 years) • Environmental - Is the recommendation good for the environment within the City of Delray Beach and does it improve the City's overall quality of life. Comment: This Objective and Policy are being revised to reflect the new name for the Green Task Force, (Green Implementation Advancement Board) and expanded Board purpose. (3) 8) Location: Future Land Use Element - Pg. FL-18, Policy A-1.4 (Economic Development Study) Policy A-1.4 The City shall undertake a comprehensive study of economic development issues and needs in FY 08/09. The study will, at a minimum, assess the major economic components of the City to determine the uses necessary to accommodate employment needs and sustain economic growth. Recommendations made in the study regarding land use needs shall be adopted as policies in the Future Land Use Element. Change: REVISION Policy A-1.4 The City shall undertake a comprehensive study of economic development issues and needs in FY A8/99 2011-12. The study will, at a minimum, assess the major economic components of the City to determine the uses necessary to accommodate employment needs and sustain economic growth. Recommendations made in the study regarding land use needs shall be adopted as policies in the Future Land Use Element. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 9) Location: Future Land Use Element - Pg. FL-20, Policy A-1.10 (Design Guidelines) Policy A-1.10 In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. Change: REVISION Policy A-1.10 In FY ~990/8g 2010/11, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 10) Location: Future Land Use Element - Pg. FL-20, Policy A-1.11 (Congress Avenue Corridor) Policy A-1.11 In FY 2008/09, the City shall work with the Chamber of Commerce to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue Corridor. Change: REVISION (4) Policy A-1.11 In FY 2-99/88 2010/11, the City shall work with the Chamber of Commerce to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue Corridor. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 11) Location: Future Land Use Element - Pg. FL-21, Policy A-2.5 (Nonconforming Uses) Policv A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 08/09. Change: REVISION Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 88/89 2011/12. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 12) Location: Future Land Use Element - Pg. FL-28, Policy C-1.4 (Design Guidelines) Policv C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4cn Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain (5) redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the corridor. Change: REVISION Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4m Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. In FY ~9A>~S 2010/11, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the corridor. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 13) Location: Future Land Use Element - Pg. FL-31, Policy C-1.12 (Redevelopment Plan) Policy C-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Change: REVISION (6) Policy C-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY ~99~/8S 2010/11, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 14) Location: Future Land Use Element - Pg. FL-31, Policy C-1.13 (Redevelopment Plan) Policy C-1.13 The following pertains to the Linton Boulevard area, from I-95 east to Federal Highway. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Change: REVISION Policy C-1.13 The following pertains to the Linton Boulevard area, from I-95 east to Federal Highway. In FY 299~A9 2010/11, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 15) Location: Housing Element - Pg. HO-38, Policy B-3.3 (Group Homes and Foster Care) Policy B-3.3 The City shall review its Land Development Regulations for consistency with Chapter 419, FS, regarding the location of group homes and foster care facilities. This review will be completed in FY 08/09. Change: DELETION Comment: This Policy is being eliminated since it has been completed. (7) 16) Location: Transportation Element - Pg. TR-37, Policy A-1.8 (Downtown Roundabout) Policy A-1.8 In FY 2008/09, the city shall investigate the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service. Change: REVISION Policy A-1.8 In FY /~ 2010/11, the city shall investigate the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 17) Location: Transportation Element - Pg. TR-40, Objective A-8 (Green Linkages) Objective A-8 In FY 2008/09, a program shall be developed to support the City character by encouraging street trees for green linkages. Change: REVISION Objective A-8 In FY ~98~/89 2010/11, a program shall be developed to support the City character by encouraging street trees for green linkages. Comment: This Objective is being revised to reflect an updated time frame for completion of the task. 18) Location: Transportation Element - Pg. TR-43, Policy D-2.4 (Bicycle Network) Policy D-2.4 By FY 2009/10, the City shall prepare and adopt a bicycle network plan for the city. Change: REVISION Policy D-2.4 By FY ~99~9~1-8 2011/12, the City shall prepare and adopt a bicycle network plan for the city. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. (8) 19) Location: Transportation Element - Pg. TR-44, Policy D-3.1 (TDM) Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 09/10. Change: REVISION Policv D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 89/-a-9 2010/11. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. 20) Location: Transportation Element - Pg. TR-44, Policy D-3.5 (Shuttle) Policv D-3.5 The City and the CRA shall continue to monitor the feasibility of the existing in-town shuttle system providing service between Tri-Rail and the beach with headways of 20-30 minutes. In FY 2008/09, the City shall determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station. Change: REVISION Policv D-3.5 The City and the CRA shall continue to monitor the feasibility of the existing in-town shuttle system providing service between Tri-Rail and the beach with headways of 20-30 minutes. In FY ~99~/8S 2010/11, the City shall determine the operational feasibility and grant funding requirements necessary to provide shuttle service to meet and greet all trains at the station. Comment: This Policy is being revised to reflect an updated time frame for completion of the task. (9) PRIVATELY-INITIATED TEXT CHANGES: 21) Location: Future Land Use Element. Pg. FL-39, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courtyards Overlay District where the nonresidential development is limited to an FAR of 0.75. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: ., limi4orl +n -+n Col? of (1 7~. Four Corners Overlay District -For mixed-use development within this overlay district the nonresidential component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District -Nonresidential development is limited to an FAR of 0.75 Lintco Development Overlay District -Nonresidential development is limited to an FAR of 0.36. ( 70 ) Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Comment: The 7.08 acres within the proposed Lintco Development overlay district has a current Future Land Use designation of MD (Residential Medium Density 5-12 du/acre). A Future Land Use Map amendment (See Support Document #11) is being processed concurrently to change the FLUM designation to GC (General Commercial). The overlay district is being created to allow mixed-use development on the property at a nonresidential intensity lower than that currently allowed within the GC designation. The maximum intensity for nonresidential uses within the overlay district will be set at an FAR of 0.36. The maximum density for residential development will remain unchanged at 12 du.ac. The Future Land Use Map, depicting the Lintco Development Overlay District is attached as Support Document #13. The concurrency analysis assumes development of the entire property within the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, development under this provision would result in the addition of nonresidential development potential where none now exists. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 12 units per acre and retail development at a maximum FAR of 0.36. A comparative analysis of the maximum development potential of the property has been provided below. Table 1: Maximum Development Potential Lintco Development Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development (acres) (acres) Potential Mixed-Use 85 Multi-Family Residential Units MD 85 Multi-Family Residential Units GC (12 units per acre) (7.08 acres) (12 units per acre) (7.08 acres) & 111,026 SF Retail (FAR 0.36) (11) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted by Kimley-Horn and Associates, Inc. The entire Kimley-Horn Traffic Impact Analysis is attached as Support Document #14. As shown on the following table from the report, the new maximum land use mix will represent a net increase in potential traffic volumes. Analyses were conducted for each of the three planning horizons-existing (2009), short-term (2015) and long-term (2035). In the Conclusion Section on page 17 of the Report, the consultant indicates that "based on the analyses within this study, the future land use map amendment is expected to continue to allow the significantly impacted roadways to operate acceptably upon build-out of the development site." Table 2: Trip Generation Comparison -Maximum Intensity Lintco Development Overlay District DAILY AM PEAK HOUR PM PEAK HOUR LAND USE INTENSITY TRIPS TOTAL IN OUT TOTAL IN OUT FYicti Fu~!re Lnd Use Multi-Family Residential (12 DU/Acre) 85 DU 595 45 9 36 53 34 19 Existing FLU External Trips 595 45 9 36 53 34 ]9 Pro~Qsed Future land Use General Commeraal (0.36 FAR) 111,026 SF 7,217 111 68 43 754 36Z 392 Multi-Family Residential (12 DU/Acre} 85 DU 595 45 9 36 53 34 19 Subtotal 7,812 156 77 79 807 396 411 Internal [a t~ure General Commerdal (0.36 FAR) 0.ffi% 60 5 4 1 S 2 3 Multi-Family Residential (12 DU/Acre) 10% 5t3 5 1 4 5 3 2 Subtotal 120 10 5 5 10 5 5 Proposed FlU Dr(vewayTrips 7,692 146 72 74 797 391 406 Pass-By Traffic General Commercial (0.36FARy 39.81% 2,849 42 25 17 298 143 155 Proposed FLU New External Trips 4,843 104 47 57 499 248 251 Net New External Trips (Proposed-Existing) 4,248 59 38 21 446 214 232 Note: Trip generation was calculated usingtfie following data: Daily Traffic Generation Apartments [PBCJ = General Commercial (P9CJ = AM Peak Hour Traffic Generation Apartments [PBCJ = General Commercial [PBCJ - PMPeak HourTraffic Generation Apartments [PBC) _ General Commercial [PBCJ = Pass-by General Commercial [PBCJ = T=7(XJ Ln(1'} = 0.94*Ln(X} +5.87 T = OA9(X) r 3.73; (20`l'o i n, 80% out T =1.00 (X J; {61% i n, 39% out) T = 0.62{X); (fi5% i n, 35% out} Ln(T} = 0.67*Ln(X) +3.47; (489'o in, 53%out) %=94.49 -11.61*Ln(X} (12) Water 8~ Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdraw rate to 6.937 billion gallons which equates to an average of 19 mgd. 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. 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. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment and associated text amendment, which limits the maximum nonresidential FAR to 0.36. 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. 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. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates ( 13) 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. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal was originally by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection replaced the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge is longer being used. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The current plant has adequate capacity to service the City's projected population beyond the year 2025. The City's Utilities Department has indicated that adequate wastewater treatment capacity exists to service the subject property at its maximum development potential with the FLUM amendment and associated text amendment, which limits the maximum nonresidential FAR to 0.36. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks 8~ Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes (14) a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment and associated text amendment which limits the maximum nonresidential FAR to 0.36, this level of service standard is not affected. Education (School Concurrence): Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment and associated text amendment which limits the maximum nonresidential FAR to 0.36, this level of service standard is not affected. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net increase of 566 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2010, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2030. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2043 or later. Table 3: Solid Waste Generation Lintco Development Overlay District 22) Location: Future Land Use Element. Pg. FL-39, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the ( 15) Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courtyards Overlay District where the nonresidential development is limited to an FAR of 0.75. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: ., Four Corners Overlay District -For mixed-use development within this overlay district the nonresidential component is limited to an FAR of 2.0 Silver Terrace Courtyards Overlay District -Nonresidential development is limited to an FAR of 0.75 Waterford Overlay District -Nonresidential development is limited to an FAR of 1.32. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four (16) Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Comment: The 4.58 acres within the proposed Waterford overlay district has a current Future Land Use designation of TRN (Transitional). AFuture Land Use Map amendment (See Support Document #20) is being processed concurrently to change the FLUM designation to GC (General Commercial). The overlay district is being created to allow mixed-use development on the property at a nonresidential intensity lower than that currently allowed within the GC designation. The maximum intensity for nonresidential uses within the overlay district will be set at an FAR of 1.32. The maximum density for residential development will remain unchanged at 12 du.ac. The Future Land Use Map, depicting the Waterford Development Overlay District is attached as Support Document #15. The concurrency analysis assumes development of the entire property within the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, development under this provision would result in an increase of nonresidential development potential from the current 199,505 square feet to 263,346 square feet. The maximum residential density will remain the same at 12 du/ac. The maximum development potential with the proposed amendment would be a mixed- use project with residential development at 12 units per acre and retail development at a maximum FAR of 1.32 as indicated above. A comparative analysis of the maximum development potential of the property has been provided below. Table 1: Maximum Development Potential Waterford Park -Parcel "B" (FLUM) Maximum Development Potential I FLUM I Maximum Mixed Use Development acres (acres) Potential Mixed-Use Mixed-Use TRN 55 Multi-Family Residential Units (4.58 acres) (12 units per acre) 199,505 SF Retail (FAR 1.0) GC 55 Multi-Family Residential Units (4.58 acres) (12 units per acre) 263,346 SF Retail FAR 1.32 Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted by Kimley-Horn and Associates, Inc. The entire Kimley-Horn Traffic Impact Analysis is attached as Support Document #16. As shown on Table 2 below, the new maximum land use mix will represent a net increase in potential traffic volumes. Table 2 indicates a net new external trip increase of 1,772 ADT (Average Daily Traffic), with 51 AM peak hour trips and 196 PM peak hour trips with the proposed 1.32 FAR (Floor Area Ratio). Kimley- Horn and Associates, indicated in its report that "based on the analyses within this study, the future land use map amendment is expected to continue to allow the significantly impacted roadways to operate acceptably upon build-out of the development site." ( 17) Table 2: Trip Generation Comparison -Maximum Intensity Waterford Park DAILY AM PEAK HOUR PM PEAK HOUR LAND USE INTENSITY TRIPS TOTAL IN OUT TOTAL IN OUT FYI - g Future land Use -Transitional ITRN1 Commerdal (1.OFAR} 199,505 SF 10,502 200 122 78 1,117 536 581 Multi-Family Residential (12 DU/Acre) 55 DU 385 31 6 25 34 22 12 Subtotal 10,887 231 128 103 1,151 558 593 Internal Capture Commercial (1.OFAR} 0.37% 39 3 3 1 3 1 2 Multi-Family Residential (12 DU/Acre) 10% 39 3 1 3 3 2 1 Subtotal 78 6 4 4 6 3 3 Existing FLU Driveway Trips 10,809 225 124 99 1,145 555 590 Pass-Bv Traffic Commercial (1.OFAR) 33.01°~ 3,454 65 39 25 368 177 191 Existing FLU New External Trips 7,355 160 85 74 777 378 399 Proposed Future Land Use -General CommemaL(GCl Commeraal {1.32FARj 263,346 SF 12,544 263 160 103 1,345 646 699 Multi-Family Residential (12 DU/Acre} 55 DU 385 31 6 25 34 22 12 Subtotal 12,929 294 166 128 1,379 668 711 Internal Capture Commerc[al (1.32 FAR} 0.31% 39 3 3 1 3 1 2 Multi-Family Residential (12 DU/Acre) 10% 39 3 1 3 3 2 1 Subtotal 78 6 4 4 6 3 3 Proposed FLU Driveway Trips 12,851 288 162 124 1,373 665 708 Pass-Bv Traffic Commeraal {1.32FARj 29.78% 3,724 77 47 30 400 192 208 Proposed FLU New External Trips 9,127 Z31 115 94 973 473 500 Net New External Trips (Proposed -Existing) 1,772 51 30 20 196 95 101 Note: Tri p generati on wa s ca Icul ated usi ng the fol I owi ng data: Daily Traffic Gf!neration MuIU-Family Residential (Apartments) Commercial AM Peak Hour Traffic Generation MuIU-Family Residential (Apartments) Commercial PM Peak Hour Traffic Generation MuIU-Family Residential {Apartments) Commercial Pass-by Commercla I [PBC] = T=7{Xj [PBC] = Ln(T} = 0.94•Ln(Xj +5.87 [PBC] = T=0.49(X)+3.73;(20%in,80%aut} [PBC] = T=1.00 (X}; (61%In, 39%out) [PBC] = T = 0.62(X); (65% i n, 35% out) [PBC] = Ln(T) =0.67*Ln(Xj +3.47; (48% in, 53%out) [PBC] _ %= 94.49 - 11.fi1'Ln(X ~8 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdraw rate to 6.937 billion gallons which equates to an average of 19 mgd (million gallons per day). 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. 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. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment and associated text amendment, which limits the maximum nonresidential FAR (Floor Area Ratio) to 1.32. 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. 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. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the (19) use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates 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. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal was originally by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection replaced the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge is longer being used. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The current plant has adequate capacity to service the City's projected population beyond the year 2025. The City's Utilities Department has indicated that adequate wastewater treatment capacity exists to service the subject property at its maximum development potential with the FLUM amendment and associated text amendment, which limits the maximum nonresidential FAR to 1.32. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standard for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via ex- filtration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks 8~ Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment and associated text amendment which ( 20 ) limits the maximum nonresidential FAR to 1.32, this level of service standard is not affected . Education (School Concurrency): Since there is no net increase in the residential development potential (12 units per acre - 55 total allowed under each designation) on this site with the proposed FLUM Amendment and associated text amendment which limits the maximum nonresidential FAR to 1.32, this level of service standard is not affected. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net increase of 326 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2010, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4). Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2030. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2043 or later. Table 3: Solid Waste Generation Waterford Overlay District (21) AMENDMENTS TO THE FUTURE LAND USE MAP CITY-INITIATED FUTURE LAND USE MAP AMENDMENTS: 1. Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of "The Marketplace of Delray", containing approximately 30.26 acres of property located at the northwest corner of West Atlantic Avenue and Military Trail. The current County Land Use Map designation is CH/8 (Commercial High with an underlying Residential of 8 units per acre) and the proposed City designation is GC (General Commercial). See Support Document #17 - Marketplace at Delray - Annexation, FLUM Amendment and Rezoning staff report. 2. Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of Lots 5 -7 of the "Breezy Acres" subdivision, containing approximately 2.5 acres of property located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. The current County Land Use Map designation is MR 5 (Medium Density Residential, 5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac). See Support Document #18 -Breezy Acres -Annexation, FLUM Amendment and Rezoning staff report. PRIVATELY-INITIATED FUTURE LAND USE MAP AMENDMENTS: 3. Future Land Use Map amendment for the approximately 7.08 acre Lintco property located on the north side of Linton Boulevard, west of SW 4th Avenue, from MD (Residential Medium Density 5-12 du/acre) to GC (General Commercial). See Support Document #19 -Lintco Development -FLUM Amendment and Rezoning staff report. 4. Future Land Use Map amendment fora 4.58 acre parcel located within Waterford, east of I-95, south of Linton Boulevard, from TRN (Transitional) to GC (General Commercial). See Support Document #20 -Waterford -FLUM Amendment staff report. s:\planning & zoning\longrange\comp\amend 10-1\transmittal\10-1 maindoc xmit.doc ( 22 ) COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PORT DOCUMENT #1 1 Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #1 ~~ _ a,i pz ^;'•~iiti 0 D 0 So a ao 0 503,404 0 944,825 0 112,499 235,440 125,000 0 185,296 906,464 0 15,130 53,840 68,500 0 0 7,050 41,510 0 8,000 '994,030 0 0 0 0 190,800 0 0 0 60,000 150,000 0 0 0 0 0 0 reoerai rignway tseauancatron-rnase i 3ou,wu ~,w~~,v~~ ~ 0 Federal Highwa Beautification-Phase 2 0 0 330,000 3,300,000 0 Federal Highwa Beautifiption-Phase 3 0 0 0 225,000 1,500,000 Fire Rescue Trainin Center 0 0 370,000 580,000 75,000 Fire S rinkler & Alarm S tem -80 De of Avenue- Fire 0 40,000 0 D 0 Fire Station #1 Entry and Courtyard Improvements 0 0 0 0 372,600 FireStation #1 Hardeni StudylConst 0 0 60,000 330,000 0 Gatewa Mini Parks - W Atlantic Ave-195/SW/NW 12th Ave 1,300,000 0 0 0 0 Generator U grade-Fire Rescue Head uarters 0 0 0 15,000 250,000 to-Car Audio Visual Cameras-Police De artment 0 150,000 150,000 150,000 90,000 Internal Building Data Cabling-Re lace 42,500 0 0 D 0 Laptop Computers-Police De -Replace 0 395,250 170,000 0 0 Livescan Softwre Sstem-Police De rtment 35,000 0 0 0 0 Martin Luther IUng Drive Improvements 296,000 0 0 0 0 Mobile Vehicle Laptops-Fire-Rescue Vehicle 0 0 112,500 112,500 0 Mobile Vehicular Radio Repeaters-Fire 0 125,000 50,000 50,000 0 Motorola 3.0 Radio S stem-Replacement 0 6,000,000 0 0 0 Naviline Software-Finance/IT (Window based HT 0 170,000 0 0 0 NE 8th Ave pavement -North of Bond Wa 0 0 0 ~, D S6,OOD Neighborhood Enhancements/lm rovements 0 0 O 0 246,000 Office Ex ansion/ Parks Maintenance 0 0 105,000 1 0 0 CI - 26 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525,000_ F e i~ s~ ~ ` 2 ' ~3T ' } S ~i) ,'~ ~~7~y"r.,~^ ,~Fit,~Y ~12iYR° n r~r - S.y Fjq tt`F y. `~ PROJECT&FUND...,r _. `..- t~-~~a~-i,!s'nr-,~+'.~,t~._..;,.._,,__, FY2008-09 FY~20091~Y FY-,201011+' ~ ~"tYr2Q'~172r~p,~~~~t'~iyp~'~q'~~,n3k~fh~ , _ _ _ _ _ Y...v"v...._.-.~L•~ w1LiiIX9171i ~~la~'S, Old School Square-Window Replacement 647 400 .~,~ y .r ~~- 0 ~ 0 0 0 Omnitrak Latent work station equi -Police De t 0 114,000 0 0 0 Osceola Park Improvements 394,250 394,250 0 0 0 Parkin Lot Ro(urbish-Police Department 0 0 0 0 100,000 Pinea le Grove Sidewalks 0 0 173,000 0 0 Pocket Parks-Construction 0 0 9 50,000 50,900 Police De - Lobb Renovation 0 0 0 0 49,500 Police De - Re I Van's latform 0 0 155,510 0 0 Railroad-Crossing Annual Rehabilitation Program 95,000 96,750 130,000 114,000 115,473 Ran a Ballistic Backstop-Re lacement Police Dept 0 45,000 0 0 0 SE 2nd St - S Swinton Ave to FEC x-in 0 0 0 344,000 0 Seacrest Blvd-NE 8th St-Guystream Btvd•St Recorrst 0 0 0 0 417,000 Second Floor addition-outside Evidence Rm 0 0 0 307,500 0 Server Replacement- Software U grade 0 550,000 0 0 0 Shade S orm - Pom a Parks 0 0 44,000 0 0 SidewalkslBike Paths 0 50,000 50,000 0 110,000 Skld Car for drivertraining-Pollee De 0 45,000 0 0 0 Software integration Application-Police Dept. 1,197,420 0 0 0 0 SPec'~al Events Response Vehicle, new-Fire 0 0 0 0 25,000 Street Light Poles-Replacement 0 _ _- Street ResurfacelReconstruction- rogram 75,000 SW 12th Avenue/Auburn Imprv 1,500,000 SW 14th Ave - SW 2nd st to SW 1st St & Alleys 453,700 SW 1st Avo - SW 1st St to W. Atantic Avenue 0 SW 29th St-SW 22nd Avenue Sidewalks 288,000 SW 2nd Avenue@West Atlantic Signalization 330,000 Teen Center Renovaton 0 Telemet Installations-Ci Emergen Generators 0 Tele ne S rem-Fire-Rescue Facili -Re lace 0 Traffic Calming - Annual I rovements 0 Training Room Remode~Police De t 0 Veterans Park Master Plan 45,000 VMware Server Re lacement 0 TOTALS: 58177070 .f23 CITY MARINA FUND Pu Out Station 44,420 TOTALS: ,420 WATER/SEYYER NEW CAPITAL OUTLAh ESD-Corn and Screen Wall 0 Greentxiar Dr Sewer-new sanitary sewer sys 0 Lab Information M rrd S stem for ESD Lab 27,000 Reclaimed Water Distribution/Customer Connection 0 Reclaimed Water Master Plan 0 Reclaimed Water Transmission S Lem 2,100,000 ' Slud a Thickener new 800,000 Tele hone S em -new 0 TOTALS: ~7,9Y7,000 $1, WATERlSEVYER RENEWAL 8 REPLACEMENT FUND Bbck 32 Water Mam Improvements 0 Co uter Equ' ment annual re lacement 25,500 Delra Shores water main upgrade 0 Eldorado Lane & Sunshine Dr.-Water Main u rades 0 Elevated Storage Tank Maintenance 17.000 Federal Hi hwa Beautification -Phase 3 Federal Hlghwa Beautification-Phase 1 15,000 Federal Highwa Beautification-Phase 2 H Brant Maintenance 25,000 Internal Building Data Gabling-Re ce 42,500 Laboratory Chromatogra by Unit Repl 5.5,000 Lake Drive Water main upgrades ~ 0 Lift Station Rehabilitation #107,85,94A,26A 65,000 Lift Station Up rades alon Con ress Ave 45,000 Lowson Blvd Force Main Re lacement 0 NE 2nd Ave Water Maln Re I 0 NE 3rd Aven Water Main Upgrade 0 NE 8th Avenue -North of Bond Way-extend Wtr Main 0 NE 8th Avenue-Water Main U rade 386,850 North Lake Ida Area-wtr main u rade 0 NW 4th & NW 4th Avenue-wtr main u rade 0 Osceola Park 100,000 Production Well Rehabilitation _100,000 Sanita Sewer Main Rehabilitation 150,000 CI-27 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525,000 pR~' ~ F ~ 1~~ ^I ~ ' t ",: ixt4"fi1''~, 'F,,Y2DR8-09 L=Y_200s 1o FY 2010 11 ' + a'4 FY`2031 12 ~ FY,~Q12'13 '~' Sanitary Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 SO,D00 Seacrest Blvd-NE 8th St Gulfstream Btvd-Wtr Main 0 0 0 0 35,000 SW 10th Ave - SW 2nd St to W Atlantic Ave 0 0 0 0 403,000 SW 12 & 13 Avenue Water Main 3SO,D00 0 0 0 0 SW 1st AV & SE 4th St to SE 2nd St main u rade 0 0 0 238,600 0 SW 1st AV & SW 4th St Wtr main u grade 0 0 93,t)t)0 0 9 SW 3rd St, SW 3rd Ave,SW 6th Ave wtr rrrain u rade 0 435,000 435,000 0 0 SW 6th Street Water Main 93,000 0 0 0 0 SW14th Ave-V11tr Main up rade 0 0 0 0 114,900 Transfer to Gara a Fund (Hoist Re Iacement 40,000 0 0 0 0 Util' Asst Mana emenflWrk Order System 150,000 0 0 0 0 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 Water Meter Replacement 150,000 150,000 150,000 150,000 150,000 Water Service Relocations 25,000 25,000 25,000 25,000 25,000 Water Valve Replacement 36,000 36,000 36,000 36,000 36,000 Wet Well Rehabilitation of Bld Lift Statbn 70,000 70,000 70,000 70,000 70,000 Wl•P -Vacuum drum FiQer RehabilaUon 215,000 0 0 0 0 TOTALS: $2,280,850 $7,878,334 $2,755,486 $2,828,200 $T 823,350 MUNICIPAL GOLF COURSE MachinerylE ui ment c$25, 69,500 70,000 75,000 80,000 85,000 Other Improvements <;25,000 22,800 25,000 25,000 25,000 25,000 Debt Service 413,980 409,550 409,220 406,260 409,750 Debt Service-Cart Lease 35,450 35,450 8,900 0 0 TOTALS: $541,730 $540,000 $518,120 $511,260 $519,750 lAKE1lIEW GOLF COURSE Debt Service-Bonds 249,900 220,140 223,720 223,291 225,390 DebtService-CartLease 26,180 31,610 31,610 7,900 0 Lakeview Green Renevatfon Pro'ed 0 0 0 0 0 Other Machinery & E ui nt <325,0 5,400 5,000 5,000 5,000 5,000 ~ TOTALS: $281,480 $758,750 $280,330 5738,191 30,390 STORMWATER UTILITY Allen Avenue Drainage 98.000 0 0 0 0 Block 32 Alley-Drainage S stem 0 0 86,000 0 0 Dotteral Road-Audubon Blvd 0 0 0 0 86,000 Federal Highwa Phase 1 62,000 410,000 0 0 0 Federal Highwa Phase 2 0 0 0 431,000 0 Federal Hi hwa Phase 3 0 0 0 0 454,000 General Storm Water Re airs 80,000 80,000 80,000 80,000 80,000 Lowson @ Homewood Roundabout 0 0 0 0 150,000 NE 8th Avenue from N of Bond way D ~ 0 0 0 86,000 S Swinton Ave SW/SE 4th St. 0 0 0 166,500 0 SE 2nd Street - S Sv~inton Avenue to FEC x-in 0 0 0 230,000 0 Seacrest Bivd-NE 8th to Gulfstream Blvd Drae~age 0 0 0 0 112,500 Storm Water Vac Con Truck 300,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St Draina a 425,000 0 0 0 0 SW 1st Ave - SW 1st St to W Atlantic Ave Drainage 0 0 0 0 230,000 TOTALS: $965000 $490,000 $188,000 $927,500 $1,198,500 CENTRAL GARAGE FUNC Ca ital <325,000 344,800 0 0 0 0 Fire aratus Maint, euildin 0 75,000 0 0 D Fire aratus Re lace Brush Truck 0 0 0 303,800 0 Fire Ap aratus Re lace Pumpers 0 0 559,800 0 D Fre-ALS Rescue Re lace 0 243,900 268,90D 282,400 296,520 Hoist Replacement on Truck 420 40,D00 0 0 0 0 Fire Engine Repl -2002 Pierce 1,288,270 0 0 0 0 Police De . -Mobile Corrmiand Vehicle 0 245,680 0 0 0 Vehicle Replacement 762,000 784,860 850,OD0 1,125,000 1,150,D00 Vehicle Restoration 70,000 70,5D0 74,025 77,730 81,620 TOTALS: $2, 205, 070 $1,419, 940 $1, 752 225 $1,788, 930 $1 528 140 CI - 28 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT #2 Capital Improvement Element Updated Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #2 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 325,000 } ~~'`~s.~ i""" r °' o FY 200910 FY 2010 i7. FY;20ik112`'tt~j+~1~FY`~4'~"f3 ' FY~201314' ,'~.#i ~,K I lF eN ' -, t UNp- k ` PROJECT 8 "' l ~ _ - 4 . -~,~ F .y;~ ~ 1 f T E { k .ii.:.:a s x ' ily , .. ,_ ... _. . _ ,+~~ `-, ~.. ,... e ._s. _ ... 4.,__ ' :: i : '~ E -~: ~'N ~ U ' ~ ' -' ~ . .. .. __.. -. . .,.. ... : _ ._ . .-, .._ ._. ....~~z w 'c.1s,. d±.' ~-.~ sx~ ... „i . _. -:~,d._s ti~..y.~-,. 3> RECREATION IMPACT FEE 0 0 Worthing Park Improvements 414,400 0 0 TOTALS: $4!4,400 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND 0 0 159 000 .--- 0 Citywide Tree Trimming-Equipmnt Computerized Irrigation Syst-Pks Medians 0 50,000 50,000 50,000_ , 50,000 ~ SO,DOD TOTALS: $50,000 $50,000 $50,000 $209,000 $50,000 COMMUNITY DEVELOPMENT FUND Shi Program-State Grant 52,670 52,670 52,670 52,670 52,670 Western Settlers' Grnt Prog 55,000 0 0 0 0 Beacon Ctr- Village Program 792,850 792,850 792,850 792,850 792,850 Neighborhood Stabilization-FED 1,904,380 0 0 0 0 Neighborhood Stabilization-CRA 400,000 0 0 0 0 Disaster Recovery Initiative 35,850 _ 800,000 0 0 D Planning Administration 118,230 121,777 125,430 129,193 133,069 Housing Rehab -Federal Grant 203,970 235,440 235,440 235,440 235,440 Unsafe Bldgs/Lnd AcqulBike PathslNe' hborhd Resources 177,466 150,000 163,430 143,46@ 125,000 Grnts/Aids-Fed Grant-Eton Devel 86,500 0 0 0 0 Nei hborhood Housin 185,726 _ 185,710 186,000 186,000 185,296 TOTALS $4,0!2,630 $2,338,447 $1,555,820 $!,539,622 ! 524 325 BEACH RESTORATION FUND Beach 7illin 0 0 15,125 15,580 16,050 Final&Constr ineerin 93,000 70,000 0 0 0 Other Expenses 0 6,500 6,500 6,500 6,500 Pre/Post Constr Surveys 49,530 51,0201 52,550 54,125 55,750 Construction- Pre 8, Post 265,006 265,000; 68,500 0 D Renoruish-Flt! Placemnt 0 9,000,000 0 0 0 Sea Turtle Monitoring 38,750 40,306 41,510 42,755 44,038 Yearly replacement snow fence) 4,000 8,000 8,000 8,000 8,000 TOTALS: $450,280 $9,440,820 5192,!83 $126,960 $!30,338 GENERAL CAPITAL IMPROVEMENTS Air Conditioning Replace 70,000 0 0 0 0 Air Conditioning Upgrades 67,000 0 0 0 0 ARRA Bus 5helters(101-3163-544-65.70) 373,750 0 0 0 0 Atl Gateway Art Feature 1,000,000 0 0 0 0 Atlantic Ave Median 266,535 0 0 0 0 Atl Av St Light Rplmnt 0 50,000 50,000 50,000 50,000 Atl Dunes Nature Trail 0 130,000 0 0 0 Beach Beauttfigtlan Plan 50,000 0 0 0 0 Beach Pavillion Replace 0 0 228,000 0 Bleachers-Community Ctr 55,000 0 0 0 0 Block 32 Alley 130,000 4 0 0 Building Maintenance 125,000 125,000 125,000 125,000 125,000 Bus Shelters-CRA 130,000 0 0 0 0 Carpet Replacement 65,000 0 0 0 0 Com~uter/Equipment Repl 70,000 110,000 110,600 110,000 116,060 Cultural LoopMLK BIv Ph 1 750,000 D 0 0 0 Data Cabling/Switch 18,000 70,000 0 0 0 DefibrillatorlMonitor 26,006 0 0 0 0 Disk Stora a/Memory Incr. 65,000 0 0 6 _ 0 Douglas Ave Park 19,500 130,000 0 6 0 Evidence Rm-2nd floor expan 0 0 0 0 300,600 Exchan a Archivin Softw 63,000 0 0 0 0 Facilfty/Roof Maintenance 25,000 0 0 0 0 Family Rec & Fitness Ctr 0 11,937,580 0 0 0 Famil Rec & Fitness Ctr 0 292,460 0 0 0 Fed Hwy Enhancements 0 0 9,810,000 0 0 Fire H4 Generator Upgrade - 0 0 0 265,000 0 Fire Rescue Training Ctr 0 0 370,000 580,000 75,000 Fire Sprinkler System 0 42,000 0 0 0 FireStation Alerting 50,000 0 0 0 0 Firin Ran a Replacement 0 45,660 0 0 0 HR/Purchasing Ex ansion 0 190,060 0 0 0 In-Car Video System 60,000 150,000 150,000 66,000 0 Lapto Re lacement 377,860 168,060 0 0 0 Mobile Vehicle Laptops __ 0 112,500 0 0 0 Mobile Vehicle Radio 50,000 50,006 56,000 0 0 Motorola~Radio 3 stem 0 6,000,000 0 0 0 NE 8th Av Paving I 0 _ _ , ~ _ 0 - __ _ _ 6 0 95,000 _ NW 12 Av-AUanticJMLK 195,500 0 0 0 0 CI-26 TABLE CI-CIP FIVE YEAR CAPITAL IMPRO VEMENTS SCHEDULE FOR PROJ ECTS > $25,000 y ~ s vtel nxl.} r ,t~ a~ i "Nl t s i 9...'4 ~ 1!. t.ly4 ryY 3yc" tom.. ;^J ~'l.4'114~rv i~ <, T t ~I i~.- ~ Q ,t ~Ia'~'~7f.j;l s~'+ ~'> t ~+ I I' ~ ~.. ~ ~ . E a PI2 JECT &~FUNb '',I 3~ s ~rt ! ~ ~ ~ , .. t (n x aF'ty~y 5~i ~1f ~..~ f.f IF17 Y 1' f4k:. ~~12EF~ '7 ~.~~tx ~ S T2DD~9~(il td~l' E.,Y"1010,91`~~' i~s li~r~ ~ ~ S s l ~.' I ~~ ~~ f y1~_ 4C~If ~a `r'- 1~'12< , IMt 1 ,. 11 C. < 'f .. ~:;• 1,•:u FY20~2.i~ii,`3~r ~`r~ ~ ' b:5 ~--7) FY~20'~3.ttl~+.. x . ' x ~ .. q~ s N f-t ,~i ! .., ,. ~aae tSl s a :S~v^ i `~~ '`-.~,` ~ :~ ; , , ~ I , ~~~~Xilxr _.. ~~1 ... ,.x...:_ 1..._~.., ..~z ~ f ~ 3 x _4s,.u.., ... _.4:;, .,,..ua „:i.. ,I r _ .. x~v..a.r:.e. ____,..,. ,.,..., .1_... ~~ „ _ . . . . .~. . v : x. _.,u. r Omnitrak Latent station ~ 114,000 0 ___ 0 0 0 Pineapple Grove Side walk 0 0 172,500 0 0 Redesign Pompey Pool 0 390,000 0 0 0 RRX-in AnnualMaint 97,000 101,650 106,942 112,289 117,903 SE 2 5t - S Swinton to FEC '~ 0 0 344,000 0 0 O 0 u 419 700 Seacrest By NEBSt Gstream 0 0 0 0 000 220 D , 0 Server Replacement 0 0 , 000 66 0 0 Shade System-Pompey Prk Sldewalks/Bikepafhs _ 45,000 20,000 , 50,000 50,000 50,000 Skid Car 0 45,000 0 D 0 Special Events Vehicle 0 215 000 0 175 000 0 175,000 0 175,000 25,006 175,000 Street ResurflRecanstr , 2 000 000 , 0 0 0 0 Auburn Ave Im rov , , 0 0 0 0 446,500 SW 1 Av-SW 1SUAllanticAv D 0 0 SW 2 St Beautification 244,750 244,750 0 ~ 0 D Ta a Backup System 0 35,000 0 0 0 Teen Center Renovation 50,000 0 0 0 100,004 0 0 Telephone System-Fire Tennis Ctr/Court Rehab 60,000 60,000 60,000 60,000 60,000 Traffic Calming 0 0 100,000 100,000 80,000 VMware Server Re lacemnt 0 0 0 320,000 320,000 TOTALS: $6,683,895 $20,948,140 $12,059,442 $2,241,289 $2,449,103 CITY RAARINA FUND lk 87 004 580,000 0 0 0 Rlverwa TOTALS: , $87,000 580,000 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY ESD Energy Audit /Plan 100,000 0 0 0 0 0 0 0 ESD New Telephone Syst 0 125,000 Greenbriar Dr. Sewer 0 0 0 0 280,000 Rclmd Wtr Customer Conn. 150,000 150,000 100,000 75,000 300,000 Reclaimed Water Expansion 1,500,000 2,500,000 2,500,000 2,500,000 2,100,000 Utility S tem Audit 150,000 0 0 0 0 WTP New Lime Sludge Unit 400,000 0 0 0 0 TOTALS: $2,300,000 $2,775,000 $2,600,f1f70 $2,575,000 $2,680,000 WATER/SEWER RENEWAL 3 REPLACEMENT FUND Automated MV Rd (AMR 0 0 700,066 550,000 600,000 Block 32 Alley Bldg LS Wet Well Rehab 0 70,600 116,300 70,000 0 70,000 0 70,000 0 70,000 Computer Equipment annual replmnt 4,000 0 0 0 0 0 Congress Ave Llft Station u grades 45,000 124,000 0 0 0 Data Cabling/Switch 52,000 0 0 0 0 0 0 768 200 768,200 Delray Shores W/M 0 0 0 , 0 494,500 EldoradoJSunshine W M Elevated Storage Tank Maint. 17,000 17,000 19,000 19,000 19,000 Federal Hwy Enhancements 0 0 100,000 0 0 Lift Station Rehab 65,000 65,006 65,000 65,000 65,000 Lawson Blvd FM 0 0 345,000 0 0 NE 8th Av Paving 0 0 0 0 50,000 NE 8th Av Paving 0 6 25,066 0 0 NE 8th Ave WM 0 0 390,000 0 0 N Lake ida Area WM 471,500 0 230,000 0 0 NW 4 Av 8x 3 Av WM 0 593,400 0 0 0 NW 16th St WM 115,600 6 0 0 0 0 Osceola Park WM Ph2 880,000 0 0 0 0 Painting Wtr Storage Tanks Production Well Rehab 32,000 75,004 0 100,000 0 100,000 0 100,000 100,000 San Swr Main Rehab 100,000 150,000 150,000 150,000 150,000 San Swr Manhole Rehab 50,000 56,000 50,000 50,000 50,000 Seacrest By-NEBSt Gstream 0 0 0 0 50,000 Seacrest Blvd Ph 1 0 0 0 287,500 0 SW 10th Av VNI 0 402,500 0 0 0 5W 11th Av WM 0 0 0 103,500 0 SW 12 & 13 Av WM 0 0 0 402,500 0 SW 1St Av WM 0 98,900 0 0 0 SW 2 St Beautification 25,000 25,000 0 0 0 SW & 6 Av WM 435,000 435,000 0 0 0 Utility Asst Mgmt Prgrm 25,000 0 0 0 0 Washwater Recovery Piping 172,500 0 0 __ 0 0 Water'Main Leak Repairs 50,000 75,000 75,000 75,000 75,000 Water Meter Replacement 150,000 150,000 150,000 150,000 150,000 Water Service Relocation 25,000 25,000 25,000 25,000 25,000 CI-27 `$ FY.2013 14 '~ %' ss,ooo - - o 0 0 ;2,~02,~00 50,000 25,000 410,490 0 ;485,490 163,560 $163,560 0 0 0 105,000 0 64,300 0 0 1,164,212 0 162,800 0 200,000 232,000 0 ;1,928,312 0 0 0 0 0 0 0 0 975,000 i 81,620 i 0 $1,056,620 I 100,000 ;100,000 I 0 I 0 $0 CI-28 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA ENT Capital Improvement Element Existing Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule SD #3 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Estimated Revenues for Fiscal Years 2009 - 2013 Prior Year FY FY FY FY FY Estimated Revenue Total Revenue PIan,Years 2009 2010 2011 2012 2013 State Sourcxs - - Ctass See Reduction CO & DS - 219 870 5 .' S.2^5 87C 1,043,974 1,043,974 1,043,974 1,043,974 1,043,974 PECO Bonds-Maintenance , , 34,489,654 34;4E~5;554. 5,358,606 6,544,312 7,538,390 7,524,173 7,524,173 PECO Bonds -Const 9,994,456 9;934,L5o 3,794,778 1,104,263 1,623,201 1,736,107 1,736,107 Subtotal State Sources 49,703,980 49.7II3,960 10,197,358 8,692,549 10,205,565 10,304,254 10,304,254 Local Sources Special Millage 1,412,459,819 1 412 4{c,819 279,695,512 276,898,557 276,898,557 285,205,514 293,761,679 Carryover 196,657,426 19,,E57.4ZB' 119,621,454 22,799,201 17,581,394 18,898,814 17,556,563 Impact Fees 13,696,550 13,595 550 2,739,310 2,739,310 2,739,310 2,739,310 2,739,310 Interest Income 16,000,000 ;1c OOC,CQp 3,500,000 2,500,000 3,000,000 3,500,D00 3,500,000 Miscellaneous Local - - RevenuePriorto2008 1,763,029,983 1,763,029,983. - Subtotal Local Sources 3,401,843,778 1,763,029,9$3 1 638,813,795"- 405,758,276 304,937,068 300,219,261 310,343,638 317,557,552 Other Revenue Sources - '~ - COPS Proceeds 304,848,332 3.,4,x48 X32 106,231,892 49,933,357 44,490,117 104,192,966 FEMA Mitigation Grant - c Referendum 250,000,000 83,000,000 > X67,000 000 121,000,000 46,000,000 Subtotal Other Revenue Sources 554,848,332 83,000,000 471,848,332 227 231,892 46,000,OOD 49,933,357 44,490,117 104,192,966 707AL REVENUES 4,006,396,090 1,846,029,983 2 160,366,107 643,185,526 359,629,617 380,358,183 385,138,009 432,054,772 CI - 30 TABLE 5D-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fisca[ Years 2009-2013 Prforto , FY FY FY FY FY ProJeot Total 2D09 Plan Years 2009 2010 2011 2012 2013 New Construction New Schools Emerald Cove Middle (02-JJ) 34,840,063 ~~~ 0~3 -= - JupAer Farms Area Middle (03NN) 99,671 99 67' - "' Marsh Pointe Elem (03X) 21,937,817 21,937 Q1 - Patrokee Area Middle (03-MM) 37,296,466 2,521 41G 3~ 775,055 34,775,056 Plne Jog Ernironmental Elem (03Y) 37,613,076 37,613 016 - Plumosa 6 - 8 Riviera Beach High (OZ-MMM) - 109,410,431 ~~- 2500 OCG 105 9, 0,43' 2,717,465 104,192,966 Scripps Area Elem (04-A) - - ' Sunset Palm Elem (032) 30,065,316 30,065 3 ~ - WestBogElem(OS-0) 33,671,229 1,894790 3 .~~E;439;1 31,776,439 West Central Community Elem (03W) 39,407,793 2,180 079 37,??7;1~,i t; ~__ 37,227,714 WPB ! LW Area High (03-000) - WPB Area Elem (O6-D) 33,553,618 33,553 6 9 --! ~ WPB Area Middle (04-00 Subtohl New Schools - 377,886,480 167,206,840 ~'- 210689,640 10],778,209 2,717,46b 104,192,966 ModemizatlonslRoplaeemonts - Allamanda Elem Modernization 28,978,930 28,978 930 Bak Middle School of the Arts Modemization 36,827,664 36,827 65=• - Barton Elem ModemizaUOn Berlcshlre Elem Modernzation 33,193,266 28,602,807 33,193 266 - -~ 28,407 95~ ~ ^94 842' 194,842 Boca Raton Middle Modemization 36,413,919 36,413 91 ~ CO Taylor FJemetnary Modernization 44,151,875 44,151 8 ~ Congress Middle Modernization 33,733,046 33,733,045 ' _ DD Eisenhower Elem Modemization 27,419,424 27,419 a24 , !' Forest Park Elem Modemization 31,655,184 750 000 31,655 184 - ; 750 a0C7. 150 000 150,000 150,000 150,000 150,000 Future School Modernizations Galaxy Elem Modam¢aticn , 43,634,679 43,6"'04.679 , i ' 3,834,527 39,800,152 Gladeview Elem Modemizatbn - Gold Coast Mademization Gove Elem Modernizatlon 3,801,511 - 3 30t 5 . ~ 3,801,511 Hagen Road Elem Modemization e School ModemlzaUon Rid di I 31,008,823 825 15 936 30,3192 9 6F X44 ;. , 15,936 8~5 , i 689,544 g n an JF Kennedy Middla Modernzation , , 33,750,090 , 33,750 090 '~ 532 3 071 North Palm Beach Elem Modernization 3,071,532 7 ,532 3 ~ , , Northhom Elam Modem¢ation 33,009,133 ~ 4,2595 0 .." 26 r4J 563 28,749,563 CI - 31 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2009-2013 Priorto " . FY FY FY- - FY FY -- vroiod Total 2009 -, Plan Yews 11 2009 2010 201 i 2012 2013 Palm Beach Gardens High Modemizafion 106,022,848 106,022 848 ' PlumosaK-SModemiretion 30,794,290 2,500000 2E•294;290 26,294,290 Rolling Green Elem Modem¢ation 26.536,387 26,536 38 Roosevelt Full Service Modernization - Royal Palm School Modemization 43,013,252 43,013 252 ' Suncoast High Modernization 91,541,495 89,104,3C1 ,, ~ 2 4.iZ; 94 2,437,194 Trensportatlon (West Central) - - _ Transpottatlon Compound (South) 1,303,533 1,303,533 - ' ,' West Area Ed Complex Modernization 24,675,919 914,043 ' 23 r 6YY,Br B' Westward Elem Modernization 32,342,879 32,342,879 ; Banyan Creek Elem Cote Expansion 4,689,96x` Banyan Creek Elem Addition 13,794,581 13,794,581 Belle Glade Elem Addition Pre-K 7,282,636 785,714 Benoist Fanns Elem Pre-K 3,381,306 3,381,306 Boce Raton High Career Academy 20,778,818 20,778,616 Boca Raton High Stadium 11,190,467 11,190,467 Boca Raton High Swimming Pool 2,561,549 850,000 Boynton Beach High Academy 10,715,000 10,715,000 Canal Point Elem Brick Remedia0on - Carver Middle Addition 10,130,872 10,130,872 Carver Middle Core Addition 1,312,500 Cholee Lake Elem Pre-K 1,322,542 1,322,542 Citrus Cave Elem Add'Rion 14,250,397 14,250,397 Crestwood Middle Core and Classroom Addition 1,808,510 1,808,510 Cypress Trails Elem Brick Remedlation - Del Prado Elem Brick Remediation - Ed Plant Survey & Facility Condition Assessment 1,930,000 Fulton Holland Window Project 7,448,357 7,448,357 Glades Centel High Academy 9,577,320 9,577,320 H.L. Johnson Elem Addition 16,909,30.9 16,909,309 Indian Pines Elem Addition 13,440,520 13,440,520 Indian Pines E1em Pre-K 1,266,119 1,266,119 Jerry Thomas Elem Additon 15,860,405 15,860,405 JF Kennedy Middle Athletic Fields 2,310,000 23,761,676 4,689,965 6,496,924 1,711,549 1,312,500 1,930,000 2,310,000 CI-32 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 ''Plan Years 2009 2010 2011 2012 2Dt~ __ Jupiter Middle - - Jupiter Ok1 Elem 8,845,182 8,845,18 - Lake Worth H'gh Teacher Apdemy 1,573,260 1,573 25C - Lake Worth Middle Addition 8,847,127 8,847 1 -_ - Lake Worth Middle Core Addition 1,312,500 1;312,500__. 1,312,500 Liberty Park Addition & HVAC Replete. 16,257,100 16,257 1C0 - Limestone Creek Elem Addition 14,051,313 14,051 313 _ - - Maintenance Compound (South) 750,000 750,000 , ~ _ ___ Mairttenence Compound (West CenVaQ - - Maintenence Compound (West) 500,000 500 000 - Manatee Elam 21,796,154 1,442 661 20353 4.,3 20,353,493 Okeeheelee Middle Addition 9,529,191 9,529,191 Olympic Heights High Teacher Acad. 1,929,845 1,929,645 - Pehokee Elam 2,452,683 2 d~T.Ci83;'i 2,452,683 Pahokes High Remodeling 5,817,988 5.217;~8'~. 5,817,988 Pahokee High Stadium 13,223,423 13,223 423 - °' Palm Beach Lakes High Add. 8 Acad. 15,621,191 15,621,191 . Palm Beach Lakes High Auditorium 12,999,459 12,999 4~9 Relocatables and Modulers Purchase 14,249,730 14 24r=730' ` 2,500,000 2,750,000 3,D00,000 2,999,730 3,000,000 Roosevelt Middle 10,336,652 10,336,652 ~ " `- Sabel Pelm School Rerovation 157,500 157 50C .. _ - - School Food Services Build-Out 5,917,408 5,917 aC8 - Seminole Treils Elem 13,964,012 951 975. ! 13 012.037 13,012,037 Spanish River Hgh Audtorium 9,917,339 9,917339 c' ; - Spanish River Hgh Biotech Academy 4,520,467 4,520 467 ~ - _ SpenishRiverHghTeacherAcademy 1,199,100 1,199,100 Village Academy Buildout 1,700,000 1,70Q,~CC ~ 1,700,000 Village Academy Sewndary AddRion 19,526,025 19,526,025 - W.T.DwyerHighAcademy 3,905,540 3,905,5nC -_ W.T. Dwyer High Addition 7,913,111 7,913 1' 1 - WellingtonElemAddBion 21,805,230 21,805,230 Wellington Hlgh Auditorium 13,650,889 13,650,889 ' Wellington High Veterinarian Academy 2,805,000 2,805,000 Wh}spering Pines Elem 4,578,105 4,228,105 ~50!?!J(7 350,000 Whir erin Pines Elem Core Addition 4.001 614 `-`_4:iXJi.St~i 4,001 614 Subtotal Addltlons 462 618 402 370 917 419 - .. 81;700;983.: 26 611 644 11,376,649 29171 481 7,689,69b 7 001,614 Subtotal New Construction 1,682,976,334 1,266,160,690 - :~ 427 776,664 ~ 190 806 286 11 476 549 66,917,884 67,230,3b6 111,344,680 CI-33 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE DebtServloe CapitalContingency 47,238,408 23,9361~c i ` ` 23302;`6G. - 9,900,000 1,797,694 4,826,239 1,546,741 5,231,594 COP Lease Paymers 968,548,360 161,717 679 806 S30;7C1 '~ 9,B26,g00 159,826,000 158,063,479 162,161,756 166,953,466 Commercial Paper Payments 250,000,000 83,000,DCO 167 ~OC';IX!Q ~ 21,000,000 46,000,000 ERP Lease Paymers 12,641,409 10,587,94b 53,x£1 i 2,053,461 Survivor's Facilit Lease 3448 392 1,857,000 766 7 91,352 ~ 1 600777- 822 509 800 293 269 261 530,192 551 400 208 163 886 163 441 118 '163,708,487 172,185,060 Subtotal Debt 3ervico 1,281 876,868 281,098, . ; Educatdonal Technology "' " Alternative Education 1,000,000 750.00x7 -= ' ?50,000- 250,000 Application Instructlonel Software 7,671,189 6,111,1f3A 1500,:000' 1,500,000 3 Computer Refresh 33,757,568 26,755,&° ~ '' r,OC1,633; 7,001,66 Dlgltal Divide 300,000 150,0(x3 '~~`OOi7 150,000 Edline Student I Parent Portal 422,180 42?;150 422,180 Educational Data Warehouse 25,272,620 20,372,620 .: 4, ~JO;^09 ~ 4,900,000 Language Divide 50,000 SO,CUU"" 50,000 Learning Vtlage ~,~ ~•~ ` ~~~ NCLB Educational Technology fnitietive 300,000 3i!t3,t)00 300,000 New School Technology 3~~~ ~'•~ ~~~ On-Line Assessments 7,907,263 6,600000 " ~ 130?'<'63: 1,307,263 Onfina Professional Development 100,000 000 500 6 3500000 ~P,•O;G~'i0; `= '3'0(3C)Y)DU'; 100,000 3,000,Ot~ Technolo Tools Subtotal Educa4onal Teehnol , , 163 8fi2,718 64 239,694 89,613;024' _ 19481 126 17143 391 17143 391 17,667,893 18,187,423_ Maintenance Building Errvelope Maintenance Program 18,500,000 76,000 000 ' 2,S00;Q00 2,500,000 County Wide Custodial Equipment 694,672 530 6r ' i c4;000' 164,000 Environmerrtal Service Contregs 2,940,874 ~5;t(),2%G 2,940,874 Fire 8 Life Safely Systems 5,636,858 2552 8 ,P ' 3~..E1,000 3,084,000 Leke Shore Annex 1,408,000 '- 1:~J8 X03 1,408,000 LCD Projector Installation 1,500,000 1,5~:;0n.~ 1,500,000 Maintenance Projects 15,033,597 11,612,000 ': 3,421; X9,7. 3,421,597 Minor Projects 37,155,258 28,167,2SL3 B 9Fi°,C00 8,988,000 FYDB Carryover S,000,D00 5 7(A'7;IXN1 5,000,000 Preventive Maintenance 6,429,600 4,350,DC0 "~:~. ?,C'y.E~C: 2,079,600 Reloca[ables -Leasing `~4,~ - =~• 0` ~•~ Ralnratahles -Relocation 4,618,400 , 4,81,H,4 ;~„ 4,818,400 C I - 34 Sumrnary of Capital Improvement Program for Fiscal Years 2009-2013 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal-Years 2009-2013 Prior to f'Y FY FY FY FY ProJeaf Total 2009 Plan Years ~-' 2009 2010 2011 2012 2013 Subtotal Maintenance 228 624,227 63 T12 788 166,411;439 36 959 077 31 643 982 31 643,982 32,b93,302 33,671,101 .~;:- Other Items 10-book Fund Library Core Collections 750,000 ,000 ' ~'~O,OC~ l 2D0,000 Academic Compliance System 1,039,117 738 387 4~ 730 0 300,730 000 AV Equipment Replacement fund /Destiny Library F 2,611,000 1,515 000 00 1 CS ; 1,096, Capital Maintenance Transfer 140,300,000 91,3170 OOC ^ .' ~~ ~;~!70 u ' 49,000,000 900 000 Choice and Career Programs Fumlture & Equipmer 3,580,000 0 2,680 0 9;O 0 - cl , County-Wide Equipment 5,117,409 3,1174[' _ 2,~,OGt7` 2,000,000 Destiny Textbook Manager 9,200 ,9,200. 9,200 Digdal Video Repository 44,325 '.44.325- 44,325 Distance Learning, Virtual School, TelecoMerencing 191,597 -75?;59'?-; 191,597 Infreslruchxe Development 1,254,265 _ 1,25428:1. 1,254,285 Mufti-Media Centers 81,900 8;,900.[ 81.800 Musicallnstrumenfs 600,000 4000('0 _ .,.200',000.- 200,000 Newly Approved Choice Programs FFBE 350,0170 3`~,~00: 350,000 PREP Computer Stations 82,000 87,D00' 82,000 Property Insurance 9,000,000 d,Oi.~O,OOC 979;6(2 9,000,000 602 979 Salaries/Benefits for established personnel 979,602 156 580 , 156 580 Tower Fund: Re air and Maintenance -External 156 580 , , Subtotal Other Items 403 192 87T 100 300 796 302 892,081 66 846 19 b7,944 673 b7 944 673 89,683 013 81 473 603 `` Security 4.9 GHz Radio Frequency Utilization 200,000 200.000: 200,000 Card Reactors, Security Control Points and Key 110,000 ' 10,000 110,000 New Repeaters at Tower Sites 200,000 0 2(10,000 000 5~r; 200,000 560 000 Video Surveillance Systems 56 ,000 ; , Repeater & Radio Replacement 160,000 _t60,Dai.' 3 ^Q 160,000 300 000 Intrusion Alarm S stems Subtotal Security 300,000 7 037 988 (`C,, C T037:988 , 1 530 000 1,346 400 1,346 400 1,386 792 1 428,396 Tacbnol Application Development 1,402,155 i,4C21~ 1,402,155 Second Internet Link at Seminole Ridge 1,000,000 1;00(;000' 1,000,D00 Blackberry 1 PDA Server Licenses 35,000 - 35,0~~0 35,000 Business Operating Systems 10,524,258 7,723 6~5 ''2,8(0;629' 2,800,629 Business Replacement Project / HRIM 9,192,095 8,688 536 , 'i: 5C3,5~ti9 503,559 Computer Assisted Facility Management 8,103,228 4,660 C.'S " _ 3 43;219 3,443,219 Call Cen~cr'~oftware 20,000 <0,000 20,000 Clessrrar Cato Cabling 100,000 __ `00;000; 100,000 CI-35 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to - FY FY FY FY FY Protect Total 2D09 Plan Years 2009 2010 2011 2012 2013 Computer Purdiasas / Admin Refrresh 436,375 436;375 436,375 Corrfarenca Bridge / Hospdel Homebound 355,000 I 355,000 ~ 355,000 CountyFberConstruction 1,100,000 600,000 -,~_ :r~C;:O(x i 500,000 Disaster Recovery Site (Seminole Ridge) 1,472,000 1,4, c[Y.,~3 1,472,000 District Server Refresh 100,CG~ ' ~0 0~7 ` 100,000 Doaunent Imaging System 100,000 'OO;000 : 100,000 ERP 4,88D,6:" 4,880,E23 4,880,628 Hardware/Software 3,532,748 -',3;532,235°? '' 3,532,235 Image and RIP Creation 15,00~~ "S;OGL 15,000 IT Portal DevabpmeM 692,9x2 6SZ,E~? ~ - 692,942 IT SecurRy 17,086,46' '5,13 4 C -~ 1,88~051~- 1,884,051 ITILlmplementation 135,000 135;CC(~~ 135,000 Modular Messaging PoR Expansion 240,000 240;OGC:; 240,000 Administrative Techrology for New Schools 2,076,500 2,000 000 76;5Q~; 76,500 Project Management System 203,398 00 ~2~;398.! 500,Ci0 1 203,398 000 1 500 SAN Capacity Butldout 1,500,0 i7 . , , School CemerAdministrative Technology 13,705,352 10,184,C56 3 52?.2`.;6` 3,521,256 School LAN Switch 422,000 4~::M:C- 472,000 School Network Moves -Adds -Changes 100,000 100;JOC: 100,000 School Wireless Networks 47,OD0 ~7;0(h;. 47,000 Student System AppllptionStateBoard Revisions (I 728,743 .728;rr3 726,743 Student System Enhancement 25,000 25;0(X; 25,D00 Web Forms 50,500 50,500% 2 0 D C 50,500 Wireless Security 200 000 0 C < _ 200,000 9uMotal Technology 188 440 b10 49 078 680 140,4D7,830 ~ 30 622,190 26 868,427 26,869,627 27,666,313 28,495,272 Tnnsportatton _ School Buses 38,739 952 32,988 579 . 5 5 ;a~3 5,751,373 Subtotal Trans nation 68 444 849 32,988 579 - 26 456;270' 6 761 373 6 061 208 5,061,208 6,217,044 5,369,436 9uWotal Other Rams 2,323,469,766 690,879,303 -1.732,b90,db3 4b2 379 240 348,163,068 703,440,299 307,907,654 320,710,192 TOTAL PROJECTS 4,006,396,090 1,846,029,983 ':2 160 366,107 647,185 626 369 628 617 760,758,183 365 138 009 432,084,772 SDPBC Board Adopted, September 10, 2008 CI-36 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUME Capital Improvement Element Updated Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule S D #4 TABLE SD~IP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Estimated Revenues for Fiscal Years 2010 - 2014 _- Fv Fv Fv Fr Fr ~~,_~_. e___.._ oa... vw~r ow w -~ Plan Years 2010 2011 2012 2013 2014 COb DS 2,021924 ~ -9,358,200 1,871,640 COBI Borrds '- t7;3G0,000- PECO BOrld3 -Cons[. 3,794 778 = _ ", 7,060,972' - Special M10age Discretlonary I (.098 mil) for FY1 D and _ _ - - X FY17 129,940,033 ~ - ^~- 73,913,656 Special M61age DlsaeBonary II (.25 nut) • ~ 68,345 549' 35,494,027 Carryover 119,627 454 138,140,201' 82,000.266 ImpeC Fees 2149,356 s;' 73.596,550' 2,739,310 Interest Inwme Revenue Prior to FY09 78,752,697 '-10,000,000 628.706.931 2,500.000 427 349 611 'uDtotal Local Sources ~ Iffier Rwenue 8ourosa 7018 977,658 ~. ~- :.1;395,087.093 , , COPS Proceeds FEMA Mitigation Grant RAN Proceeds 2149,356 7202807 ~, _ -55,826,022 55,826,022 'Requires super majority vote 1, 871,840 1, 671,840 1, 871, 640 1.871,640 11,000,000 442,531 1,762,989 4,855,452 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2010 - 2014 riot to ~:: -' ~ ~- FY FY FY FY FY 2014 2016-2019 ~ Total 2010 ,-Plan Ysan `. 2010 2011 2012 201J _ Construction New Schools 145 000 000 Greeter WPB / LW Area High (03-000) 145,OOD,000 - _ HopaCenlennlal Elementary (O6-D) 31.780.842 31,780 842 000 000 69 Jupiter Farina Middle (03NN) 89,000,000 Marsh Pdnte Elemenary (03-X) 21,302,359 21,302,359 - _ - , , - -- ;. -~ ~ ~ ~ NoM l Gardens Area Elemerdary (04-A) 46,000,000 - - ' ' Patlokee Area MMtlk (03-MM) 37,296,468 37,296466 _ - Plne Jog Envkonmerttal Elementary (03Y) 96.868.840 36,868 640 - 76 000 000 Plumose MSOA (03LL) 76,000,000 Rivlere Beach High (02-MMM) 86.754.341 2.500.000 - - 50D,OD0 ~ 500.000 , , .83,754,341 46000 000 Southwest Area Elemenary (05-C) 47,167,230 1,167,230 - . Sunset Palm Elementary (0}Z) 29,334,203 29.334,203 " West Central Community Elementary (03-YV) 27,378,116 27,378,116 69 000 000 West Palm Bead1 Area Middle 04-00) 69,000,000 - ( - , . 46:000:000 Western Communit(es Ekm OS-B 46.000.000 - 600 000 . 754 741 ~ 680 Subtoal Nsw Schools 768,88 197 187 627,856 500 000 , , Modamintlom I Re lat:amenb 26,676,209 28,676,209 Allamanda FJemerdary - Barbn Elemenary 32,190,210 32,190,210 - _ _ - Berkshire Bemenlary 28,256,135 28,256135 _ - d - CO Taylor Elementary Modemaa6on 43,122,493 43,122,493 - •-' ~ ~ DD ELSentwwer Elementary ModemlzaEOn 27,344,787 27,344,787 ~ r Forest Park Elementary ModertJZation 30,283,761 3083,781 Future Sctad Modem®tlans 975,000 150,000 - - 825,OD0 225,000 150,000 150,000 150,000 150,000 GNaxy Elementary 32,971 115 - ' 32,977,115 3,181,987 - 29,789,128 Glade View Elementary Modernization - 49000000:' GaldCoastCommunitySehod 49,000,000 - - - ,.y ;. Gone FJamentary Modemizatlon - - " _ Hagen Road Elementary 29,488,378 29,488,378 Master Planned Glades Sehool 34,250,000 - . - _ 34,250,000 3,431,987 30,818,013 .. - North Palm Beach Elementary 33,859,406 - 2.85D,452 2,850,452 31,008 956 ~ _ Northboro Elemertary 33,409,133 33.009,133 27 38 962 -~ 400,000 400,000 2 . Palm Bexh Gardens Elementary Modemlzatlon 27,238,962 Palm Beed1 Gardens Hlgh Modernization 105,522,848 105.522,BaB Plumose K-5 Elementary 30,794,290 30,794,290 " - Rdling Green Elementary Modemlra8on 25,654,724 25,854 724 56 000 000 i F l S i M d tl _ - ~ - 36000A00 , , o ern on Rooseve0 u l erv ce za 192 283 283 43 192 demiation 43 R l P l S ho l M _ - , , , oya a m c o o 541 495 495 91 541 91 .' , , , Surlwart High School 0 70064 - - - J7929,936 Transportatbn Compound (South) 13,000,00 006211 000 1 000 28 - -- 3,789_ 26,99 , , , Transporta8on (West Centrep Waal Area Eduratlon Complex ModemiZatlon 1,914,043 914,093 878 992 992 878 31 Modemiza5on 31 d El t W t _ ; 1.000,000 --- 1,000,000 . " ~ " , , , , war emen ary es 900000 2,800,000 30;200,000 nebraok Eleme 33,000,000 - Subtotal Motlemiratlom / Re cements 889 678,162 608,448,904 2 75,0%,567 6,238,874 30 968,013 29 939 126 3,000,452 2 960 000 ,:- 206,132;681 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2010 - 2014 Total 2010 Plan Years i 2010 2011 2012 2013 2011 2015120'18 ~' Additfona and Rernodelin Banyan Creek Elementary Core Additon 4,304,965 - - 4 304 965 323,810 3,981,155 ' Banyan Creek Elementary Addition Addllion Pre-K Elementa Bdl Gl d 11,758,451 7 827,636 11,758,451 7,282,638 _ -. .` .`,45000 545,000 ~ ~ ;' ry e a e , 632 001 4 001 632 - ~ Benoist Fanns Elementary Prs-K , 4, , - _ 1 ~ Boca Ratan High Career Amdemy 20,401,322 20,401,322 - - _ ~ ' Boca Raton Hgh Sladlum Boca Raton High Swimming Pocl 10,515,571 3,311,548 10,515571 850,000 - -~- 2461,548 2,461,548 ~ s r •' Boymm~ Beach High Acadertry 10,630,590 10,630,590 - 7 0 0 750 000 i "~' Canal Point Eementary Brick Replacement 750,000 - 859 098 10 _ 50, 0 - , _ Carver Middle Additon 10,096,859 , , _ _ Carver Middle Care Add'dbn 1,500,000 - t 500 070 1,500,000 Choke Laka Elementary Pre-K 2,1 D1,529 2,101,529 _ " Citnu Cove Elementary AddlEOn Classroom Technology Pmjecls 14,022,535 16,500,000 14,022,535 1,500 000 15 000 000-. 7,500,000 7,500,000 - Covered Walkways 18,000,000 - 16000 000 X 76,000,000 ~ Crestwood Middle Classroom 8 Care AddiBon 14,047,942 1,808,510 12 239;437 12,239,432 ~..~~ ' Cypress TraBs Elementary Brick Replacement nt m i k R a B 750,000 000 750 - - 750.007. _. 7W,000 750,000 750,000 - - -~_~:~ r ep ce e c Del Prado Ekmerttary Ed Plant Survey 8 Facility Contlition Assessment , 1,978,600 1 50 000 48,60D - 1,93G,000. 250 000- 1 1,930,000 250 000 250,000 250,000 250.000 250.000 - _ Energy Conserva0on (Green) LEED Fulton Hdhnd Window Replacement ProJed , 2 7,788,357 7,448,357 , , . 320,070 , 320,000 i _ blades Central Hlgh Academy 8.895,217 8.985,217 1 H.L Johnson Eementary Additon 16,721,213 16,721,213 .. - 80 000 ~. ~:~ Indian Pines Elementary Pre-K 2,225,091 2,145,091 80,000_ , " ~ JF Kennedy Middb Athletic Fields 2,310,000 - -. 2,310,000 9 2,310,000 459 388 ; + "- , - ' -~,~ Jupiter Middle Classmam AddOWn 2,660,390 2,271 931 38 ,459: ~ , ., p ~ Jupiter Middle Scholl Renpvetlon 1,500,000 7,500.000 ~~ 1,500,000 '~ - Jupiter Old Elementary 8,635,601 8,635 601 714 7 ~ ~ _ - _ ` - - Lake Worth High Teacher Aodemy 677,714 , 67 - . Lake Worth Middle Addition 8,441,821 8,441 621 -. .. Wce WoAh Middle Care Additon 1,500,000 = 1500,000 7,500,000 Maintenance Compound (South) 6,000,000 9440 - _ _ ~ S,pp0,p00 Mainenance Compound (West) Maintenance Compound (West Central) 1,000,000 1,586,557 7 - 42 661 1 306 696 ' - 14 36fi 896 14 ~ 1;586,557 1 Manama Bamerttary Okeeheelee Middle Addltlort 15,809,35 9,319,112 7 3 0 ,4 9,319,112 340 1 078 , , " - , , ti'' " Olympic Heights High Teacher Academy 1,0 11, 4 , . _ - - i . Pahokee Elementary 2,452,683 988 3 817 2,452,683 . - 617 596 "3 3,817,988 Pahokee Hlgh Remwdding , , , r Pehokea Hlgh Stadium 13,223,423 13,223 a23 _ Palm Beach Lakes High Add'rGOn BAcadertry Rdocehbies and Modulars Purchase 14,521,190 5,500,000 14,521,790 2,500,000 - -- 3,()00.000. 1,000,000 1,000,000 1,000,000 Roosevdt Middle 10,892,896 10,892896 _ - 2'008 248 Sabel Pelm School Renovation 2,075,858 7,610 - : School Food Services BuDd-0ut 5,917,408 5,917 408 -. ~~ ~ - - - 3 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2010 - 2014 Prior to - FY P7 FY `F1' - -- 20 0 9 ' Total 2010 Pl~nl'ean _': 2010 2011 2012 2013 2014 16,-2 7 , Additons and Remodolin eontilnusd - Seminob Trails Elementary 13,964,012 73,964.012 4 0467 5 - - - , 2 Spanish River High Biotech Academy 4,520,487 - _ Spanish River HlgA Teacher Academy 1,096.000 1,096000 - Vglege Acadenry Bwldout 1,700,000 1,700 000 Vllbge Academy Secondary AddMlon 10,421,242 18,421,242 - - Wellingtnn Elementary Addition -- --_ _.,_ _. ,,,,. ....,, .,.... ,,.,,, .,..., ,.~„ Wellington High Aud'Rorfum Wellington High Veterinarian Apdemy Whispedrg Pines Elementary Whtpedng Pines Classroom and Coro AddMon _ Subtotal Additions Site Acquist0on Site Acquisition Subtotal Site Ae uti8on Debt Service Capital Contingency COP Lease Payments Commercial Paper Payments Repayment of RAN Subtotal Debt Service ToW Construction Non~Construetlon Maintenance ADA Athletic Faul~en and Pley6elds BWiding Fsvelope Maintenance Program (BEMP) Cwnty Wde Custodial Equipment Errvironmental Service Contracts Flre B Life Safety Systems Maintenance Projects Minor Proje~ Minor Projects - CSIR Project Minor ProJecLs - Pencing /Security Minor Pro)act - HVAC Projects Minor Prejacts -Playground Replecementlllpgrades Minor Projects -Storage Project Mirror Projects - TPoe 9 Gender Equity TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE Summary of Capital Improvement Program for Fiscal Years 2010 - 2014 or to - _ - - FY FY FY FY -'i:FY - Totad 2010 Plan Yeah 2010 2011 2012 2013 2014 -2(115 - 2019 "~ d M i t tl enance con nus a n Preventive Maintenance 4,986,580 2,079,600 2,906;9ti0 2,906,980 - Reloratahles -Leasing 109,200 54.600 54.600 54,600 Reloratahles - Rebra5on 7,700,638 4,818 400 2 882,238- 2,88238 -- Survivor's Fadll Lease 1881,882 847,081 -- 1,034,801 1,034,801 Subtoal MelnUnmu 126418066 28,899,152 197,519,903. 23174,847 17,119,802 17,721,401 18,94 324 20,561,430 Tramlars to General Fund _ _ - Charter Schools Capital Outlay 3,524,389 3,524,369 - 3,524,389 Maintenance of Equipment 4,968,002 4,968,002 ~ 4,988,002 I Maintenance d Facilities 29,84B,D81 - 29,849,081 ~ - 29,848,061 ~ - Technology Maintenance 29,805,971 29,805.971 29,805,971 3+ -~~ T` ~~ ~ Property and Flood Insurenrb 9,313,819 9.313,919 9,313,819 r ~ ~ , -~^ t Televiai0n Education Network 1.895,802 --~ 1;895, 902 1,895,802 Subtotal Transfea f0 t9eneral Fund 382,933,588 49,000,000 -333,933,588 79,357,064 58 622,667 60 682,700 64,863,4ti8 70,407 699 ~ - Tare rhtlon ' - School Buses andE ui nt 9,777,334 5,751,373 .-.4,025,901, 4,025,981 - Subtotal Transportation 22,692 689 5.751,373 - 16,941:196 4 026,961 2 974,089 3,078,669 S 290 668 3,571,940 _ ~ ~:- Technol Apple lntegratlon 40.000 - 40.000. 40,000 Campuler Assisted Fadlily Management (CAFM) 1,779,739 - , 1,779,739 ~ 1,779,739 _ ti ~ Computer Purchases lAdmin Rahesh 1,151,375 438,375 ~ 715;OW 715,000 ~ '. County Fiber Constructlon 1,700,000 500,000 -.1-,200.000 1,200,000 Disaster Recovery 972,W0 / 1,472,000 SOG.D00 500,000 - ObtrictServerRetresh , 581,645 100,000 461,845 461,845 .3{ ,i?; E-DLscovery 1,OD0,000 - ?,000000 1,000,000 Hardware! SOM~are Purchases H t I ti d 352,836 20 000 - - 35?,835 000 -:20 352,836 20 000 _ - , cn ea r epra Identity Management Suite , 431,000 - , 4.'.7,000. , 431,000 , 1.M1 _ - fi Secudry 50,000 - 50;000 50,000 y - ' Mainhame System Upgrade 1,OD0,1100 - 1,000 000 ao 1,000,000 9 aoo „ <~ Network operatlons cenEer 9s.0oo - o _ s5, 5. _ ' ~'r New SMools-Administrable TeMnohrgy 158,400 7fi,500 _ 81 900.. 81,900 0 -_ ` - PC Management SoRware 800,000 - _804000 ' 800,00 _ y r Projecf Management Olfip dSk EA11 R 282,651 55 000 203,398 - 79;253 .55 000 79,253 000 55 _ e y , 000 _ , 000 25 , 25 000 - RSA Expansion with Security ID Use 25, - , , y SAN Capacity Buildout 1,850,000 1,500 000 _~ -350.000 350,000 i -~' School LAN Switch Schod Network Moves-Adds-Changes 822,632 400,000 422,000 100,000 -. 400,632 -300,000 ~ 400,832 300,000 ''}~ School Web Cache Video Corderendr 284,000 291 597 - 191597 -284,000- ~_: 000 100 294,000 100,000 -- g WirelessSew' , 419,425 200000 , •? 219,425 219,425 Subtotal Technology 48,716,118 5,201 970 - 43,513 2a9 10 340,630 7,638,832 7907 265 8,462,039 9,174,482 :~ - COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT Capital Improvement Element Table RW-CIP Existing Reclaimed Water Capital Improvement Schedule SD #5 TABLE RW-CIP -RECLAIMED WATER CAPITAL IMPROVEMENT SCHEDULE city o Delray Beach CAPITAL IMPROVEMENT PROJECT DETAIL 2009 - 2013 DepartmentlDivision• ESDrAdministratlon New Project [ ] • EalsUnp Projee! [x ] Project Title' Reclaimed Water Transmiss'an System Project Start Date: Projad End De4: Project Location' Varrous alignments throughout the City Project Number Project DtascriptionlJustification Project Drawing, Photo, Design, Map Phased cortstrueUon of a reclaimed water transmission system to provide reclaimed water for irrigation to golf courses, schools, parks and resident'wl customers. M'Y U2fAlY - ryortn Hamcr Islantl Anan hC Avt [0 tkaea 11r1Arta 1(A). ICng7neGr/ng In U//Ua; Constraclion discounted by 5470,000 residual mllaverJrom rtrea 4 prolec!) FY 09110 -North Barrier Island Heaeb Dr. to George Bach B1vd.(Area 11B). FY 10!11-South Barrio Island AUnndc Are to Casuarina (Area l2A) FY l1l12 - Sontb Barrkr Island Casuarina to Linron Blvd (Area L2H) FY 12!13 - Rainberry Bay, High Pomt (Area ~ (Arta 7) Existing Project Update: Areas 1, 2, 3 and 4 transmi~ion neaios from the Reelaimerl Water Mastu Plan art complete. Fauna s of Deire , Ckarbrook Atiaotic HS conntcfians complete. EX t?nSeS FY 0&09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total . , lend Acquisition 000 20 135 000 235 000 232 700 - ~~ 700; ~ 8X1 EnglneeringlArehRect Designipreliminary Study 000 2 100 , 1 164 294 1 , 115 000 2 , 000 2 116 , 183 2 096 , , f' ~ ~ 9 t09 477;' Construction/BuildingslOther Improvements , , , , , , , , , , Equipment ~ Itapections FeesjOther FeeslCosts _ - ~ Public Arts Pro ramlCottUn en `"0 ;;~; ,; ..-.. ~..~` ':. TOTAL a~,?:2"100,000 . :`;1;304;294. .'•-.2,360,000 :x''2860;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'7 1,600,000 1,05494 1,880,000 1,880,000 2,282,883 8;697,17) State, !:cooly)' Grants (Federal 600,000 250,000 470,000 470,000 45,000 -- 1,735,Olttf , Special Revenue Funds i ~ Assessment District-Specie! Funding -' U BondlBank Financi /Other 0 ~" ~ ' ~ ``:TOTAL 21tl0 000 1304,294: ~- ' :2;350,000 ' '°~ 2,350 000' ?2327 803` " 10;432;177: lm act to O reU FY 08-09 FY 09-10 FY 10.11 FY 11-12 FY 12-13 Total Personnel 0 Maintenance/Other Operating 'r 0 0 Capital Outlay Revenues " 0 , :. _:.:. : ,, .: Net Fro acted lm act on O eraUona :- :.; 0 _' -_ ;.: ~:0 .„_ . 0 ,?.. ,..., : 0 .. ,: .:..'~ . 0. .: ~ . ; ' ,';.. 0' ' The Cash portion of the funding for this project is from the Water and Sewer New CapRal Fund (Fund Na 441). K the anticipated grants are not received, the Project Reserve of this fund, wh(eh is in excess of the projected grant funding for each respective year of the project, will be used. CI - 37 CITY OF DELRAY BEACH, FLORIDA PORT DOCUME Capital Improvement Element Table RW-CIP Updated Reclaimed Water Capital Improvement Schedule SD #6 .oo .oo .oo ,oa COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PORT DOCUMENT #7 Capital Improvement Element Existing General Fund Revenue and Expenditure 5-Year Forecast Table SD #7 GENERAL FUND REVENUE AND EXPENDITURE FIVE YEAR FORECAST BUDGET ESTIMATED ESTIMATED ESTIMATED ESTIMATEQ REVENUES (1} FY 08 FY 09 FY 10 FY 11 FY 12 AD VALOREM TAXES AD VALOREM TAXES - DEUNQUEN7 SALES AND USE TAXES FRANCHISE TAXES UTILITY TAXES OTHER TAXES SUB-TOTAL PRIOR YEAR SURPLUS PRIOR YEAR ENCUMBRANCES EXTRAORDINARY ITEM TOTAL REVENUES EXPENDITURES.. i2) GENERAL GOVERNMENT POLICE DEPARTMENT FIRE DEPARTMENT PLANNING AND ZONING COMMUNITY fMPROVEMENT ENGINEERING ENV SVC/PUBUC WORKS PARKS & RECREATION TRANSFERS GRANTS 8, MISC. EXPENSE DEBT SERVICE - G.O. DEBT SERVICE - UTIL TAX DEBT SERVICE -NON AD VALOREM REV DEBT SERVICE -LEASE PROPOSED D. S. -NON AD VALOREM PROPOSED (3) CONTINGENCY EXTRAORDINARY ITEM TOTAL EXPENDITURES 55,209,000 53,835,247 56,878,921 60,119,621 63,554,741 72,000 74,880 77,875 80,990 84,230 1,452,000 1,510,080 1,570,483 1,633,303 1,69$,635 5,839,520 5,865,101 6,099,705 6,343,693 6,597,441 4,369,000 4,543,760 4,725,510 4,914,531 5,111,112 3,900,000 4,056,000 4,218,240 4,386,970 4,562,448 4,657,900 4,844,216 5,037,985 5,239,504 5,449,084 7,296,675 7,588,542 7,892,084 8,207,767 8,536,078 7,009,770 7,290,161 7,581,767 7,885,038 8,200,439 844,4I~ $78,176 913,303 949,835 987,829 95.000 15,000 15.000 20,000 20,000 2,844,940 2,958,738 3,077,087 3,200,171 3,328,177 2,135,570 2,220,993 2,309,833 2,402,226 2,498,315 4,125,636 4,290,661 4,462,288 4,1140,779 4,826,411 99,651,411 99,971,555 104,860,081 110,024,427 115,454,939 1.523.545 330 480 - - - - - - - , 8.250.000 109 755 438 99 971,555 104,860,081 110,024,427 115,454,939 7,501,477 7,351,447 7,719,020 8,104,971 8,510,219 27,972,160 27,412,717 28,783,353 30,222,520 31,733,646 22,373,900 21,926,422 23,022,743 24,173,880 25,382,574 1,476,442 1,446,913 1,519,ZS9 1,595,222 1,674,983 3,366,316 3,298,990 3,463,939 3,637,136 3,818,993 680,096 688,494 899,819 734,810 771,550 3,506,580 3,436,448 3,608,271 3,788,684 3,978,119 12,667,566 12,414,215 13,034,925 14,186,672 15,396,005 11,478,130 11,248,567 11,810,996 12,401,546 13,021,623 2,734,015 2,679,335 2,813,301 2,953,967 3,101,665 3,588,400 3,587,980 3,576,620 3,576,540 3,573,840 2,586,640 2,181,540 1,207,610 1,201,660 1,195,900 1,156,110 1,726,980 1,333,440 1,335,330 1,345,400 387.570 350.000 350,D00 350.000 350.000 - - 1.300,000 1.300.000 1,300,000 30,034 241,507 616,786 461,490 300,422 8,250.000 - - - - 109,T55,d36 99,971,555 104,860,081 110,024,427 115x454,939 TOTAL INCREASE OVER THE PRIOR YEAR ~% 596 5% 59'0 ASSESSED VALUE -1000'S 8,692,385 8,201,560 8,365,591 8,532,903 8,703,561 OPERATING MiL1AGE - CURR 6.1449 6.4490 6.7070 6.9752 72542 DEBT MILEAGE -CURRENT 0.4334 0.4605 0.4500 0.4412 0.4322 DEBT MILEAGE -PROPOSED - - - - - ESTIMATED TOTAL. MILEAGE 6.5783 6.9095 7.1570 7.4164 7.6865 AD VAt.O?ZEC~i U~,:::i 55,209,000 53,835,247 56,878,921 60,119,621 63,554,741 (1) FY08 and FY09 Ad Vatarem Tax revenues are based on preliminary information provided by Patm Beach County. FY10 thru FY12 Ad Valorem revenues are based on a 2% inc:nease in Ore assessed valuation and a 44'° grnwlh economic factor. Non Ad Valorem revenues are projected at a 4% increase for FY09 thru FY12. (2) FY 09 Operating Expenditures are based on 98% of FY08 Budget far aI1 divisions; FY10 Operating Expendiiures are based ~ a 5% increase; FY11 thro FY 12 is based an a 5% increase plus an addi6anal 5500,000 in the Parks & Recxeatiai Budget to incorporate the staffrrg of the Family Community Center. Dept Service for all years is actual unless expressed as proposed. (3) Proposed Non Advalorem Debt Service is based on a proposed borrowing with a prindpal of 519,000,000, 25 year term, a rate of 5.0% issued in FY70 for the construction of a Family Recreation and Fihtess Center ($12,000,000), as well as the purchase of a Motorolla Radio System ($6,000,000} and a main frame server {$550,000). CI-12 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUME Capital Improvement Element Updated General Fund Revenue and Expenditure 5-Year Forecast Table SD #8 GENERAL FUND REVENUE AND EXPENDITURE FIVE YEAR FORECAST BUDGET ESTIMATED ESTIMATED ESTIMATED ESTIMATED REVENUES (1) (2) FY 10 FY 11 FY 12 FY 13 FY 14 AD VALOREM TAXES 52,078,456 46,416,548 46,371,008 47,660,539 47,816,052 AD VALOREM TAXES -DELINQUENT 164,544 260,000 266,500 273,163 279,992 SALES AND USE TAXES 1,300,000 1,357,420 1,391,356 1,426,139 1,461,793 FRANCHISE TAXES 5,290,900 5,298,020 5,430,471 5,566,232 5,705,388 UTILITY TAXES 5,007,960 5,109,000 5,236,725 5,367,643 5,501,834 OTHER TAXES 3,980,000 3,980,000 4,079,500 4,181,488 4,286,025 LICENSES/PERMITS 3,836,310 3,376,300 3,460,708 3,547,225 3,635,906 INTERGOVERNMENTAL 6,120,058 5,962,570 6,111,634 6,264,425 6,421,036 CHARGES FOR SERVICES 8,720,747 9,189,430 9,419,166 9,654,645 9,896,011 FINES & FORFEITURES 649,400 885,500 907,638 930,328 953,587 INTERFUND TRANSFERS 15,500 15,500 15,000 20,000 20,000 CONTRIBUTIONS FROM OTHER FUNDS 3,418,350 3,659,890 3,751,387 3,845,172 3,941,301 RECOVERY OF ADMINSTRATIVE COSTS 2,313,000 2,613,970 2,679,319 2,746,302 2,814,960 MISCELLANEOUS 2,852,630 2,930,580 3,003,845 3,078,941 3,155,914 SUB-TOTAL PRIOR YEAR SURPLUS PRIOR YEAR ENCUMBRANCES TOTAL REVENUES EXPENDITURES (3) GENERAL GOVERNMENT POLICE DEPARTMENT FIRE DEPARTMENT PLANNING AND ZONING COMMUNITY IMPROVEMENT ENGINEERING ENV SVC/PUBLIC WORKS PARKS 8 RECREATION TRANSFERS GRANTS 8 MISC. EXPENSE DEBT SERVICE - G.O. DEBT SERVICE - UTIL TAX DEBT SERVICE -NON AD VALOREM REV DEBT SERVICE -LEASE D. S. -NON AD VALOREM PROPOSED (4) CONTINGENCY TOTAL EXPENDITURES 95,747,855 91,054,728 92,124,255 94,562,243 95,889,797 621,210 73,411 125,000 - 164,339 308,862 - - - - 96,677,927 91,128,139 92,249,255 94,562,243 96,054,136 7,147,949 6,669,036 6,735,727 6,870,441 7,007,850 27,578,082 25,730,351 25,987,654 26,507,407 27,037,555 23,015,065 21,473,056 21,687,786 22,121,542 22,563,973 1,183, 830 1,104, 513 1,115, 559 1,137, 870 1,160,627 2,902,350 2,707,893 2,734,971 2,789,671 2,845,464 675,144 629,909 636,208 648,933 661,911 3,954,474 3,689,524 3,726,419 3,800,948 3,876,967 12,411,253 11, 579,699 11,695,496 12,179,406 12,922, 994 9,703,093 9,052,986 9,143,516 9,326,386 9,512,914 1, 854, 857 1, 730, 582 1, 747, 887 1, 782,845 1, 818,502 3,576,620 3,576,540 3,573,840 3,569,827 2,168,937 1,205,620 1,252, 500 1, 246, 500 1,245, 700 1, 294,900 1,364,450 1, 596,200 1,604, 750 1,605, 663 1, 572,542 82,300 185,350 185,350 189,057 189,000 - 150,000 425,000 695,000 1,420,000 22,840 2,591 91,548 TOTAL INCREASE OVER THE PRIOR YEAR -6% 1 % 3% 2% ASSESSED VALUE - 1000'S 7,010,118 6,271,870 5,644,683 5,729,353 5,843,940 OPERATING MILEAGE - CURR 7.1900 7.1900 7.9809 8.1006 8.2221 DEBT MILEAGE -CURRENT 0.5316 0.6003 0.6665 0.6559 0.3907 DEBT MILEAGE -PROPOSED - - - - - ESTIMATED TOTAL MILEAGE 7.7216 7.7903 8.6474 8.7565 8.6128 AD VALOREM TAXES 52,078,456 46,416,548 46,371,008 47,660,539 47,816,052 Assumptions: (1) Ad Valorem Revenues: a.) Assessed Valuations: FY10 and FY11 were provided by Palm Beach County. FY12, FY13 and FY14 assumed increases/decreases of (-10%), (1.5%) and (2%), respectively. b.) Millage economic growth factors for FY11 through FY 14 are as follows: FY11 (0%), FY12 (11 %), FY13 (1.5%) and FY14 (1.5%). (2) Non Ad Valorem Revenues: FY10 and FY11 reflects current projections. FY12 through FY13 assumes a 2.5% increase; FY 14 assumes a 3.5% increase. (3) Operating and Non Operating Expenses excluding debt: FY 10 reflects current projections. FY 11 through FY 14 assumes increases/decreases as follows: FY11 (-6.7%), FY12 (1%), FY13 (2%) and FY14 (2%). FY 13 and FY14 in the Parks & Recreation Budget includes $250,000 and $500,000 respectively, to incorporate the staffing of the Family Community Center. (4) Proposed Non Ad Valorem Debt Service is based on three borrowings: 1.) a principal amount of $7,050,000, a 20 year term, an interest rate of 4% issued in FY12 for the construction of a Family Recreation and Fitness Center ($6,000,000) and the Veteran's Park Project ($1,050,000) and 2.) a principal amount if $6,050,000, a 10 year term, and an interest rate of 4% for the purchase of a Motorolla Radio System ($6,000,000) and finance software ($500,000) and 3.) a principal amount of $640,000, a 5 year term, an interest rate of 5% issued in FY13 for the purchase of VMware Servers. COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA RT DOCUMENT #9 Capital Improvement Element Existing Pledgeable Revenue Matrix Table SD #9 CITY OF DELRAY BEACH PLEDGEABLE REVENUE MATRIX FYE 2007 REVENUES AVAILABLE FOR DE6T SERVICE AND COVERAGE REVENUES AVAILABLE FOR DEBT SERVICE (4) REVENUE DEBT CAPACITY OUTSTANDING DEBT UTILITIES TAX REVENUE BONDS WATER AND SEWER SERIES UNUSED REVENUE DEBT CAPACITY LOCAL LICENSES 1l2CENT G UARANTEED UTILITIES FRANCHISE OPTION AHD FINES AND SALES TAX EN TITLEMENT (11 TAX f2I TAX f31 GAS TAX PERMITS f51 F ORFEITURES t5) 4,735,171 362,478 8,222,943 5,069,318 1 438,613 d,35a,306 805,083 3,788,137 382,476 8,578,354 3,755,050 959,075 2,902,871 536,722 53,400,000 5,100,000 92,700,000 52,900,000 9,900,000 40,900,000 7,500,000 55,924,439 5,388,173 412,463 - 5,788,400 1,637,0( WATER AND TOTAL SEWER 24,987,910 12,211,038 16,882,686 10,175,865 282,400,000 143,000,000 55,924,439 43,oN,827 4,667,537 36,776,561 47,131,600 8,262,9E FOOTNOTES: (1) This ropreserrts the guaranteed entitlement portion of the State Revenue Sharing. (2) Consists of Utilities Taxes on the following utilities: electric, metered arM botlled gas and ttta CST. (3) Consists of Franchise fazes on the following utilities; eledric, and gas. (4) The Revenue Debt Capacity amounts arc calculated assuming the fdktwing coverage tadrxs, maturity amounts r t market conditions r . cur en (5) Typically used as backup pledges. ReYenue Corer yyra aae Factor I!~L41[14C Avarow COUOOn 1.10 25 years 5.00 112 CeM Salea Tax 125 25 years 5.00 Guaranteed Entitlement 1.Q0 25 years 5.00 Utllitles Service Tax 1.25 25 years 5.00 Frendlise Tax 1.35 25 years 5.00 Local Oation Gas Tex 1.50 15 years 500 Wafer and Sewer System 1.20 25 years 500 IJcenses and Permts 1.50 25 years 5.00 Cigarette Tax 1.75 15 years 5.00 Fines & Forfeil0nsa 1.50 25 years 5:00 CI-13 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #'~ Capital Improvement Element Updated Pledgeable Revenue Matrix Table SD #10 FYE 2009 REVENUES AVAILABLE FOR DEBT SERVICE AND COVERAGE REVENUES AVAILABLE FOR DEBT SERVICE (4) REVENUE DEBT CAPACITY OUTSTANDING DEBT UTILITIES TAX REVENUE BONDS WATER AND SEWER SERIES UNUSED REVENUE DEBT CAPACITY CITY OF DELRAY BEACH PLEDGEABLE REVENUE MATRIX LOCAL LICENSES 1/2 CENT GUARANTEED UTILITIES FRANCHISE OPTION AND FINES AND SALES TAX ENTITLEMENT 111 TAX (21 TAX (31 GAS TAX PERMITS (SI FORFEITURES (51 3,972,093 362,476 8,958,175 5,096,039 1,308,213 3,852,538 575,848 3,177,674 362,476 7,166,540 3,774,844 872,142 2,566,359 383,899 38,500,000 4,000,000 87,000,000 45,500,000 8,200,000 31,000,000 49,943,195 4,939,565 450,763 - 6,337,267 1,626,851 4,790,890 WATER AND TOTAL SEWER 24,125,382 15,109,152 18,305,933 12,590,960 4,500,000 218,700,000 143,000,000 49,943,195 716,106 18,861,441 50,146,953 33 560 435 3,549,237 37,066,805 39,162,733 6,573,149 26,209,110 3,783,894 149,895,364 92,853,047 FOOTNOTES: (1) This represents the guaranteed entitlement portion of the State Revenue Sharing. (2) Consists of Utilities Taxes on the following utilities: electric, metered and bottled gas and the CST. (3) Consists of Franchise taxes on the following utilities: electric, and gas. (4) The Revenue Debt Capacity amounts are plculated assuming the following coverage factors, maturity amounts and average coupons based on arrant market conditions. (5) Typically used as backup pledges. Revemw Coverage Factor MaWriN Average Coupon vws 1.10 25 years 5.00 112 Cent Sales Tax 1.25 25 years 5.00 Guaranteed Entitlement 1.00 25 years 5.00 Utilities Service Tax 1.25 25 years 5.00 Franchise Tax 1.35 25 years 5.00 Local Option Gas Tax 1.50 15 years 5.00 Water and Sewer System 1.20 25 years 5.00 Licenses and Permits 1.50 25 years 5.00 Cigarette Tax 1.75 15 years 5.00 Fines 6 Forfeitures 1.50 25 years 5.00 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA RT DOCUMENT Capital Improvement Element Existing Debt Summary Table SD #11 THE CTTY OF DELRAY BEACH DEBT SUMMARY Prinelpal as $15,020,000 Utilities Tax Bonds, Series 2002 8,730,000 Utilities Tax (3) $24,835,000 Utilites Tax Bonds, Series 2DD7 24,835,000 Utilities Tax (3) Sub-totak: 31,365,000 $10,000,000 Revenue Bonds, Series 2000 6,065,000 Non Ad vaorem Tax Revenues (4} $9,685,000 Revenue Bonds, Series 2003 8,515,000 Non Ad valorem Tax Revenues (4) 14,580,000 ENTERPRISE FUNDS: $28,104,475 Water and Sewer Refunding Bonds, Series 1993A and 19938 $15,030,000 Water/Scwcr Rev Bonds, Series 1997 $11,670,000 Water and Sewer Refunding Revenue Bonds, Series 2003 $7,000,D00 Water and Sewer Refunding Revenue Bonds, Series 2006A $2,350,000 Water and Sewer Refunding Revenue Bonds, Series 20088 $9,000,000 Water end Sewer Refunding Revenue Bonds, Series 2007 5,974,475 Net Revenues of the Combined Facility (5) 14,705,000 Net Revenues of the Combined Facility (5) 1,110,000 Net Revenues of the Combined Facility (5) 7,000,000 Net Revenues of the Combined Fadlity (5) 2,350,000 Net Revenues of the Combined Facility (5) 9,000,000 Net Revenues of the Combined FadNty (5) Sub-total: 40,139,475 Total Revenue Bond Debt: 88,084,475 FYE 2007 Maximum Annual Revenues 11)12) Debt Service 121 Coveraue (21 4,349,335 3,117,484 1.40 42,507,889 1,113,933 38.16 17,981,585 5,955,037 3.02 CI-14 Principal as of 9130! 7 Security Revenues 111121 GENERAL OBLIGATION DEBT 161: $15,665,000 G.O. Series 2002 11,025,000 Full fatth and credit of the City (6) Na Matures 2013 $14,000,000 G.O. Series 2004 12,955,000 Fuil faith and credit of the Clry (6) Na Matures 2024 $10,000,000 G.O. Series 2005 10,000,000 Fuli faith end credit of the City (6} Na Matures 2024 Total General Obligation Debt; 3~ 3,980,000 Foofiow: (1] Audited enaunts. (2) An Bonds aro on a parity lhereforo, the covereDe akulayona are booed on the raepedivs ambkne madmum annual debt service. (S) Tns Utilitba Tex b knposed on earn and every puniwae in the City of ebdridly, metered and bottbd yes and teleconxnunicatbns services. (4) Non Ad vabem revem»s are based on the Grog General Fund Revenue bee: Ad Vebram tax Revenue Wlbded, 8.7% of the Unroserved Balance, u wen as the highest year of lJblity Tax debt seMce. (~ The Net Revenues of 1M Combined Pubix; Uti6b include the revenues derived from the operation of the CYy'a Weler Syabm, exludes oonnectbn fees, bkrest expense, depredation and amordzanon expense. Spedai weesamenls and Impact charges are not pbdped for paymam of Debt Scrubs on the Gonda, however, the Cib may, by subaequanl proceedings of the Cny Commission ebd to pbdge apedel asaessmerds and impact charges for the payment of ~ Service. The Combined Pubne Utliky Revenues exclude connectbn teen totalnrq St,424,878. (~ Ths General Odlgatlon Bads aro obligatbns of the Cey for which ib full faith, aedn, end taxing power are 'arevo®DN Pledged end o„d debt service a paid from ad valorem taxes bvled on an taxabb property loafed In the Gly (exdudMy horrresUad exemptbns]. Revenues avaiiabb to pay deb service on Generel Obllgatlon Bolls ere based on the millage rete as approved by referendum antl arc equal to the annual debt service requvemerd of the Ronda. Maximum Annual Debt Service 121 Coverage (21 Na Na Na Na Na Na CI-15 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT #1 Capital Improvement Element Updated Debt Summary Table SD #12 THE CITY OF DELRAY BEACH DEBT SUMMARY Principal as of 9/30/09 Secur" GENERAL FUND: $15,020,000 Utilities Tax Bonds, Series 2002 3,235,000 Utilities Tax (3) $24,635,000 Utilities Tax Bonds, Series 2007 24,635,000 Utilities Tax (3) Sub-tote I: 27,870,000 $10,000,000 Revenue Bonds, Series 2000 5,260,000 Non Ad valorem Tax Revenues (4) $9,685,000 Revenue Bonds, Series 2003 7,320,000 Non Ad valorem Tax Revenues (4) $3,000,000 Revenue Bonds, Series 2008 (LOC) 3,000,000 Non Ad valorem Tax Revenues (4) 15,580,000 ENTERPRISE FUNDS: $28,104,475 Water and Sewer Refunding Bonds, Series 1993A and 19938 $15,030,000 Water/Sewer Rev Bonds, Series 1997 $7,000,000 Water and Sewer Refunding Revenue Bonds, Series 2006A $2,350,000 Water and Sewer Refunding Revenue Bonds, Series 20068 $9,000,000 Water and Sewer Refunding Revenue Bonds, Series 2007 5,974,475 Net Revenues of the Combined Facility (5) 7,695,000 Net Revenue: Facility (5) 6,770,000 Net Revenue: Facility (5) 2,105,000 Net Revenue: Facility (5) 8,810,000 Net Revenue: Facility (5) Sub-tots I: 31, 354,475 Total Revenue Bond Debt: 74,804,475 FYE 2007 Maximum Annual Revenues (11(2) Debt Service 121 Coverage 121 8,958,175 2,592,250 3.46 43,492,843 1,955,663 22.24 15,894,186 5,925,898 2.68 Principal as of 9/30/09 Secu ' Revenues (1)(21 GENERAL OBLIGATION DEBT (61: $15,685,000 G.O. Series 2002 7,655,000 Full faith and credit of the City (6) n/a Matures 2013 $14,000,000 G.O. Series 2004 11,810,000 Full faith and credit of the City (6) n/a Matures 2024 $10,000,000 G.O. Series 2005 10,000,000 Full faith and credit of the City (6) n/a Matures 2024 Total General Obligation Debt: 29,465,000 Footnotes: (1) Audited amounts. (2) All Bonds are on a parity therefore, the coverage calculations are based on the respective combine maximum annual debt service. (3) The Utilities Tax is imposed on each and every purchase in the City of electridty, metered and bottled gas and telewmmunications services. (4) Non Ad valorem revenues are based on the Gross General Fund Revenue less: Ad Valorem tax Revenue collected, 6.7% of the Unreserved Balance, as well as the highest year of Utility Tax debt service. An amount of $350,000 was estimated for the 2008 l;ne of Credit. (5) Tha Net Revenues of the Combined Public Utility include the revenues derived from the operation of the City's Water System, exludas connection fees, interest expense, depredation and amortization expense. Spedal assessments and impact charges are not pledged for payment of Debt Service on the Bonds, however, the Cily may, by subsequent proceedings of the City Commission elect to pledge spedal assessments and impact charges for the payment of Debt Service. The Combined Public Utility Revenues exclude connection fees totalling $235,998. (6) The General Obligation Bonds are obligations of the City for which its full faith, credit, and taxing power are irrevocably pledged and and debt service is paid from ad vaorem taxes levied on all taxable property located in the Cily (excluding homestead exemptions). Revenues available to pay debt service on General Obligation Bonds are based on the millage cafe as approved by referendum and are equal to the annual debt service requirement of the bonds. Maximum Annual Debt Service 121 Coverage 121 n/a n/a n/a n/a n/a n/a CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT #13 Proposed Lintco Development Overlay District Future Land Use Map SD #13 MD THE I GROVES GULF STREAM COMMERCIAL CEN LINTON TRUSS , LINTON RIDGE CONDO COUNTY SAN1 TA T10N SOUTNRIDGE `''r ~~c VILLAGE 3 ~ COND~D ~' OUTNRID ~ ~ CONDO L I N T O N LlNTON INTERNATJONAL PLAZA LAKEVlEW APARTMENTS MD FALL RIDGE MD OF DELRAY SECURITY SELF STORAGE CMR B O U L E V A R D ~ > w ~ ~~ DELRAY INDUSTRIAL PARK /ND ~~R F LID WA5TE ANSFER TA TION THE VlNINGS MILLER FIELD ONE LINTON BLVD. ' N PROPOSED LINTCO DEVELOPMENT OVERLAY DISTRICT -¢.;` - +~ PLANNING AND ZONING FUTURE LAND USE MAP __ _ y .~-~ ~ DEPARTMENT ~~ PROPOSED OVERLAY DISTRICT -- DtC?AL 84S£ AGfP SI'STEk -- MAP REF. S:\Plaming ~ Zoning\DBMS\Fds-Cob\Z-Lll 1000-1500\UA7197E_F1Owr nn+endnmt a untco DeMOprrNnc COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT #1 Traffic Impact Analysis for Lintco Development Kimley-Horn and Associates, Inc. June 2010 SD #14 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA UPPORT DOCVMENT # Proposed Waterford Overlay District Future Land Use Map SD #15 FORD DODGE VILLAGE 3 MAROONE CONDCL ~D "' a ~ NISSAN M B O U L E V A R D L I N TON D OUTBACK LINTON l N7F W Q 9 5 CIRCUIT a ROSS a1 V CITY uvER's ~O P . ~ ~~ LAKEVI P ''' ~~ APARTME ~'. ~ o p MD -< ` TARGET 1 ~ ~' X O h THE HOME MU DEPOT e~~ d~ ~~ ~s ~G~ RS OS 3 D L Y ~yo Q ~~ Z TRN 3r m r~ ROB O WATERFORD APARTMENTS W 0 ~ CUR LEW 0 AuoueoN eLw. LAKE DELRAY /~/ CM APARTMENTS FULMAR ORS ~~ ~~„ o N PROPOSED FUTURE LAND USE MAP AMENDMENT '~ -WATERFORD - ° ~,r PLANNING AND ZONING _- - __ DEPARTMENT • Rte, ; ; PROPOSED OVERLAY DISTRICT __ /,yC~,u, g,« ,Mqp ,5ys~y __ MAP REF: 5:\Pbnninq k Zonirg\DBMS\Fb-Cab\Z-LM 1000-1500\L1A1197C~WM Amendment of Waterford COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #16 Traffic Impact Analysis for Waterford Kimley-Horn and Associates, Inc. July 2010 SD #16 COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DI ENT Marketplace at Delray Annexation, FLUM Amendment and Rezoning Staff Report SD #17 FUTURE LAND USE MAP AMENDMENT ~l- ~ _~ MARKETPLACE AT DELRAY >~=~~ . PUNNING AND ZONING ~ CHANGE FROM COUNTY CH/8 (COMMERCIAL HIGH MATH AN UNDERLI1NG RESIDENTIAL OF 8 UNITS • _~_~-% DEPARTMENT PER ACRE) TO CITY GC (GENERAL COMMERCAL) _ ~ FOUR CORNERS AREA ~ i i ~ i i ~ i i ~ i i ~ i i ~ CITY MUNICIPAL BOUNDARY -- D/C/TAL RASE A/AP SYS7Z-M -- MAP REF: S:\Plonning do Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1190_FLUM Amendment of Marketplace of Delray PLANNING AND ZONING BARD CITY 4F DELRAY BEACH ---STAFF REPORT--- MEETING DATE:. July f9, 2010 AGENDA {TEM: lu~~. A City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) on the Palm Beach County Comprehensive Plan to City GC (General Commercial) and rezoning from County CG (General Commercial) to City PC (Planned Commercial) fora 30.26 acre site for the Marketplace of Delray, an existing shopping Center located at the northwest comer of West Atlantic Avenue and Military Trail. GENERAL DATA: Owner ............................................. Agent .............................................. Location .............................................. Property Size ...................................... Existing County PLUM Designation.... Proposed City PLUM Designation....... Existing County Zoning ....................... Proposed City Zoning ......................... Adjacent Zoning ..................... North: RLV Marketplace LP. City of Delray Beach. Northwest comer of West Atlantic Avenue and Military Trail. 0 East: South: West: Existing Land Use .............................. Proposed Land Use ............................ Water Service ..................................... Sewer Service ..................................... 30.26 acres. CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac). GC (General Commercial). CG (General Commercial) PC (Planned Commercial) RM (Medium Density Residential) and NC {Neighborhood Commercial) PC (Planned Commercial PC (Planned Commercial) County CH-8 (Commercial High with an underlying High Density Residential, 8 dulac) The Marketplace of Delray, an existing shopping Center. Same. Water service is available via connection to a 12' water main located along Military Trail and West Atlantic Avenue. Water service is available .via an 8" sewage main located ' along the perimeter of the site and a lift station located on the north side of the Lake Worth District Drainage (LWDD) canal. I V,~ L~ ITEM. BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying Residential density of 8 units per acre) to City GC (General Commercial), and rezoning from County GC (General Commercial) to City PC (Planned Commercial) for an approximate 30.26 acre site for "The Marketplace of Delray", an existing shopping Center with outparcels. The subject property is located at northwest corner of West Atlantic Avenue and Military Trail (see location map and table attached). Pursuant to Land Development Regulations (LDR) Section 2.2.2(E)(6), the Local Planning Agency (Planning i3< Zoning Board) shall review and make a recommendation to the City Commission with respect to annexation, PLUM amendment, and Rezoning of any property within the City. BACKGROUND/PROJECT DESCRIPTION.;;: The property under consideration is a 30.26 shopping center with several outparcels which was constructed between 1980 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd (then owners of the subject property) and the City of Delray Beach was executed for approximately 28 acres of the subject property. The 1980 Water Service Agreement did not include the voluntary annexation clause nor did it include same of the outparcels. In August of 2000, the Marketplace of Delray, Inc., requested seven additional water connections for newly converted retail space. As there was an urgency to open the new businesses, the City Commission approved a temporary water service agreement on November 7, 2000, to allow the applicant to provide service to the new tenants, with the understanding that a new water service agreement would be executed. On June 18, 2002, the Water Service Agreement was modified to include the entire shopping center and all outparcels. The water service agreement included the consent for future annexation and assessment of a storm water assessment fee. The agreement states, "unless the customer agrees to an earlier date, the City agrees not to approve an annexation ordinance under this agreement until January 15, 2010." The current property owner has been notified of the proposed annexation proceedings. The property is bordered to the north by the LWDD L-33 Canal and the Fountains of Delray Apartments and Fountain Center; to the east by Delray Square Shopping Center; to the west by Carnival Flea Market and High Point of Defray West; and to the south by Pines West Plaza. The subject property is located within the "Four Comers° overlay district at the intersection of West Atlantic Avenue and Military Trail. The subject property is under the jurisdiction of Palm Beach County, but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "D°, as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City's advisory PLUM designation for the property is GC (General Commercial). The proposed PLUM amendment to implement the advisory designation and annexation (pursuant to the referenced Agreement for Water Service) with initial zoning of PC (Planned Commercial) were initiated by the City Commission on July 6, 2010, and are now before the Board for action. FUTURE LAND USE MAP AMENDMENT ~ANALY.SI$ Current Land Use Designation: The current land use map designation for the Marketplace of Delray is County CH-8 (Commercial High with an underlying Residential density of 8 units per acre). The current City "advisory" designation is GC (General Commercial). The City's PLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning Requested Land Use Designation: The requested Future Land Use Map Designation is GC (General Commercial), CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The properties to be annexed are located within designated Annexation Area "D" on the west side of Military Trail, north of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Land Use Analysis: Consistent Between the Ci and County Land Use Designations: The proposed City Future Land Use Map Designation for the property is GC (General Commercial). The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an underlying Residential of 8 units per acre). The City's GC Future Land Use Map Designation is consistent with the existing County CH-8 designation in that the city's description of the General Commercial designation states, "This designation is applied to land which is, or should be, developed for general commercial ~, n purposes e.g. retail, office, services . It is further stated, Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a standalone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Comers Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units". Similarly to the County's CH-8 designation, the City's GC designation allows for mixed-use development with general commercial and residential uses. Adjacent Future Land Use Map Designations. Zoning Designations and Land Uses: The following zoning designations and uses abut the subject properties: FLUM Desi nation Zonin Disthrict Use MD (Medium Density RM (Medium Density Residential} Fountains at Delray Beach North: Residenfiai 5-12 du/ac) and and Apartments TRN (Transitional) NC {Neighborhood Commercial) Fountain Center South: GC General Commercial PC Planned Commercial Pines West Plaza East: GC (General Commercial) PC (Planned Commercial) Delray Square Plaza CH-8 (Commercial High with High Point of Delray West and WesL• an underlying Residential GC {General Commercial) Carnival Flea Market density of 8 units per acre) 2 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendmenk, and Rezoning The proposed FLUM designation and rezoning of the subject properties will maintain consistency and compatibility with the adjacent development patterns. Allowable Land Uses: Under the proposed General Commercial (GC) Land Use Map designation, commercial zoning districts which accommodate shopping center developments are allowed. The proposed zoning of PC is consistent with the proposed GC FLUM designation and compatible with the adjacent developments to the west, south and east. REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ^ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A} (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Planned Commercial (GC) zoning district is consistent with the proposed GC (General Commercial) FLUM designation. Retail and other commercial activities established on large sites in a well planned, functional, and aesthetically pleasing manner are allowed in the Planned Commercial (PC} zoning district as a permitted use. Based on the above, positive findings can be made with respect to FLUM consistency. ^ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The proposal involves amending the FLUM designation from Palm Beach County CH-8 {Commercial High with an underlying high Residential, 8 du/ac} to City GC (General Commercial) and rezoning from County GC (General Commercial} to City PC (Planned Commercial} for an approximately 30.26 acres site for The Market Place of Delray, an existing shopping Center with outparcels. Since the City's advisory FLUM designation of GC, as shown on the existing Future Land Use Map, has been in place since 1990, this amendment is just an implementation of current comprehensive plan policies and there is no change in development potential. However, a general description of Concurrency findings with respect to Police, Solid Waste, Traffic and Water and Sewer are discussed below: Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County area. The property is within Sheriff Patrol zone 7. 3 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day}. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a result, response time will be significantly improved upon annexation. Annexation will not require additional manpower since the police currently patrol in close proximity to these parcels. Fire and Emergency_Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road). Wafer: Municipal water service is available via connection to a 12" water main located along Military Trail and West Atlantic Avenue. Ten fire hydrants are spread out through the property including one fire hydrant the east side of Military and another one the south side of West Atlantic Avenue. The City's Utilities Department has indicated that treatment capacity is available at the City's Water Treatment Plant at build-out. Sewer: Sewer service is available via an 8" sewer main located along the perimeter of the site and a lift station located on the north side of the Lake Worth District Drainage (LWDD) canal. The City's Utilities Department has indicated that treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The subject properties can be accessed via West Atlantic Avenue and from Military Trail. West Atlantic Avenue and Military Trail are under the jurisdiction of Palm Beach County and the jurisdictional responsibility and the associated maintenance of West Atlantic Avenue and Military Trail will not change upon annexation. Based upon the above a positive finding with respect to traffic concurrency can be made. Solid Waste: The Marketplace of Delray shopping plaza has nine retail/commercial establishments including eight outside parcels and one large internal parcel. Therefore, the subject property will have a relatively important impact on this level of service standard. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change with annexation, as described later in this report. ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the 4 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of an unincorporated property and requires changing the FLUM designation from County to City. Since the City's advisory FLUM designation is being being applied to the property in association with the annexation, the demonstrated need does not apply. Future Land Use Element Objective A-?: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical consideraSons; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. The current County FLUM designation is CH-8 (Commercial High with an underlying High Residential, 8 unitslacre) and the proposed City designation is GC (General Commercial). It is noted that the proposed PC (Planned Commercial) zoning designation would allow commerciaVretail developments as does the county zoning designation of CH-8 (Commercial High with an underlying High Residential, 8 units/acre). It is also noted that the proposed GC (General Commercial) FLUM designation is compatible with the existing developments to the south, Delray Commons and Points West Shopping Plaza; to the east, Hess Gas Station, Walgreens, and Delray Square Shopping Plaza; and to the west, Carnival Flea Market of Delray. It is also compatible existing Fountains at Delray Beach Apartment complex and the small retail center to the north. Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted above, compatibility has been identified under Future Land Use Element Objective A-1. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The current development for The Marketplace of Delray was processed both through the County and the C+ty for consistency with the LDRs as part of the water service agreement process. Any future development of the subject property will be submitted to the site plan review process and will be reviewed for compliance with the LDRs. At this time, no issues have been identified which would prohibit compliance with the requirements of the proposed PC (Planned Commercial) zoning district for the Marketplace of Delray development. _. _ _ . . ;, ;. -ANNEXATION .`!ANALYSIS' - Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 `the owner or owners of rea! properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing ,~ body of said municipality that said property be annexed to the municipality . Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". 5 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning As noted throughout the report, the Marketplace Development is a voluntary annexation which is consented to through an executed water service agreement. Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and limits annexation by Interlocal Agreement to enclaves of ten (10} acres or less in size. Financial Impacts: Effect upon Annexed Property: the following table depicts the current assessed value and total {County) taxes for the subject property: THE MARKETPLACE OF DE LRAY ; i I ~ i ~ i ~ i PCN . TAXABLE VALUE 2009 PBC ADVAL. TAXES PBC NON- ADVAL. TAXES TOTAL PBC TAXES PBC COUNT Y MILL. ADVAL. CITY OF DELRAY ' TAXES NON ADVAL. CITY OF DELRAY Z.AXES CITY OF DELRAY BEACH MILEAGE TOTAL CITY OF DELRAY TAXES IFFERENCE 1 I , t i i ' i 4246'F40000050U V,000,000.0 323,811.OO 97,355.00 421,166.00 19.0477 386,909.78 18,701 22.7594 405,610.42 -15,555.58 424614000005500 1277,'IiLO 24,326.00 4,256.00 28,582.00 ~p.0477 29,066.30 18,701 22.7594 47,766.94 19,184.94 42g6}y00000S,51D 11>3,6sa.o 21,213.00 911.00 22,124.00 19,0477 25,346.19 18,701 22.7594 44,046.83 21,922.83 az46'14000005520 1,522,447.0 28,999.00 910.00 29,909.00 19.0477 34,649.98 18,701 22.7594 53,350.62 23,441.62 424614000005530 1064.524.0 20,277.00 5,846.00 26,123.00 'D.o477 24,227.93 18,701 22.7594 42,928.57 16,805 57 424610000005540 '42?1,770.0 23,196.00 873.00 24,069.00 19.0477 27,715.71 18,701 22.7594 46,416.35 22,347.35 424619000005550 1¢'7,665.0 21,479.00 262.00 21,741.00 19.0477 25,664.98 18,701 22.7594 44,365.62 22,624 s~~ 424611000005560 719,219.0 13,699.00 4,210.00 17,909.00 19.0477 16,368.97 18,701 22.7594 35,069.61 17,160.6 4246140000oss7o 845,654.0 16,108.00 4,689.00 20,797.00 19.0477 19,246.58 18,701 22.7594 37,947.22 17,150.22 SUB-TOTAL 2b,886,048.0 5493,'b8.00 5119.31;1.00 5612,420.00 19.0477 5589 196.41 `168,306 22.7594 f7i7,so2.16 b145,082.16 For the 2009 tax year, the subject property had an assessed value of $25,888,048.00. With the change from County to City jurisdiction, the following taxes and rates~will be affected: THE MARKETPLACE OF DELRAY ~AD~(A~,~.' Ft~t'1fl~ ~~ ~ r' ~~,f<~x,.rrn ~, t ; ~ ,Yf „T,A~S,~,s~'+~"' +~,~! < _ Y `COtU~IT~3~' x t ~ r., .,;~ TA2CES„~ ~ COiUNTY i .MILEAGE; , • _: WITH. ~'~ ANNEXATION CIXY: TAXES ~ ~•;,CITY '.~ MILEAGE' Fire/Rescue MSTU 89,523.46 3.45810005 DELETE 0.00 0.000000 Palm Beach Coun Lib. 12,866.36 0.49700001 DELETE 0.00 0.000000 Patm Beach Co.Lib.Debt 1,418.67 0.05480019 DELETE 0.00 0.000000 Florida Inland Nave anon 893.13 0.03449970 893.13 0.034500 Health Care District 29,644.41 1.14510024 29,644.41 1.145100 Palm Beach Count 112,457.67 4.34399959 112,457.67 4.344000 Palm Beach County Debt 5,628.06 0.21739994 5,628.06 0.217400 Children Service Council 17,857.57 D.68979979 17,857.57 0.689800 Public Schools Loc.Board 64,668.35 2.49800000 64,668.35 2.49800000 Public Schools State Law 141,995.93 5.48500000 141,995.93 5.48500000 SFWMD District 13,839.74 0.53459960 13,839.74 0.534600 SFWMD Everglades Connt. 2,314.39 0.08939994 2,314.39 0.089400 Ci of Delra Beach Added C' 186,135.07 7.190000 Ci of Delra Beach Debt Added Ci ) 13,762.09 0.531600 SUB-TOTAL X493,108 19.0477 Difference' $589,196 22.7594 3.7117 6 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning * Total tax millage in the county is 19.0477 mills. If annexed into the City, the total millage would be 22.7594 mills, a difference of 3.7117 mills. The current yearly ad valorem and non ad valorem taxes are $612,420. With annexation, the yearly ad valorem taxes will increase to $757,502.16 (612,420+145,082.16=757,502.16); a tax difference of $145,082.16. In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the structures, buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% may be available if drainage is retained on site. Solid Waste Authority -This annexation area is serviced under a contract with Waste Management. The City's solid waste removal contract is also through Waste Management. Pursuant tv Florida Statute 171.062 (4)(a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. The Marketplace of Delray property is currently providing a solid waste disposal fee to the County. After annexation, an assessment fee of approximately $4,477 per year for this service will be paid to the City. Fiscal Impacts: As shown on the above table, annexation into the City, would generate an additional $145,082.16 in ad valorem taxes per year from this property. With future redevelopment, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee, as well as utility taxes (9.5°~ electric, 7% telephone) and franchise fees on electric, telephone, and cable. As shown on the Table below, the total fiscal impact to the City is approximately $214,120.17. 7 ~~} '~>'K t c-^ fps s .x# c. tx~~ti~a~/~~; ,5t]MMAItY OF,IIVIPAGTS!dN'THE RT3rJR~~taTY ,,,,;~ , I.,, ,'„ F. ,~.~ Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning ,.. .., ~ `` ~.~~. s :: ° ,. ~~.,F1S,CA4IMPACT TO.THE!CITY ~ "°~ ~. ~.::~. ~ ;: AD VALOREM TAXES 2010 City of Delray Beach 7.1900 Mills Ci of Delra Beach Debt 0.5316 Mills $186,135.07 $13,762.09 SUB-TOTAL $199,897.15 'NON-AD VALOREM TAXES Storm Water Assessment $14,223.02 SUB-TOTAL $214,120.17 PARK AND RECREATION IMPACT FEE $500 er unit $0.00 TOTAL $21 x,120.17 .::ZONING :ANALYSIS - - ~~~ ,~ ~ ,~ Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDRs were previously discussed under the nFufurt; Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below for each property. The proposed City zoning designation is PC (Planned Commercial) while the current County zoning designation is CG (General Commercial). The surrounding zoning designations are: PC (Planned Commercial) to the east and south; RM (Medium Density Residential) and NC (Neighborhood Commercial) to the north; and County GC (General Commercial) to the west. Section 3.2.2 (Standards for Rezoning Actionsl: standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern, as the property currently contains a shopping center, which has existed at this location since 1980. The initial PC (Planned Commercial) zoning designation will accommodate the existing shopping center as a permitted use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of such future developments. Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; 8 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The property is developed and the existing development is allowed under the proposed PC zoning district. As stated above, the project is located within the "Four Corners Overlay District'. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily relate to landscape and perimeter buffer deficiencies. Any future development or redevelopment will be required to comply with the Land Development Regulations. In addition to the above, buildings within the "Four Corners Overlay District' require a minimum floor area of 4,000 sq. ft. per building. Based upon the site plan approved through the County, three (3) outparcel buildings have been constructed with floor areas less than 4,000 sq. ft. The existing structures are considered nonconforming and can continue. However, should a site plan modification be requested, the building square footages cannot be decreased. Finally, it is noted that a "gasoline station" is not an allowed use within the Four Corners Overlay District. The existing gasoline station will be classified as an existing non-conforming use and thus subject to the regulations pertaining to non-conforming uses contain in Article 1.3 of the Land Development Regulations. Items "b" and "c" are the basis for which the rezoning should be granted. The properties are in the unincorporated area of Palm Beach County. However, they are also within the City of Delray Beach future annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and existing County CH-8 land use designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (5). ., , _. . .: ~ -12EVIEW BY,'QTHERS The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 10, 2010, Palm Beach County Administrator and Palm Beach County Planning Division were notified of the City's intent to annex this property. The County has responded that it has no objections to the proposed annexation. IPARC Notice: Notice of the Future Land Use Amendment has ~ also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Lake Worth Drainage District: On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property. Lake Worth Drainage District has submitted a letter stating that they do not have any objections to the proposed annexation. 9 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Neighborhood Advisory Council High Point of Delray West PROD (Progressive Residents of Delray) Sunset Pines Coconut Key HOA Highland Trailer Co. Public Nofice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND'CONCLUSION f: Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. For the Marketplace of Delray property, the City's advisory GC {General Commercial)) Land Use Map Designation is consistent with the County's CH-8 (Commercial High with an underlying High Residential, 8 units per acre) designation in that it is compatible with the existing land use designations and the adjacent development pattem of the adjacent development. This Future Land Use Map designation is being proposed concurrently with a request for initial zoning of PC (Planned Commercial) District which is also compatible with the surrounding development pattem. The annexation will provide better Police, Fire, EMS and Code Enforcement services than under County jurisdiction. The properties will experience an increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. ALTERNATIVE:ACTIONS :~ 4"' ~ :- A. Continue with direction. B. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map {FLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County GC (General Commercial) to City GC (General Commercial) fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center, located at the northwest comer of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5{D) {5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map {FLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac) to City GC {General Commercial) and rezoning from County GC (General Commercial) to City GC {General Commercial) fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center located at the northwest comer of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and 10 Planning and Zoning Board Meeting of July 19, 2010 Staff Report The Marketplace -Annexation, FLUM Amendment, and Rezoning finding that the requests is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. ~. RECOMMENDED ACTION . D. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation, Future Land Use Map (FLUM) Amendment from Palm Beach County CH-8 (Commercial High with an underlying High Density Residential, 8 du/ac} to City GC (General Commercial} and rezoning from County GC (General Commercial} to City GC (General Commercial} fora 30.26 acres site for the Marketplace of Delray, an existing shopping Center located at the northwest comer of West Atlantic Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5}, 3.1.1 and 3.2.2 of the Land Development Regulations. Staff Report Prepared by: Jasmin Allen and Estelio Breto Attachments: Location Map, Future Land Use Map and Zoning Map 11 N sua,~cr PaoPERTr MARKETPLACE OF DELRAY ~` PLANNING AND ZONING DEPARTMENT yet~~' LOCATION MAP -- O1G?AL BIS£ ANP SY57£Al -- MPP REF: 5:\Plonn'rng k Zoning\DBIAS\Flk-Cab\Z-UI 1001-1500\1N1190ILMarketPb~e of Dehoy FUTURE LAND USE MAP AMENDMENT N ~_ MARKETPLACE AT DELRAY PLANNING AND ZONING ~ CHANGE FROM COUNTY CH/8 (COMMERCIAL HIGH WITH AN UNDERLYING RESIDENTIAL OF B UNITS OEPARTAIENr PfJZ ACRE) TO CITY GC (GENERAL COMMERCIAL) Q FOUR CORNERS AREA . n ~ r I ~ n ~ u ~ u r CITY MUNICIPAL BOUNDARY -- DlC?AL BASE M4P SYSTEA/ -- AIAP RFF: 5:\Planninq 8 Zonlnq\D6N5\flk-Cob\Z-LM 1OU1-150U\LM719O~LUM Amendmari of Morketplxe of Oelroy Y Y N.1k SRD 5. ~^ SAD C a C r 3 } N ° R ~ ~ A 4 NC ~``~. ~ -' - ~ .N ~-. _-.. - ~~ ~: T ~. -_ --, . ~'~ ` .. ~: _ - N ' I - .~G ~` - - C P ~~ ~~ \ ~ ~'` AVENUE .r;. _ - - ~ - - - - - - -- - POC ~ _ ~i:~. JEiFfRSDR ROAD ~ s 8 ~ ` 0 ~ UNCOLH ROAD [STATES DRIVE A R D ~~ C WDOO O V CIRQE A IN A -- D/G/TAL B45£ MAP SYSTfAI -- AWP REF: S:\Plonning do Zoninq\DBMS\File-Cab\Z-LA1 1001-1500\LMt190810NING MDrlcelpla~e of Delray '_ ~-~ ~_ REZONING MARKETPLACE AT DELRAY PuNNiNG ANO zoNa~c t_: CHANGE FROM COUNTY CG (GENERAL COMMERCIAL) TO CITY GC (GENERAL COMMERCIAL) DEPARTMENT Q FOUR CORNERS AREA ~ II ~ i s i; s ®~, ~ CITY MUNICIPAL BOUNDARY CITY OF DELRAY BEACH, FLORIDA ' PPORT DO ENT Breezy Acres Annexation, FLUM Amendment and Rezoning Staff Report SD #18 J S TRAILS °~ Q END ~ ~ PLAZA ~ l7 D! ~ F- GC K.F. C. •° .: ~: ' ~, .:~:. ~' r • ',`'~ ~ k" ;AfARKFfiPI-14CE 2 .~' '~' .~4 _ _ ~. ~~' • Q ..r. AY' "~.~ , _ ; _ •• ~~• , .A INCr' 'EI ~' ' . r L " ~ Vii. .i:;. ~ .~ n~r~,~ ~ca,r ~ 'FNiSF' ; ::r1ESr~R~'~ :a1Nl~' - ' ~:. •... . ATLANTI ~^ i Il SUN •;ti ~~' •.... _.. , ,.i. BANK , N _ , ~'~,` `: ; .: OE(R.AY; _ `..~.. Lor-s ~. ~ ~ - _ .; LOT-6 ~~ - ~ •~r ' ,j `" > r LdT-i ` y ~ FFERSON ROAD ' i _ Q U F -- ~ - o ~ ~ 2 ' Q ~ ::: - ° s .:_: o '•..:JA V E N U E O~ ~~ ~}v o FUTURE LAND USE MAP AMENDMENT N ' ~- BREEZY ACRES LOTS - 5,6,7 ~ ks° PUNNING AND ZONING CHANGE FROM COUNTY MR-5 (MEDIUM RESIDENTIAL DENSITY, 5 UNITS PER ACRE) TO CITY ~ \ DEPARTMENT Lp (RESIDENTIAL LOW DENSITY 0-5 DU/AC) FOUR CORNERS AREA ~ i i ~ i ~ ~ i ~ i i ~ i ~ ~ CITY MUNICIPAL BOUNDARY -- OK,/TAL B1SE ,WP 57'S7FM -- MAP REF: S\Planning R ZonUg\DBMS\FlI~-Cab\Z-LIA 1001-1500\LM1191~LUM Nnandm~nt of Brssry Aerw Lob PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: august ~e, zoo AGENDA ITEM: ~v.n.z,i. A City-initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment from County MR-5 (Medium Residential 5 du/ac} to City LD (tow Density 0-5 du/ac) and rezoning from County AR (Agricultural Residential} to City R-1-AAA (Single Family Residential) fora 2.49-acre site consisting of Lots 5, 6, and 7 of the Breezy Acres subdivision. GENERAL DATA: Owners ................................. Location .............................................. Property Srze ...................................... Existing County FLUM Designation.... Proposed City FLUM Designation......, Existing County Zoning ....................... Proposed City Zoning ......................... Adjacenf Zoning ..................... North: East: South: West: Existing Land Use .............................. Proposed Land Use ............................ Water Service ..................................... Sewer Service ..................................... Mosen and Parnia Eteshami Michael and Evelyn Pacheco Ian and Andrea Yap East side of Markland Lane approximately 491' south of West Atlantic Avenue 2.49 Acres (Lots 5, 6, and 7) MR-5 (Medium Residential 0-5 du/ac) LD (Low Density Residentiaq AR (Agricultural Residential} R-1-AAA (Single Family Residential) POC Planned Office Center} RM-8 (Medium Density Residential 8 du/acre) County AR (Agricultural Residential) County NR-12 (High Density Residential) Single family residences. Same Water service is available along West Atlantic Ave. 8 Markland Lane There is no sewer service for Breery Acres. A City sewer lift station exist on the commercial parcel at the northeast comer of Marklane and West Atlantic Avenue. '~a o~ ,~.~.~ miuY 8.~,~ IV.A.2.i. _ . . -__ - _ .... __ _ - _. ~ ITEM BEFORE:THE-BOARD - ~ --- - . _. The action before the Board is that of making a recommendation to the City Commission on a City-initiated Annexation, Future Land Use Map (PLUM} amendment from County MR-5 (Medium Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac} and rezoning from County AR (Agricultural Residential} to City R-1-AAA (Single Family Residential) fora 2.49 acre site consisting of Lots 5, 6, and 7 of the Breery Acres subdivision, located on the east side of Markland Lane approximately 491' south of West Atlantic Avenue (see location map and table attached}. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to annexation, PLUM amendment and Rezoning of any property within the City. --- - - - - - -BACKGROUND)PROJECT,DESGRIP-TION ~ - ~- ~ ' The property under consideration consists of approximately 2.49 acres and encompasses three (3) parcels. The properties contain single family residences, each lot measuring approximately 0.83 acres. Agreements for Water Service, which contain a voluntary annexation clause, were executed for the subject properties. Section 7 of the Agreement for Water Service states: "The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto." Subsequent to the execution of the agreement, water service was installed. Since these agreements were executed one of the lots was sold and the new owners may oppose annexation. However, the agreement and its voluntary annexation program runs with the land and is binding on all successors. The following table provides the approval dates for each of the three Water Service Agreements which gave consent for voluntary annexation and assessment of a stormwater assessment fee. Parcel Description Property Control Number Property Owner's Name Date Approved Lot 5, Breezy Acres 00-42-46-14-01-000-0050 Mosen Eteshami and Parnia Eteshami December 20, 2001 Lot 6, Breery Acres 00-42-46-14-01-000-0060 Michael Pacheco and Evelyn Pacheco April 24, 2006 Annabelle Mckie Lot 7, Breery Acres 00-42-46-14-01-000-0070 and Michael Manna (then January 15, 2003 owners} The Agreement for Water Service and the terms and conditions are binding on all successors, heirs and assigns of the original customer and the agreement is recorded in the Public Records of Palm Beach County. All current property owners have been notified of the proposed annexation proceedings. The property is bordered to the north by the Bank United Building; to the east by the Coconut Key townhouse development; to the west by the Enclave Apartments (unincorporated Palm Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breery Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning Beach County also subject to voluntary annexation provision}; and to the south by the Breezy Acres Subdivision (unincorporated Palm Beach County). The subject property is currently under the jurisdiction of Palm Beach County, but is in the City's designated future annexation area. The property is located in the City's Planning Area, known as Annexation Area "D" (the South Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory future land use designation of TRN (Transitional). The Future Land Use Map amendment and the annexation (pursuant to the referenced Agreement for Water Service}, with initial zoning of R-1-AAA (Single Family Residential), were initiated by the City Commission on July 6, 2010 and are now before the Board for action. ---. == '- -_FUTIJRE LAND;USE MAP AlUIENDMENT Af~tALYSIS` ~~ Current Land Use Designation: The current land use map designation for Lots 5 thru 7, Breezy Acres is County MR-5 (Medium Residential 5 units per acre) while the current City "advisory" designation for all properties is TRN (Transitional}. The Transitional FLUM designation was placed on the property in January 1989 to maintain maximum flexibility for redevelopment. Since that time, the property that has developed around the neighborhood has retained a single family residential character. Given this development trend, a lower intensity residential designation of LD (Low Density Residential 0-5 du/ac} is more appropriate. Requested Land Use Designation: The suggested Future Land Use Designation for Breezy Acres is City LD (Low Density Residential 0-5 du/ac). This intensity is consistent with the existing County Future Land Use Map and zoning designations. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The properties to be annexed are located within designated Annexation Area "D", on the west side of Military Trail, south of Atlantic Avenue. Annexation of this area is consistent with Future Land Use Element Policy 5-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Future Land Use Map Designation for the property is LD (Low Density Residential 0-5 du/ac}. The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 units per acre). The City's LD Future Land Use Map Designation is consistent with the County's designation as both provide for a maximum density of 5 units per acre. The current advisory TRN (Transitional) is consistent with several zoning designations which allow a range of uses from single family to higher intensity multiple family, office, and neighborhood commercial uses. As noted above, the existing land use pattern for this area would support the lower intensity LD residential designation. 2 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning Adjacent Land Use Map Designations, Zoning_ Designations and Land Uses: The following zoning designations and uses abut the subject properties: FLUM Desi nation Zonin District Use North: City GC (General Ciiy POC (Planned Office Center) Bank United Building Commercial) South: County Medium Residential County Agricultural Residential Single Family Homes -Breery 5 units er acre MR-5 AR Acres East: City MD (Medium Density City Multiple Family Residential - Coconut Key Townhouse Residential 5-12 du/ac Medium Density (RM-8) Development County HR-12 (High PUD {Planned Unit Development) The Enclave 224unit Multiple West: Residential -12 units per Family Residential Development acre) and MR-5 Medium Residential, 5 units er acre The proposed rezoning of the subject properties will maintain consistency and compatibility with the adjacent development pattern. Allowable Land Uses: Under the proposed LD (Low Density Residential t)-5 du/ac) Future Land Use Map designation, residential zoning districts which accommodate detached single family homes (R-1 thru R-1- AAA) are allowed. The proposed R-1-AAA zoning will accommodate the prevailing lot sizes and is consistent with the proposed LD Future Land Use Map designation. REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ^ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the 3 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Single Family Residential (R-1-AAA) zoning district is consistent with the proposed LD (Low Density Residential 0-5 du/ac) FLUM designation. Single Family Residential developments are allowed in the R-1-AAA zoning district as a permitted use at a rate of 0-5 units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. ^ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted Concurrency standards. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The proposal involves amending the FLUM designation from County MR-5 (Medium Residential 5 du/ac) to City LD (Low Density Residential) for Breezy Acres Lots 5, 6, and 7. Concurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreational facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating, picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate any additional increase in the number of residents anticipated from the subject properties. Police: The properties are currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue which serves the South County area. The properties are within Sheriff Patrol Zone 7, which is bordered by Jog Road to the west, the Delray Beach City Limits to the east, Atlantic Avenue to the north and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time will be significantly improved upon annexation. Annexation will not require additional manpower since the police currently patrol in close proximity to these parcels. Fire and Emergency Services: The annexation of Lots 5, 6, and 7 will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road}. With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42, located on Hagen Ranch Road, close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4, located at Barwick and Lake Ida Road). Water: Municipal water service is available via connection to a 12° water main located along Markland Lane and West Atlantic Avenue. Fire hydrants are located on the east side of the Enclave property adjacent to the Breezy Acres residential development. There are no fire hydrants located in the vicinity of Breezy Acres. As noted above, water service is already being provided by the City to Lots 5, 6, and 7. There appears to be no water service 4 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots S, 6, and 7 -Annexation, FLUM Amendment, and Rezoning provided for the remainder of the Breezy Acres Development, which probably is serviced via wells. Since the existing and proposed maximum intensity are the same, there is no impact on this level of service standard. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant at build-out. Sewer. There appears to be no sewer service for the Breezy Acres Development which probably is serviced via septic fields. A City lift station exists just north of Lot 5 on the Bank United parcel. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The subject properties can be accessed from Markland Lane via West Atlantic Avenue. West Atlantic Avenue and Markland Lane are currently under the jurisdiction of Palm Beach County. Based upon the above, a positive finding with respect to traffic concurrency can be made. Solid Waste: Lots 5, 6, and 7 are part of the existing Breezy Acres residential development and contain single family homes. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change with annexation, as described later in this report. ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with fhese findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The current County FLUM designation for Lots 5, 6, and 7 of the Breezy Acres residential subdivision is MR-5 and the current City "advisory" designation is TRN (Transitional), which allows single family residential developments. The proposal is associated with the annexation of the three unincorporated parcels and requires changing the FLUM designation from County to City. Since the FLUM amendment is being applied in association with the annexation of the three lots, and the proposed designation is less intense than the advisory designation, the demonstrated need finding does not apply. It is noted, however, that the proposed LD (Low Density Residential) designation would allow the same density {0-5 du/ac) as currently allowed under the county designation of MR-5. It 5 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning is also noted that the proposed R-1-AAA zoning designation will allow single family residential units which is compatible with the existing development of the property. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed residential designations are consistent with residential uses on the site and to the west, south and east. Compliance -Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The existing development on Lots 5, 6, and 7 of the Breezy Acres was processed through both the County and the City for consistency with the LDRs as part of the water service agreement process. Any future development of the subject properties will be reviewed for compliance with the LDRs. At this time, no issues have been identified which would prohibit compliance with the requirements of the R-1-AAA zoning district for the subject properties. ,... --. - ; ,. , ... -, - .: _ :ANNEXATI(~iV ANALYSI$~ ..-, - Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5), "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves." As noted throughout this report, Lots 5, 6, and 7 of the Breezy Acres residential subdivision are voluntary annexations which were consented to through executed water service agreements. These parcels are contiguous to City property to the north and do not create an enclave. The balance of the seven Breezy Acres lots to the south are not being consider for annexation via this action. As allowed under Florida Statute 171.203 (Interlocal Service Boundary Agreement}, it is the City's intent to seek annexation of the balance of the Breezy Acres subdivision through this provision. The statute's principal goal is to encourage local governments to jointly determine how to provide of services to residents and properties in the most efficient manner while balancing the needs and desires of the community. The Enclave rental development and the commercial parcel at the northwest corner of Markland Lane each have a voluntary annexation clause which can be initiated. Land Development Regulations Governing Annexations: Pursuant to the LDR Section 2.4.5 (C}(1 }which states that "The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end." The City initiated annexation is pursuant to the executed Agreements for Water Service. 6 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning Financial Impacts: Effect upon Annexed Properties: The following table depicts the current assessed value and total (County) taxes for Lots 5, 6, and 7 of the Breezy Acres residential development: LOTS 9, 6 AND 7 OF THE BREEZY ACRES ANNEXATION ADVAL. NON- CITY OF TOTAL T,gXABLE PBC PBC NON- TOTAL PBC. CITY OF ADVAL. DELRAY C1TY OF LOT PCN VALUE 2009 ADVAL ADVAL. PBC .COUNTY DELRAY CITY OF BEACH DELRAY DIFFERENCE TAXES TAXES TAXES iHILLAGE TAXES DELRAY MILEAGE TAXES TAXES 5 424614010000000 263,496.00 5,219.00 288.00 5,507.00 19.0477 5,997.01 133.19 22.7594 6,130.20 623.20 6 424614010000000 178,087.00 3,392.00 288.00 3,680.00 19.0477 4,053.15 133.19 22.7594 4,186.34 506.34 7 424614010000000 101,508.00 2,133.00 288.00 2,421.00 19.0477 2,310.26 133.19 22.7594 2,443.45 22.45 SUB-TOTAL 5543,091.00 510,744.00 $864.00 511,608.00 19.0477 $12,360.43 5399.57 22.7594 ~ $1,152.00 For the 2009 tax year, the subject properties have a combined assessed value of $543,091.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: LOT 5, 6 AND 7 OF THE BREEZY ACRES RESIDENTIAL bEVELOPMENT =_ ~bli,A~-DE~~~. ~~-==F~47~1`~=~' ~.~ _... ~._ _~I~~R ~ ~ T~kL.~~CES=~" _ P_CSRA'l'ED _ =-T'OTALMRLAG~_ __Wl7H ; - , ANNEXA79UN '-= . '~ - C TFJTAL-=TAXES. , 1lY __ ._ `=TQTAL`NIII-I.AGE Fire/Rescue MSTU 1,878.06 3.4580945 DELETE 0.00 0.000000 Palm Beach County Lib. 269.92 0.497006947 DELETE 0.00 0.000000 Palm Beach Co.Lib.Debt 29.76 0.054797446 DELETE 0.00 0.000000 Florida Inland Navegation 18.73 0.034487775 18.73 0.034488 Health Care District 621.90 1.145111961 621.90 1.145112 Palm Beach County 2,359.19 4.344004964 2,359.19 4.344005 Palm Beach County Debt 118.07 0.217403713 118.07 0.217404 Children Service Council 374.62 0.689792318 374.62 0.689792 Public Schools Loc.Board 1,481.54 2.49800000 1,481.54 2.498000 Public Schools State Law 3,253.11 5.48500000 3,253.11 5.485000 SFWMD District 290.34 0.534606539 290.34 0.534607 SFWMD Everglades Const. 48.55 0.0893957 48.55 0.089396 City of Delray Beach 7.190000 Added (City) 3,904.82 7.190000 City of Delray Beach Debt 0.531600 Added (City) 288.71 0.531600 SUB-TOTAL $10,744 19.0477 Difference' $12,760 22.7594 ~ 3.7117 ' Total tax millage in the county is 19.0477 mills while in the city the total millage is 22.7594 mills. Therefore the difference is 3.7117 mills. The current combined yearly ad valorem and non-advalorem tax is $11,608. With annexation, the yearly ad-valorem and non-ad-valorem taxes will be increased to $12,760, (11,608+1,152=12,760); a tax difference of $1,152. I n addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the structures, buildings, parking areas, etc. Property developed as a multiple family complex or subdivided for residential purposes, is assessed $54.00 per unit. 7 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning Solid Waste Authority -This annexation area is currently serviced under a contract between the County and Waste Management (pursuant to a contract awarded October 1, 2003). The City's contract is also currently through Waste Management. Thus, the waste service provider will not change with annexation. Pursuant to Florida Statute 171.062 {4) {a), "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter." While the subject properties currently pay a solid waste disposal fee to the County, the assessment fee for this service upon annexation will be approximately $238, paid to the City. LI?T5 5, S; AND 7 $R]cEZXACRES.~SUMIKtARY OF tl'-4PACTS'ON THE; F'ROpER7`Y-OWNER ;~i~.. ' ~'~: ~' FINANCIAL ..L.., ~ ., ,~ ~... ~,:w, ~ .t CONSIDERATIONS'. ~, `~Y~~ ~:. ,~k,. ~t ~`~~,?s:~ ~c~, Y ...~ AD VALOREM TAXES 2010 + $1,152.00 City Mills. PB County Mills 22.75940 - 19.04770 = 3.7117 NON AD VALOREM TAXES 2010 Stormwater Assessment $162.00 Solid Waste Coilection $0•~ WATER ~ SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL IMPACT: + $1,314.00 ' _ 1 - ~ SERVICE C ._ tONSIDERATIONS ' Fire Response + Faster response from an estimated 5.5 minutes (County) to 2.5 minutes (City). Emergency Medical + Faster response from an estimated 5.5 Services (EMS) minutes (County) to 2.5 minutes (City). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patroll cars during the night. Code Enforcement + Pro-active vs reactive opportunity to work wish property owners. Fiscal Impacts to the City: At the 2009 City operating mileage of 7.19 mills and debt rate of 0.5316 mills, the property will generate approximately $4,193.53 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. LOTS 5, 6,lAND 7 BREE~1(' ACHES.-FISCAL IMPACT-TO THE CITY:. AD VALOREM TAXES 2010 City of Delray Beach 7.1900 Mills Cit of Delra Beach Debt 0.5316 Mills $3,904.82 $288.71 SUB-TOTAL $4,193.53 NON-AD VALOREM TAXES Storm Water Utilit 1 Unit $54 $162.00 SUB-TOTAL $4,355.53 PARK AND RECREATION IMPACT FEE $500 er unit $0.00 TOTAL $4,355.53 8 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breery Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning ZONING ANALYSIS COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the pertormance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5{D) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDRs were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is R-1-AAA (Single Family Residential), while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County High Residential 5-12 du/ac (HR-12) and MR-5 Medium Residential, 5 units per acre to the west; City Medium Density Residential (RM-8) to the east (Coconut Key Townhouse Development); City Planned Office Center (POC} to the north (Bank United}; and County Agricultural Residential (AR) to the south (Breery Acres). Section 3.2.2 (Standards for Rezoning Actionsl: standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable pertormance standards of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The R-1-AAA zoning district is being proposed concurrently with a request for annexation. The zoning district is compatible with the abutting low density residential properties within the Breezy Acres subdivision and adjacent developments. Single family homes are allowed as a permitted use within the R-'!-AAA District. Given the adjacent development pattern, the Future Land Use Map designation of LD and zoning designation of R-1-AAA are appropriate. Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) {5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or 9 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breezy Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The properties are in the unincorporated area of Palm Beach County. However, they are also within the City of Delray Beach's future annexation area. The property owners have signed water agreements with the City which contain an annexation agreement clause. Thus, the City is seeking annexation of these properties, which requires that appropriate City zoning designations be applied. The requested zoning designations are of similar intensity as allowed under the existing and proposed Future Land Use Map designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D} (5). REVIEW BY OTHERS The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA}. Palm Beach County Notice: On June 10, 2010, Palm Beach County Administrator and Palm Beach County Planning Division were notified of the City's intent to annex these properties. A response from the Department of Planning, Zoning, and Building of Palm Beach County dated July 15, 2010 has been received. Upon review of the Lots 5, 6, and 7 of the Breezy Acres annexation, County staff has recommended that the City postpone the annexation of these three residential lots until the annexation of the entire subdivision (consisting of 10 lots) can be annexed as a unified whole. County staff has indicated that the Breery Acres annexation as currently proposed could contribute to service delivery issues with respect to the provision of police services. County staff has also indicated that such service delivery issues will be inconsistent with: 1. The Palm Beach County Comprehensive Plan Policy 1.4-(a) which promotes annexation that enhances effective delivery of services; and 2. Chapter 171.021 (3}, of the Florida Statutes that requires the efficient provision of urban services. In addition, the unincorporated subdivision of Breezy Acres can only be accessed via Markland Lane, which dead ends at the south end of the subdivision. The annexation of 3 of the 10 parcels would result in an isolated municipal area. The Palm Beach County Sheriffs Office has stated that the difficulty would lie in safety issues by having only part of the 10 lots annexed into the city. Based on the above, the County requested postponement of the Breezy Acres annexation until the complete subdivision can be annexed. On August 12, 2010, the City Planning Director met with the Palm Beach County Planning Director and staff to discuss this issue. Following this discussion, the County's concern with the annexation issue was resolved through the City's agreement to include a clause in the ordinance that the annexation will not be effective until annexation of the remainder of the Markland Lane properties. 10 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breery Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning IPARC Notice: Notice of the Future Land Use Map Amendment was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No comments other than the County reference discussed above has been received. Courtesy Notices; Special courtesy notices were provided to the following homeowners and civic associations: • Neighborhood Advisory Council Coconut Key HOA • PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Several letters of objection have been received and are attached to this report. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESMENT AND 'CONCLUSION Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. For Lots 5, 6, and 7 of the Breezy Acres Subdivision, the City's LD (Low Density Residential 0-5 du/ac) Future Land Use Map Designation is consistent with the County's MR-5 (Medium Residential 5 du/ac) designation. The proposed FLUM designation and the concurrent zoning of R-1-AAA (Single Family Residential) are both compatible with the existing and surrounding development pattern. The proposed annexation will provide better Police, Fire, EMS and Code Enforcement services. The properties will experience an increase in ad valorem taxes. The City will receive additiona{ revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase to the City for Lots 5, 6, and 7 combined is approximately $4,355.53 a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. ,. ,. ,. . ,, , . ` ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for aCity-initiated Voluntary Annexation; Future Land Use Map (FLUM) Amendment from County MR-5 (Medium Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac); and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential) fora 2.49 acre site consisting of Lot 5, 6, and 7 of the Breery Acres subdivision, located on the east and side of Markland Lane, approximately 491' south of Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for a City initiated Voluntary Annexation; Future Land Use Map (FLUM) Amendment from County MR-5 (Medium Residential 5 du/ac) to City LD (Low Density Residential 0-5 du/ac); and rezoning from 11 Planning and Zoning Board Meeting of August 16, 2010 Staff Report Breery Acres, Lots 5, 6, and 7 -Annexation, FLUM Amendment, and Rezoning County AR (Agricultural Residential) to City R-1-AAA {Single Family Residential) fora 2.49 acres site consisting of Lot 5, 6, and 7 of the Breezy Acres subdivision, located on the east side of Markland Lane, approximately 491' south of Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are inconsistent with the Comprehensive Plan, and do not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. RECOMMENDED ACTION. Move a recommendation of approval to the City Commission for aCity-initiated Voluntary Annexation; Future Land Use Map (PLUM) Amendment from County MR-5 {Medium Residential 5 du/ac) to City LD {Low Density Residential 0-5 du/ac); and rezoning from County AR (Agricultural Residential) to City R-1-AAA (Single Family Residential), fora 2.49 acre site consisting of Lot 5, 6, and 7 of the Breezy Acres subdivision, located on the east side of Markland Lane, approximately 491' south of Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan, and meet the criteria set forth in Sections 2.4.5{D) (5), 3.1,1 and 3.2.2 of the Land Development Regulations; and upon finding that the annexation is consistent with Florida Statutes 171.044, does not create an enclave, and that the properties are contiguous and reasonably compact. Staff Report Prepared by: Jasmin Allen and Estelio Breto Attachments: Location Maps '! 2 PLAZA J a ~ ~~5 ~ MARKETPLACE o~P !- ~ o ti OF ~ ~ ao ~ DELRAY ? Q )ST >- ~ ALLIANCE ~~ J W wo ~ G~ - '~~+P WESTERN UNION WEST A T L A N T I C ~= A V E N U E SUN BANK ~~~`~~ BABY DWESTY SUPERSTORE PLAZA PLAZA SCD _ r "s ~ I ~ Q t~c~t ~ I- ,~~ ~ i O Y z JEFFERSON ROAD a ¢ ~ ~ Js ~ Z Y y V 3 ~ 6 0 0 ¢ v z LINCOLN ROAD ESTATES DRIVE ADAMS ROAD ]- WASHINGTON ROAD ~ O 0 0 MADISON ~ ROAD -- Q/GlTAL 645£ K4P SY5TEM - A14P REF: S:\Plannmg ~ Zoning\DBMS\F11s-G a N SUBJECT PROPERTY B R E E _-~ ' ~~ PLANNING AND ZONING DEPARTMENT 00-42-46-14-01-000-0050 00-42-46-14-01-000-0060 ~( L~~ 00-42-46-14-01-000-OD70 J ° ~ Y FRAILS < ~, y ?_ Q END PLAZA ~ ~ ~ ,~ 2 ~ ~ 4~ F ~~~ NC v K. F. C. AL - _ ~ c ,. _ - ~4 .~ P~A - - : , a C• ,. - ..i .. a: ;'A~. ;~ A !(~ Af R ' E~1 G ,~a ; . _ ~ •~ _ - .~C '. . _ _ ~ ~l~` . • • - •• Q .~. ;:iti~s9~i7N" Ori N .i: n h ~ A WEST A T L TS T 1 ~~~~ ~~ A V E N U E z SUN ;: , , - • ~ , " '; ; ~" ; _:: ;._~% ;``" BANK ' w ' ~ ' -' ~Et/P;AY r : •: ~' - -'~ , . _ - •~, ~ ~~~ - ` a o z - :. ;.. _~ .:~ .. ._.a. . ... . _ ~ . ;' ..,.' :.. ... •t - .. .; .~ .••- ' ~ :. • .. ~:. ~. • ~'- Lt 3~ ': ~ • , , ..; r ... . .. ..... .... . ~.;.' 1 , Y ~ j } _ LOT".•7.!" ~ ~ - EERS ON R OA D a ~' ~ r ~ ~ o a u U I- __ - J UNC OW R OA D I ESTATES ~RIV£ AO AyS R OAD ~ ~ ~ os ~R~~E WA SHWGTO N RO AD o = ESTA S D w MA DISON ~ RO AD H O o ZONING MAP . N _r_ BREEZY ACRES LOTS - 5,6,7 PLANNING AND ZONING CHANCE FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) D£PARTNENT 10 qTY R-1-AAA (SINGLE FAMILY RESIDENTIAL) '/ .,_~"~] FOUR C0~<NFRS AREA ~n~u~n~n~u~ qTY MUNICIPAL BOUNDARY J -- O/C//AL 845£ Al4P SYSTEM -- -MP REF: 5:\Phming ~ Zoning\DBA15\Fik-Cab\Z-LM 1001-1500\L1111g1~Zontng o/ Braaa<Y Aaae Lola J $ \ - Tr~Alc$ ~ a ~vD PLAZA v h ~ fy GC K.F.C- ..r: - - -.i ~ - o _ .i , t _ ' ~ :-; .RKE ~CrtGE - `'`. •, fy' ~' F~ Q '0 ILA ~~ Oe. _ ,~ .~: -, ~' > S o ~C - R. ~ - - - -Pti$cr~ ~ . - ~lri' ~ ~ f3i ~ i . i„ '. O- ';~;, 'Yr - •.i.~'. _ ,-v' Q Cis ST AT-~AN.T~.I - ~'~ - AVENUE N - - BANK -• : ,v = ~•' ::: ~ ~ECR,AY; •::':' ~•- •- - `f?1a7Ar ~ ``SGOFFrS- 14 . _ e,a-p~',.~~,. ~., I~-- ~ ~ ~ - FFERSDN ROAD w D~ F-- a O ut FUTURE LAND USE MAP AMENDMENT N ~~ BREEZY ACRES LOTS - 5,6,7 ~ PLANNING AND ZONING ~ CHANGE FROM COUNTY MR-5 {MEDIUM RESIDENTIAL DENSITY. 5 UNITS PER ACRE) TO CITY _ _:' DEPARTMENT LD {RESIDENTIAL LOW DENSITY 0-5 DU/AC) .~y~-.,. FWR CDRN>:RS AREA ~ii~ntriuU~ii~ CITY MUNICfPAI BOUNDARY -- DAGJIAL B4St: AMP 57SJEM -- MAP REF: S:\Planninq & Zoning\DBMS\FilrCob\Z-UI 1001-1500\UA11D1_FLUM Art+sndmant of Finery Aerti Lob Time Period pirection Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5819 CURRENT YEAR: 2009 FROM: Boca Raton Blvd ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: -1.60% COUNT DATE: 2/25/2009 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/1NB 2219 133? ?s~7'. 2995- 1356:. •.~fi4}. 13.9 133:2 18t 2~S 7.356... , ^1649;. :2119 1332 ?~s7' 29954 1356 1649:. Report Created:06/28/2010 Committed Developments Type % Complete 4.8 Acre 10th Street Site 0 0 0 ~('~,_ ; ~ 0 ,KK ,-0- ; W ~ Res ],00% Villagesat5wintonSquare tl 0 0 ; ~ 0 ~•~ 0~' ='0• Res 0% Boca Downtown DRI 26 12 14 ' 23 .:12 ~ 11 '' NR +0% North Boca Village 27 ~3.. 14- 51 2~' z.8 NR ' 0% McDonald's Delray Beach 16 8 8 7 3- 4 NR 0% Ed Morse Delray Toyota 54 40 14 69 27 42 NR 6796 Congress Plaza at Delray 3" ` - 2 1 17 8 9 NR 0% New Century Commons 23" : 11:. 12 77 35 43 NR 095 Congress Park Apartments 15; 1~.. ~ 13 2.3 15 12 Res 4696 Midtown Village 6 3 3 :: 8 5 4. NR. 0% MarooneAlpha Delray 28 7 21 36 22 144.. NR~`~ 30.709'0 Total Committed Developments 208 108 100 315 150 167 Total Committed Residential 25 12 13 27 15 12 Total Committed Non-Residential 183 96 87 288 135 155 Double Count Reduction 6 3 3 7 4 3 Total Discounted Committed Developments 202 105 97 308 146 164 Historical Growth -195 -123 -73 -276 -125 -152 Comm Dev+1% Growth 332 187 145 492 229 265 Growth Volume Used 332 187 145 492 229 265 Total Volume 2451 1519 932 3487 1585 1914 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way L05 E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 4680:.2570 2570 4680 2570 2570 YES YES YES YES Y€$ YE5 :240` 2790 2790 290 YLS~' 'YES YES YE5 4920 ' `2,710 2710 492D 2310 2710 YES' `•YES - YES YE.5 YES YES ~279Q__'.3Z9D- . S.. 279D 2790 YES ;'., , YE YES YES.:: Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5813 CURRENT YEAR: 2009 FROM: Midpoint ANALYSIS YEAR: 2015 T0: FederalHwy GROWTH RATE: -6.49% COUNT DATE: 2/23/2009 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/4VB 2-way NB/EB SB/WB Committed Developments Cityscape Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota New Century Commons Congress Park Apartments Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments 3042` 481 , 522 1247 60~ 625 2002 r#&1 X5,22. 127 604 625 1LVJ7 Q81 :522" >1247 C~ 6?5~ Report Created: 06/28/2010 Type 9'o Complete 2 1 1 9 5 5: NR 0% 0. 0 0 Q °.. 0 0,', _ Res. 0% , ';i 9 5` 4 8` 4 a NR'- 0% 26 29 13 8 8z 16 NR 096 16 $ , 8.,.,,. 7 3 4 NR. 0% 42 31 ~1 54 21 33 NR 62% 11 6 S ' 39 21 17 NR 096 25 12 13 27 15 I2 Res 46% 'ib, 4 ].~ 21 13` 8 NR 30.70% 137 75 62 194 95 99 25 12 13 27 15 12 112 63 49 167 80 87 6 3 3 7 4 3 131 72 59 187 91 96 Historical Growth -332 -159 -173 -413 -200 -207 Comm Dev+1% Growth 193 102 91 264 128 134 Growth Volume Used 193 102 91 264 128 134 Total Volume 1195 583 613 1511 732 759 Lanes ~ 6LD 2-way or Class II Capacity 4680 2570 - 270 4b80 2570 2570 Link MeetsTest 1/Opt. i? YES YES YES YES YES YE$ Class I Capacity 279D 2790 2790 2790. Link Meets Test 1/Opt. ii? YE5, YFS _ YES YES 2-Way LOS E Capacity 4920 2710 2710 4920 2710 2710 Link Meets Test 2/Opt. i? YES YE5 'YE5 `YES YES YE5 Class I LOS E Capacity 2790,. 2790 2790 2790 Link Meets Test 2/Opt. ii? YES YE5 YES YES ROAD NAME: Linton Blvd CURRENT YEAR: 2009 ANALYSIS YEAR: 2015 GROWTH RATE: -6.49°.6 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Committed Developments Cityscape Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota New Century Commons Congress Park Apartments Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments Input Data STATION: 5813 FROM: S Dixie Hwy T0: Midpoint COUNT DATE: 2/23/2009 PSF: 1 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB :2.£102 4$~} ~ 522~_~, .12t7 60~~ £~ZS.- =1t~2 481. _ a~22:. `g247` ti(.~. 6aS ~i~ 1.~2 ~1",. ~",~2 _. 12'7 .604. :625""; Report Created: 06/28/2010 Type % Complete 2 0 1 0 1_ 9°- 5. 5 ' 0 0 0` 0 ~. Res 16 8 8 '29 13 lb NR 1:6 $ $ 7 3, 4 NR 42 81 li 54 21 33 NR 11 6 5 39 2:1 17 NR 25 12 13 27 15 12 Ices 16 4 12 21 13 8 NR 137 75 62 194 95 99 25 12 13 27 15 12 112 63 49 167 80 87 6 3 3 7 4 3 131 72 59 187 91 96 Historical Growth -332 -159 -173 -413 -200 -Z07 Comm Dev+1% Growth 193 102 91 264 128 134 Growth Volume Used 193 102 91 Z64 128 134 Total Volume 1195 583 613 1511 732 759 Lanes 2-way or Class 11 Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii1 2-Way LOS E Capacity Link Meets Test 2/Opt. i1 Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 4680 257D 2570 4680 2679 2570 YE5 ~YE6 ' YES' °`CES~ ~ YES ~ 1'ES°' 2790 2790,., 279p 279A YES 'YE5 YES '' Y£5' 4920 2710 2710 4920 2710 2710 YE5 YES YE5 YES YES YE5 279q 2790 2790 2794" YES .YES YE5 YE5 0% 096 0%,~ 0%' 0% 6296 096 46% 30:70% ~ Kimley-Fbm ~ ^ and Associates, Inc. k:\wpb_tpto\1444\144491000 lintco site\reports\revised comp plan report.doc Burghdoff, Adam From: Vinod Sandanasamy [VSandana@pbcgov.org] Sent: Wednesday, June 23, 2010 10:56 AM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Attachments: image001.png Sorry I don't know how I missed it. The 2035 volume for Dixie between Linton and 10`h is 13,300 daily trips. Have a nice day. From: Adam.Burghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.com] Sent: Wednesday, June 23, 2010 10:37 AM To: Vinod Sandanasamy Subject: RE: Delray Model Volumes Thank you Vinod. There is one link still missing though. Can you send me the model volumes for: S. Dixie Highway from Linton Boulevard to SE 10~' Street. Anything you could do to expedite the process would be greatly appreciated as my client wants us to submit ASAP. Thank you, Ada m Adam M. Burghdoff, E.I.T. Kimley-Horn and Associates, Inc. TEL: (561)845-0665 adam.burghdoff a(~.kimley-hom.com www.kimley-hom.com Frorn: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Wednesday, June 23, 2010 9:47 AM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Hi Adam, Here are the 2035 smoothed daily volumes for the links that you asked for, Roadway From LOS D Capacitl Linton Boulevard S. Military Trail to Germantown 4920( Germantown to Homewood Blvd. 492IX Homewood Boulevard to Congress Avenue 492IX Congress Avenue to I-95 492IX I-95 to SW 10th Avenue 492IX 10th Avenue SW to Old Dixie Highway 4920( Old Dixie Highway to Federal Hwy 4920( Federal Hwy to Ocean Blvd. 32700 19300 SW 10th Street Congress Avenue to SW 10th Avenue 32700 19200 SW 10th Avenue to SW 4th Avenue 15400 10800 SW 4th Avenue to S. Swinton Avenue 15400 7700 S. Swinton Avenue to S. Dixie Highway 15400 16700 S. Dixie Higheway to SE 5th Avenue 15400 1800 SE 5th Avenue to SE 6th Avenue 15400 500 Lindell Boulevard SW 10th Avenue to .S Dixie Highway 15400 5700 Congress Avenue Lowson Boulevard to Linton Boulevard 49200 35100 Linton Blvd. to Germantown 49200 31000 Germantown to NW 22nd 49200 25200 NW 22nd to NW 82nd Street 49200 30500 I-95 Atlantic Avenue to Linton Blvd. 238600 238000 Linton Blvd. to 82nd Street 238600 256900 SW 10th Avenue Lindell Boulevard to Linton Boulevard 15400 10800 S Dixie Highway Lindell Boulevard to Linton Boulevard 15400 15700 Federal Highway Lindell Boulevard to Linton Boulevard 32700 34300 Linton Boulevard to SE 5th Avenue 32700 36900 SE 5th Avenue Federal Highway to SE 10th Street 19600 34100 SE 10th Street to SE 1st Street 19600 24700 SE 1st Street to Atlantic Avenue 19600 19100 Atlantic Avenue to NE 4th Street 19600 18000 SE 6th Avenue Federal Highway to SE 10th Street 19600 32500 SE 10th Street to SE 1st Street 19600 33000 SE 1st Street to Atlantic Avenue 19600 17700 Atlantic Avenue to NE 4th Street 19600 19300 5. Ocean Boulevard South of Linton Boulevard 15400 15600 North of Lirrton Boulevard 15400 13700 S. Swinton Avenue SW 10th Avenue to Atlantic Avenue 15400 14500 Atlantic Avenue to Lake Ida Road 15400 13400 Lowson Boulevard 5. Military Trail to Homewood Boulevard 15400 1200 Homewood Boulevard to Congress Avenue 15400 2600 Atlantic Avenue Barwick Road to Congress Avenue 49200 47860 Congress Avenue to I-95 49200 48600 I-95 to SW 8th Avenue 32700 45000 SW 8th Avenue to Swinton Avenue 32700 32100 Swinton Avenue to U.S. 1 15400 15300 U.S. 1 to Ocean Boulevard 32700 15900 Boca Raton Boulevard NW 76th Street to Lindell Boulevard NA NA Vinod Sandanasamy, AICP Senior Transportation Planner Palm Beach Metropolitan Planning Organization 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 Phone: 561-478 5747 Fax: 561-233 5664 Website: www.pbc~ov.com/mpo ',pro Under Florida law, e-mail addresses are public records. If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Adam.Burghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.com] Sent: Monday, June 21, 2010 8:22 AM To: Vinod Sandanasamy Subject: RE: Delray Model Volumes Thank you for your time. I look forward you hearing from you soon. Have a great day! Adam M. Burghdoff, E.I.T. Kimley-Hom and Associates, Inc. TEL: (561)845-0665 adam.burg hdoffna,kimley-hom. com www.kimley-horn.com From: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Friday, June 18, ZO10 11:52 AM To: Burghdofi`, Adam Subject: RE: Delray Model Volumes Adam, Yesterday was my day off and today I am trying to complete a bunch of things that I started earlier. So expect something early next week. Take care. Vinod Sandanasamy, AICP Senior Transportation Planner Palm Beach Metropolitan Planning Organization 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 Phone: 561-478 5747 Fax: 561-233 5664 Website: www.pbc~ov.com/mpo rr~o. Under Florida law, a-mail addresses are public records. If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Adam.Burghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.com] Sent: Thursday, June 17, 2010 3:38 PM To: Vinod Sandanasamy Subject: RE: Delray Model Volumes I just noticed that the model volumes listed below are based on a one-mile radius. When I initially requested them from Nellie, we needed aone-mile radius, however the next day we determined that we would need a 2-mile radius instead. I sent an email to Nellie as soon as I determined that we needed additional links, but evidently she did not forward it on to you. Attached is the email listing the additional links. Is there any way you could provide me with the additional link volumes this week? I would greatly appreciate it. Thanks! Adam Adam M. Burghdoff, E.I.T. Kimley-Hom and Associates, Inc. TEL: (561) 845-0665 adam.burghdoff(a.kimley-horn.com www.kimley-hom.com From: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Wednesday, June 16, 2010 12:13 PM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Hi Adam, The 2035 model volumes for the links that you requested are given below. Contact me if you have additional questions. Thanks. Roadway From LOS D Capacity 2035 Vol Smoothed Linton Boulevard Boulevard South of Linton Boulevard 15400 15600 North of Linton Boulevard 15400 13700 Vinod Sandanasamy, AICP Senior Transportation Planner Palm Beach Metropolitan Planning Organization 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 Phone: 561-478 5747 Fax: 561-233 5664 Website: www.pbcgov.com/mpo w~w+ Under Florida law, a-mail addresses are public records. If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Nellie Fernandez Sent: Wednesday, June OZ, 2010 11:10 AM To: Vinod Sandanasamy Subject: FW: Delray Model Volumes See below... From: Adam.Burghdoff@kimley-horn.rnm [mailto:Adam.Burghdoff@kimley-hom.wm] Sent: Tuesday, June 01, 2010 6:26 PM To: Nellie Fernandez Subject: Delray Model Volumes Hello Nellie, We're conducting a FLUA traffic study for a client of ours and were hoping that you might be able to help us out with some 2035 model volumes. The property is located in Delray Beach on Linton Boulevard. Attached is an excel spreadsheet of the roadway segments....thought it might make things easier for you. If not I have also listed the roadway segments below, and there is a map attached as well. If you could help us out we would really appreciate it. Thank you - Have a great day! Adam Linton Boulevard Homewood Boulevard to Congress Avenue Congress Avenue to I-95 I-95 to SW 10th Avenue 10th Avenue SW to Old Dixie Highway Old Dixie Highway to Ocean Boulevard 5W 10th Street Congress Avenue to SW 10th Avenue SW 10th Avenue to SW 4th Avenue SW 4th Avenue to S. Swinton Avenue S. Swinton Avenue to S. Dixie Highway S. Dixie Highway to SE 5th Avenue SE 5th Avenue to SE 6th Avenue Lindell Boulevard SW 10th Avenue to S. Dixie Highway Congress Avenue NW 82nd Street to Linton Boulevard Linton Boulevard to Lowson Boulevard I-95 NW 82nd Street to Linton Boulevard Linton Boulevard to Atlantic Avenue SW 10th Avenue Lindell Boulevard to Linton Boulevard S Dixie Highway Lindell Boulevard to Linton Boulevard Federal Highway Lindell Boulevard to Linton Boulevard Linton Boulevard to SE 5th Avenue SE 5th Avenue Federal Highway to SE 10th Street SE 10th Street to SE 1st Street SE 6th Avenue Federal Highway to SE 10th Street SE 10th Street to SE 1st Street S. Ocean Boulevard South of Linton Boulevard North of Linton Boulevard Adam M. Burghdoff, E.I.T. Kimley-Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FL 33407-3258 TEL: (561)845-0665 DiR: (561)840-0282 FAX: (561) 863-8175 CEL: (269) 744-1896 adam. burg hdoff(~kim ley-hom.com www.kimley-hom.com ~ Please consider the environment before printing this email. COMPREHENSIVE PLAN AMENDMENT 10-1 CITY OF DELRAY BEACH, FLORIDA PPORT DOCUMENT Traffic Impact Analysis for Waterford Kimley-Horn and Associates, Inc. July 2010 SD #16 TRAFFIC IMPACT ANALYSIS WATERFORD COMPREHENSIVE PLAN AMENDMENT DELRAY BEACH, FL Prepared for: Delint, Inc. Delray Beach, Florida Prepared by: Kimley-Horn and Associates, Inc. West Palm Beach, Florida July 2010 CA 00000696 Kimley-Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Florida 33407 561/845-0665 TEL 561 /882-0199 FAX ~ Kimley-Horn Traffic Impact Analysis ~~^ and Associates,lnc. TABLE OF CONTENTS INTRODUCTION ....................................................... .............................................. 1 PROJECT TRAFFIC .................................................. .............................................. 3 PROJECT TRAFFIC .................................................. .............................................. 4 Trip Generation ...................................................... .............................................. 4 Traffic Assignment ................................................. .............................................. 6 LEVEL OF SERVICE ANALYSIS ................................ .............................................. 8 Existing (2010) Conditions ..................................... .............................................. 8 Short-term (2015) Horizon ..................................... .............................................. 8 Long-term (2035) Horizon ..................................... .............................................. 8 EXISTING (2010) CONDITIONS ................................. .............................................. 9 SHORT-TERM (2015) HORIZON ............................... ............................................ 12 LONG-TERM (2035) HORIZON ................................. ............................................ 16 CONCLUSION .......................................................... ............................................ 19 APPENDIX A: PROJECT SITE INFORMATION APPENDIX B: TRAFFIC COUNT DATA APPENDIX C: COMMITTED DEVELOPMENT DATA APPENDIX D: 2035 MODEL VOLUMES k:\wpb_tpto\85294\amb\2010\delint property~report~comp plan report.doc Page C ~ /~ Kimley-Horn Traffic Impact Analysis - ._._ and Associates, Inc. LIST OF TABLES Table 1 Maximum Development Intensities ........................... ........................... 3 Table 2 Trip Generation -Maximum Intensity ........................ ........................... 5 Table 3 Existing (2010) Daily Traffic Link Analysis .................. ......................... 10 Table 4 Short Term (2015) Significance Analysis ................... ......................... 13 Table 5 Short Term (2015) Link Analysis ............................... ......................... 15 Table 6 Long Term (2035) Daily Traffic Significance Analysis ......................... 17 Table 7 Long Term (2035) Daily Traffic Link Analysis ............. ......................... 18 LIST OF FIGURES Figure 1 Site Location ........................................................................................ 2 Figure 2 Traffic Distribution ................................................................................ 7 k:\wpb_tpto\85294\amb\2010\delint propert~report\comp plan report.doc Page ~ II Traffic Impact Analysis INTRODUCTION / ~ ~ Kimley-Hom ~ ~ and Associates, Inc. Kimley-Horn and Associates, Inc. has been retained to prepare a Comprehensive Plan Land Use Amendment traffic analysis for the proposed Watertord development. The project site is located on Alta Meadows Lane approximately 550 feet south of Lindell Boulevard in the City of Delray Beach. Figure 1 illustrates the location of the project site. The parcel control number (PCN) for the subject parcel, obtained from the Palm Beach County Property Appraiser's Office, is 12-43-46-29-41-000-0020 (see Appendix A). The +/-4.58-acre project site is currently vacant and its future land use is Transitional (TRN) which allows for 5-12 dwelling units per acre and neighborhood commercial use at an intensity of 1 .0 floor-area ratio (FAR); or a maximum of 55 dwelling units and 199,505 square feet of neighborhood commercial use on this site. It is proposed to amend the existing future land use designation to General Commercial (GC) with a maximum development intensity of 236,346 square feet (FAR = 1.32) plus 55 dwelling units (12 dwelling units per acre). Table 1 summarizes the existing and proposed future land use intensities for the existing and proposed future land use designations. This analysis was conducted following general existing, short term and long term analysis procedures used to evaluate comprehensive plan amendments. This report summarizes the findings of the Comprehensive Plan Land Use Amendment traffic analysis. k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 1 C ~ ~ Kimley-Horn Traffic Impact Analysis ~ and Associates, Inc. a z a ='x ~~a~~ W ~ ~ E"~ d' Q 1' Sc m l=7 ~ LL ~ 3 ~~ u k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc C - ~ Kimley-Horn Traffic Impact Analysis ® and Associates,lnc. TABLE 1 MAXIMUM DEVELOPMENT INTENSITIES WATERFORD PARK Scenario Maximum Intensit Acreage Maximum Development Existing Future Land Use 1 FAR 4.58 199,505 SF Transitional (TRN) 12 DU/Acre 4.58 55 DU Proposed Future Land Use 1.32 FAR 4.58 263,346 SF General Commercial (GCJ 12 DU/Acre 4.58 55 DU 02010, Kimley-Horn and Associates, Inc. K:~WPB TPT0~85294~om6~2010~DelintProperty~Excel~(MASTER-Delint CPA-I.xIsJTl-Dev k:\wpb_tpto\85294\amb\2010\delint property~report~comp plan report.doc ~ Page 3 C ~ /~ Kimley-Horn Traffic Impact Analysis ~(~ and Associates,lnc. PROJECT TRAFFIC Project traffic used in this analysis is defined as the vehicle trips expected to be generated by the project, and the distribution and assignment of that traffic over the study roadway network. Trip Generation The trip generation calculations are based on the trip generation rates published by Palm Beach County and the Institute of Transportation Engineers' (ITE) Trip Generation, 8"' Edition. Table 2 summarizes the trip generation potential for the maximum development intensities for both the existing future land use (FLU) and proposed FLU. As indicated in Table 2, the existing FLU has the potential to generate 7,355 daily trips, 160 AM peak-hour trips, and 777 PM peak-hour trips. The proposed FLU has the potential to generate 9,127 new external daily trips, 211 new external AM peak-hour trips, and 973 new external PM peak-hour trips. The net increase in the trip generation potential is 1 ,772 daily trips, 51 AM peak-hour trips, and 196 PM peak-hour trips. Because the proposed amendment for the subject site results in a net increase in the trip generation potential of the site, roadway link analyses were conducted for the existing (2010), short-term (2015), and long-term (2035) planning horizons. Based on the trip generation potential, the radius of development influence was determined to be three miles for the existing and short-term analysis scenarios, and one mile for the long-term analysis scenario. k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 4 C ~ /' Kimley-Horn Traffic Impact Analysis ~ and Associates, lnc. Traffic Distribution Traffic distribution is the pairing of trip ends from the subject site with other land uses in the area. These trips were assigned to the surrounding roadways based upon a review of the roadway network proposed to be in place at the time of buildout and its travel time characteristics. The distribution according to cardinal directions is: NORTH - 35 percent SOUTH - 25 percent EAST - 20 percent WEST - 20 percent Traffic Assignment The daily and peak-hour trips for the project were assigned to the surrounding roadway network proposed to be in place for each respective analysis year. Figure 2 illustrates the project traffic assignment to the surrounding roadway network. k:\wpb_tpto\85294\amb\2010\delint property\report~comp plan report.doc ~ Page 6 C ~ ~ Kimley-Hom Traffic Impact Analysis ~ and Associates, Inc. k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 7 C /~ Kimley-Horn Traffic Impact Analysis ®_ and Associates,lnc. LEVEL OF SERVICE ANALYSIS Consistent with comprehensive plan amendment evaluation requirements, roadway segment analyses were conducted to address the traffic conditions for the existing, short-term, and long-term planning horizons. Existing (2010) Conditions This analysis is conducted using the peak season daily volumes published by Palm Beach County and FDOT (see Appendix B). It is important to note that the existing volumes for I-95 are 2009 daily volumes because 2010 volumes are not yet readily available. Because the project site is currently vacant, it utilizes the daily trip generation potential of the maximum development potential of the proposed FLU designation. Short-term (2015) Horizon This analysis is based on the Test 2 standards of the Palm Beach County Traffic Pertormance Standards Ordinance (IPSO) and was conducted using the peak- season peak-hour traffic volumes published by Palm Beach County. Again, because the project site is currently vacant, this analysis utilizes the peak-hour trip generation potential of the maximum development potential of the proposed FLU designation. Long-term (2035) Horizon This analysis was conducted using the 2035 model volumes and the net increase in the daily trip generation potential between the existing and proposed FLU designations. k:\wpb tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 8 r ~ Kimley-Horn Traffic Impact Analysis `~ and Associates,lnc. EXISTING (2010) CONDITIONS As previously discussed, the site is currently vacant. Therefore, the net-increase in daily trip generation potential is 9,127 net new external daily trips. The radius of development influence and the significantly impacted roadway links were determined based on Policy 3.5-d of the Palm Beach County Comprehensive Plan. For this analysis scenario, the radius of development influence for the existing analysis is three miles because the increase in trips is between 8,001 and 12,000 net daily trips. The daily project trips were assigned to the surrounding roadway network within the study radius. The existing traffic volumes plus the project trips of the proposed future land use were compared to the generalized service volumes at each roadway's adopted level of service. As indicated in Table 3, the following roadway segments are significantly impacted by the proposed FLU amendment: ^ Linton Boulevard from Congress Avenue to Federal Highway ^ Lindell Boulevard from SW 10"' Avenue to S. Dixie Highway ^ SW 10`h Avenue from Lindell Boulevard to Linton Boulevard ^ Old Dixie Highway from Linton Boulevard to SE 10"' Street ^ Federal Highway from NW 76`h Street to Lindell Boulevard ^ Ocean Boulevard North of Linton Boulevard ^ Swinton Avenue from SW 10`h Avenue to Atlantic Avenue ^ NW 2"d Avenue from NW 76"' Street to Lindell Boulevard Therefore, a level of service (LOS) analysis was performed to evaluate the operating conditions of the significantly impacted roadways. As indicated in Table 3, all significantly impacted roadways operate acceptably at LOS D or better. k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 9 C ~ ^ Kimley-Ham Traffic Impact Analysis ~ and Associates, Inc. TABLE 3 EXISTING (2010) DAILY TRAFFIC LINK ANALYSIS WATERFORD EXIST LOS D 2010 PEAK PROJECT TRIPS TOTAL PROJECT IMPACT MEETS ROADWAY SEGMENT qOF GEN.SVC. SEASON %ASSIGN- DAILY DAILY v/c % SIGNIF. SIGNIF- LOSD LANES VOLUME VOLUMEI MENT TRIPSZ TRAFFIC THRSHLD. ICANT? STANDARD? Linton Boulevard Jog Road to Sims Road 4LD 32,700 28,837 2% 183 29,020 0.89 0.56% 3.00% no - SimsRoadtoS.MilitaryTrail 6LD 49,200 27,495 3% 274 27,769 0.56 0.56% 3.00% no - S. Military Trail to Homewood Boulevard 6LD 49,200 37,464 8% 730 38,194 0.78 1.48% 3.00% no - Homewood Boulevard to Congress Avenue 6LD 49,200 33,652 14% 1,278 34,930 0.71 2.60% 3.00% no - Congress Avenue to I-95 6LD 49,200 40,928 26% 2,373 43,301 0.88 4.82% 3.00% yes yes I-95 to SW 10th Avenue 6lD 49,200 46,456 30% 2,738 49,194 1.00 5.57% 3.00% yes yes 10th Avenue SW to SW 4th Avenue 6LD 49,200 38,788 30% 2,738 41,526 0.84 5.57% 3.00% yes yes SW 4th Avenue to OI d Dixie Highway 6LD 49,200 38,788 30% 2,738 41,526 0.84 5.57% 3.00% yes yes Old Dixie Highway to Federal Highway 4LD 32,700 15,872 20% 1,825 17,697 0.54 5.58% 3.00% yes yes Federal Highway to S. OceanBoulevard 4LD 32,700 15,872 10% 913 16,785 051 2.79% 3.00% no - SW 10th Street Congress Avenue to SW 10th Avenue 4L 24,500 15,139 1% 91 15,230 0.62 0.37% 3.00% no - SW 10th Avenue to SW 4th Avenue 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - SW 4th Avenue to S. Swinton Avenue 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - S. Swinton Avenue to 5. Dixie Highway 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - S. Dixie Highway to SE 5th Avenue 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - SE 5th Avenue to SE 6th Avenue 2L 15,400 15,139 0% 0 15,139 0.98 0.00% 3.00% no - Lindell Boulevard SW 10th Avenue to S. Dixie Highway 2L 15,400 3,804 30% 2,738 6,542 0.42 17.78% 3.00% yes yes Congress Avenue Clint Moore road to NW 82nd Street 6LD 49,200 28,300 4% 365 28,665 0.58 0.74% 3.00% no - NW 82nd Streetto Unton Boulevard 6LD 49,200 17,757 6% 548 18,305 037 1.11% 3.00% no - Linton Boulevard to Lawson Boulevard 6LD 49,200 23,248 6% 548 23,796 0.48 1.11% 3.00% no - I-95 Yamato Road to NW 82nd Street SLX 144,300 206,383 0% 0 206,383 1.43 0.00% 1.00% no - NW 82nd Streetto Unton Boulevard lOLX 182,600 207,532 2% 183 207,715 1.14 0.10% 3.00% no - LintonBoulevardtoAUanticAvenue lOLX 182,600 207,532 2% 183 207,715 1.14 0.10% 3.00% no - Atlantic Avenue to Woolbright Road lOLX 182,600 177,723 0% 0 177,723 097 0.00% 3.00% no - SW 10th Avenue Lindell Boulevard to Linton Boulevard 2L 15,400 3,804 60% 5,476 9,280 0.60 35.56% 3.00% yes yes Old Dixie Highway Lindell Boulevard to Linton Boulevard 2L 15,400 11,986 2% 183 12,169 0.79 1.19% 3.00% no - Linton Boulevard to SE 10th Street 2L 15,400 11,986 10% 913 12,899 0.84 5.93% 3.00% yes yes Federal Highway Jeffery Street to NW 76th Street 4LD 32,698 24,382 10% 913 25,295 0.77 2.79% 3.00% no - NW 76th Streetto Lindell Boulevard 4LD 32,699 24,382 17% 1,552 25,934 0.79 4.75% 3.00% yes yes Lindell Boulevard to Linton Boulevard 4LD 32,700 30,628 2% 183 30,811 094 0.56% 3.00% no - Linton Boulevard to SE 5th Avenue 4LD 32 700 30 247 10% 913 31 160 0.95 2.79% 3.00% no hate: t1-95 AADT values represent 2009 AADT obtained from the FDOT Florida Traffic Online we bsite as 2010 counu were not readily available. ZDailyproject[rips based on maximum trip generation potential of proposed future land use. K:I WPB_TPT01851941am6~20101Delinr Property) fxcell(MASTER-Delint_CPA-I.xls/T3-Exist ®2010, Kimley-Horn and Associates, Inc. 7/1/2010 k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 1 0 C _ © Kimley-Hom Traffic Impact Analysis ~ and Associates,lnc. TABLE 3 continued EXISTING (2010) DAILY TRAFFIC LINK ANALYSIS WATERFORD EXIST LOS D 2010 PEAK PROJECT TRIPS TOTAL PROJECT IMPACT MEETS ROADWAY SEGMENT q OF GEN. SVC. SEASON %ASSIGN- DAILY DAILY v/c % SIGNIF. SIGNIF- LOS D LANES VOLUME VOLUMEI MENT TRIPS TRAFFIC THRSHLD. ICANT? STANDARD? SE 5th Avenue Federal Highway to SE 10th Street 3L0 29,500 11,605 5% 456 12,061 0.41 1.55% 3.00% no - SE 10th Street to Atlantic Avenue 3L0 29,500 11,605 3% 274 11,879 0.40 0.93% 3.00% no - AtianticAvenueto NE 4th Street 3L0 29,500 12,453 1% 91 12,544 0.43 0.31% 3.00% no - SE 6th Avenue Federal Highway to SE 10th SVeet 3L0 29,500 13,268 5% 456 13,724 0.47 1.55% 3.00% no - SE 10th Street to AUantic Avenue 3L0 29,500 13,268 3% 274 13,542 0.46 0.93% 3.00% no - AtlanticAvenuetoNE4thStreet 3L0 29,500 12,963 1% 91 13,054 0.44 0.31% 3.00% no - Ocean Boulevard South of Linton Boulevard 2L 15,400 12,573 2% 183 12,756 093 1.19% 3.00% no - North of Unton Boulevard 2L 15,400 8,984 6% 548 9,532 0.62 3.56% 3.00% yes yes Swinton Avenue SW 10th Avenueto Atlantic Avenue 2L 15,400 9,757 6% 548 10,305 0.67 3.56% 3.00% yes yes Atlantic Avenueto lake Ida Road 2L 15,400 10,960 2% 183 11,143 0.72 1.19% 3.00% no - Lowson Boulevard S. Military Trail to Homewood Boulevard 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - Homewood Boulevard to Congress Avenue 2L 15,400 15,139 1% 91 15,230 0.99 0.59% 3.00% no - AtlanticAvenue Barwick Road to Congress Avenue 6LD 49,200 40,012 0% 0 40,012 0.81 0.00% 3.00% no - Congress Avenueto I-95 6LD 49,200 44,769 0% 0 44,769 0.91 0.00% 3.00% I no - I-95 to SW 8th Avenue 4LD 32,700 34,662 0% 0 34,662 1.06 0.00% 3.00% no - SW 8th Avenueto Swinton Avenue 4LD 32,700 23,780 0% 0 23,780 0.73 0.00% 3.00% no - SwintonAvenuetoU5.1 2L 15,400 13,213 0% 0 13,213 0.86 0.00% 3.00% no - U.S.1 to Ocean Boulevard 4L 24,500 15,267 0% 0 15,267 0.62 0.00% 3.00% no - eoo Raton Blvd/NW 2nd Ave Clint Moore Road to NW 76th Street 2L 15,400 11,454 5% 456 11,910 0.77 2.96% 3.00% no - NW 76th Street to Lindell Boulevard 2L 15,400 3,804 10% 913 4,717 031 5.93% 3.00% yes yes Clint Moore Road Congress Avenueto Boca Raton Boulevard 4LD 32,700 10,637 1% 91 10,728 0.33 0.28% 3.00% no - MilitaryTrail Clint Moore Road to Unton Boulevard 6LD 49,200 33,463 2% 183 33,646 0.68 0.37% 3.00% ~ no - Linton Boulevard to Atlantic Avenue 6LD 49 200 36155 2% 183 36 338 0.74 0.37% 3.00% no - Note: 11-95 AADT values represent 2009 AADT obtained from the FDOT Florida Traffic Online website as 2010 counts were no[ readily ava ilable. ZDally project trips based on maximum tripgenera tion potential of proposed future land use. K:iWPB TPfOi85294iambi2010iDelint Property) Exceli(MASTER-Delint_CPA-S.xls]T3-Exist ®2010,Kimley-Horn and Associates, Inc. 7/1/1010 k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 1 1 ~n Kimley-Horn Traffic Impact Analysis ~~L~ and Associates,lnc. SHORT-TERM (2015) HORIZON As previously noted, the site is currently vacant. Therefore, the net-increase in daily trip generation potential is 211 net new external AM peak-hour trips and 973 net new external PM peak-hour trips. For the purposes of this analysis, the same radius of development influence and significance thresholds from the existing (2010) analysis was utilized. Significance was determined in accordance with the Test 2 LOS E service volumes indicated in the Palm Beach County TPSO. As indicated in Table 4, the following roadway segments are projected to be significantly impacted by the proposed development. ^ Linton Boulevard from Congress Avenue to Federal Highway ^ Lindell Boulevard from SW 10`h Avenue to S. Dixie Highway ^ SW 10`h Avenue from Lindell Boulevard to Linton Boulevard ^ Old Dixie Highway from Linton Boulevard to SE 10"' Street ^ Federal Highway from NW 76`h Street to Lindell Boulevard ^ Ocean Boulevard North of Linton Boulevard ^ Swinton Avenue from SW 10`h Avenue to Atlantic Avenue ^ NW 2~d Avenue from Clint Moore Road to Lindell Boulevard The AM and PM peak-hour project trips were assigned to the surrounding roadway network within the study radius. Background traffic was projected for all significantly impacted roadways by applying cone-percent annual growth rate plus committed development trips as indicated by the Palm Beach County Traffic Performance Standards (TPS) database. Future total volumes were then compared to the generalized service volumes at each roadway's adopted level of service. As indicated in Table 5, all significantly impacted roadways operate acceptably at LOS E or better. k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 12 C ~ ~ Kimley-Horn Traffic Impact Analysis ~ and Associates, Inc. TABLE 4 SHORT TERM (2015) SIGNIFICANCE ANALYSIS WATERFORD COMMITED LOSE PROIECTTRIPS PROJECT IMPACT ROADWAY SEGMENT # OF GEN. SVC. % ASSIGN- AM pM % SIGNIF- LANES VOLUME MENT ICANT2 Linton Boulevard Jog Road to Sims Road 4LD 3,270 2% 4 19 0.58% no Sims Road to S. MilitaryTrail 6LD 4,920 3% 6 29 0.59% no S. MilitaryTrail to Homewood Boulevard 6LD 4,920 8% 17 78 1.59% no Homewood Boulevard to Congress Avenue 6LD 4,920 14% 29 136 2.76% no Congress Avenue to I-95 6LD 4,920 26% 54 253 5.14% yes I-95 to SW 10th Avenue 6LD 4,920 30% 63 292 5.93% yes 10th Avenue SW to SW 4th Avenue 6LD 4,920 30% 63 292 5.93% yes SW 4th Avenue to Old Dixie Highway 6LD 4,920 30% 63 292 5.93% yes Old Dixie Highway to Federal Highway 4LD 3,270 20% 42 195 5.96% yes Federal Highway to S. Ocean Boulevard 4LD 3,270 10% 21 97 2.97% no SW 10th Street Congress Avenue to SW 10th Avenue 4L 2,450 1% 2 10 0.41% no SW 10th Avenue to SW 4th Avenue 4L 2,450 1% 2 10 0.41% no SW 4th Avenue to S. Swinton Avenue 4L 2,450 1% 2 10 0.41% no S. Swinton Avenue to S. Dixie Highway 4L 2,450 1% 2 10 0.41% no S. Dixie Highway to SE 5th Avenue 4L 2,450 1% 2 10 0.41% no SE 5th Avenue to SE 6th Avenue 4L 2,450 0% 0 0 0.00% no Lindell Boulevard SW 10th Avenue to S. Dixie Highway 2L 1,550 30% 63 292 18.84% yes Congress Avenue Clint Moore road to NW 82nd Street 6LD 4,919 4% 9 39 0.79% no NW 82nd Street to Linton Boulevard 6LD 4,920 6% 13 58 1.18% no Linton Boulevard to Lowson Boulevard 6LD 4,920 6% 13 58 1.18% no I-95 Yamato Road to NW 82nd Street 8LX 13,420 0% 0 0 0.00% no NW 82nd Street to Linton Boulevard lOLX 16,980 2% 4 19 0.11% no Linton Boulevard to Atlantic Avenue lOLX 16,980 2% 4 19 0.11% no Atlantic Avenueto Wool bright Road lOLX 16,980 0% 0 0 0.00% no SW 10th Avenue Undell Boulevard to Linton Boulevard 2L 1,550 60% 125 584 37.68% yes Old Dixie Highway Lindell Boulevard to Linton Boulevard 2L 1,550 2% 4 19 1.23% no Linton Boulevard to SE 10th Street 2L 1,550 10% 21 97 6.26% yes Federal Highway Jeffery Street to NW 76th Street 4LD 3,270 10% 21 97 2.97% no NW 76th Street to Lindell Boulevard 4LD 3,270 17% 36 165 5.05% yes Lindell Boulevard to Linton Boulevard 4LD 3,270 2% 4 19 0.58% no Linton Boulevard to SE 5th Avenue 4LD 3,270 10% 21 97 2.97% no K:~WPB_TPT0~85294~am6~2010~De1intProperty~Excel~(MASTER-Delint CPA-I.xIsJT4-Short 7/1/2010 O 2010, Kimley-Horn and Associates, Inc. k:\wpb tpto\85294\amb\2010\delint property\report\comp plan report.doc ~ Page 13 C _,~ Kimley-Horn Traffic Impact Analysis ®_ and Associates, Inc. TABLE 4 continued SHORT TERM (2015) SIGNIFICANCE ANALYSIS WATERFORD COMMITED LOSE PROJECT TRIPS PROJECT IMPACT ROADWAY SEGMENT # OF GEN. SVC. % ASSIGN- AM PM % SIGNIF- LANES VOLUME MENT ICANT? SE 5th Avenue Federal Highway to SE 10th Street 3L0 2,950 5% 11 49 1.66% no SE 10th Street to Atlantic Avenue 3L0 2,950 3% 6 29 0.98% no Atlantic Avenue to NE 4th Street 3L0 2,950 1% 2 10 0.34% no SE 6th Avenue Federal Highway to SE 10th Street 3L0 2,950 5% 11 49 1.66% no SE 10th Street to Atlantic Avenue 3L0 2,950 3% 6 29 0.98% no Atlantic Avenue to NE 4th Street 3L0 2,950 1% 2 10 0.34% no Ocean Boulevard South of Linton Boulevard 2L 1,550 2% 4 19 1.23% no North of Linton Boulevard 2L 1,550 6% 13 58 3.74% yes Swinton Avenue SW 10th Avenue to Atlantic Avenue 2L 1,550 6% 13 58 3.74% yes Atlantic Avenue to Lake Ida Road 2L 1,550 2% 4 19 1.23% no Lowson Boulevard S. MilitaryTrail to Homewood Boulevard 4L 2,450 1% 2 10 0.41% no Homewood Boulevard to Congress Avenue 4L 2,450 1% 2 10 0.41% no Atlantic Avenue Barwick Road to Congress Avenue 6LD 4,920 0% 0 0 0.00% no Congress Avenue to I-95 6LD 4,920 0% 0 0 0.00% no I-95 to SW 8th Avenue 4LD 3,270 0% 0 0 0.00% no SW 8th Avenue to Swinton Avenue 4LD 3,270 0% 0 0 0.00% no Swinton Avenue to U.S. 1 2L 1,550 0% 0 0 0.00% no U.S. 1 to Ocean Boulevard 4L 2,450 0% 0 0 0.00% no Boca Raton Blvd/NW 2nd Ave Clint Moore Road to NW 76th Street 2L 1,550 5% 11 49 3.16% yes NW 76th Street to Lindell Boulevard 2L 1,550 10% 21 97 6.26% yes Clint Moore Road Congress Avenue to Boca Raton Boulevard 4LD 3,270 1% 2 10 0.31% no Military Trail Clint Moore Road to Linton Boulevard 6LD 4,920 2% 4 19 0.39% no Unton Boulevard to Atlantic Avenue 6LD 4,920 2% 4 19 0.39% no K:I WPB TPTOI85294I ambI2010I Delint Property) Excel) (MASTER-Delint CPA-l.xls)T4-Short 7/1/2010 O 2010, Kimley-Horn and Associates, Inc. k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 1 4 C ®/~ Kimley-Horn Traffic Impact Analysis a __ and Associates, lnc. w M J ~ m O Q ~~ f" C W H H M1 N ~ w ~p11 yy! 16~! V01 y0l~ d ~ C H A >. >. T A T >~ >~ T T >~ T >~ H Vf u ~ T Ol lD V1 l0 I~ 00 n n V1 O tll Q1 l0 O 00 N 00 lf1 Vl Vl ~O ~"~ V1 a0 f/1 ; N O O O O O O O O O O C 0 0 ~ g tD n N T .-~ o, oo m oo m ~ N O n I~ a 7' n '-' ~ O o to ~ '^ ~ d F ~ LL ~ r~1 1~ ~ 00 f/f V M T ~-i n O ~ N .--I ~ N ~ O N N .-I ~ 7 .y O O ~ ~ I~ 01 l0 m N 01 Ol N ti N a ~ O lD N u1 00 m f~ W Nl O .-~ V ~ m m rv N r+ ~ .~ N . i -+ 'o m ~n o .~ ~o o m ~ m c m m .~ ~ '* .-~ N n m v m ~ < ~ m ~ ~ o ° o c . . m M o -1 ~ ~ ~ rn N t+l M N N . N w ~ ~ n ao ~ n ~ .ti n O~ GO .~. O .-. O ~.,~ .y. o N c .-~ ~ O .-~ ~ O N •' ~ N M M N N .-I H N r1 E 7 V ~ Q .--1 N N ~ e-1 00 00 N ~ ~ t0 a0 r1 t c 0 v n r n~ c v r~ o ~ .~ o~ j Q .~i .~-~ .~-i ti O ~ .ti a m N (n ~n .~ ~ L ° ' 01 o ~ ~ ~ ~ \ a a' ~ ~ ~ 0 0 - ; .a o~ 00000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 t7 '+ .-i ri '-i .-i ri .-i .-i .-i '+ .-i .-~ '. mr 5 ~ 3° ~ 2° ~° ~ ;2 a° 3° ~ e 2° o ~ '~ d > o m .~ o~~ o m .~ m m n rn n m n a n N ao o ~o N O .-~ rn N r~ a a° n ~ N ~ O o ~ _~ a n m~ m m r ~ H1 ~ r1 o V I~ m n 0 ~ R O .~ N f~'1 N N N ,.y N N N ~ CC N ti n n lD G Q OD Ol T Y~l 01 00 00 N 00 N fI1 Ot ~ ~ N Vl N l0 Ol 01 Ol N N N N N a ~ vMi m m m m m ono n ~ ~ ~ ~ ~ N m n R Q~ C F d N N N N N N Vl .--I O R~ ~ R Rl M t'~1 N M lD N N N ~ 1~'1 M ti ti .~i r-1 a Q Vl lp lD lO V 'y W c W~ L O O O O O O O O O O O O O h N~ J OJ W O N N N N n 01 Ol Ol Ol N a O C R f~'1 ~ Vl 'i N V1 N /1 V1 N n N n'1 ~ ~ N ~ M N /1 vl ~ ~ ~ ~ W t LL~ 0 0 0 9 9 J ~~ J N J N J N o ~ N N J N N C R Q W C l D O u > > A ~ 3 > ~ .v v m v v r 3 ° ~ t ° fO 3 3, - ~ „ > ~ c ~ > Z _ y m = ~ ~ ai > ~ v W > S- ~ ~ [~ C N L 7 m Q u t J m ~ W L ~ X~ 'X O O ~ C d n - 3 ~ - Z r Q ~ ~ v o v, c m ~ a J 3 O j y 0 ' Y 0 O J O ~ O N o " D a s N Q O N °c' ° 3' =°3° ~ ~ ~ ~ >> ~ > O w m o "3 'c Z O O s° v v > 3=> w> d '^ ,~ v Q m X a s c o r a m m o 3 m L t > J ~ d w ~ a .~ r m `o o L 7 ~ W ~ Q w ~ ~ Q- S w C GO l0 ~ > 3 Q p C O ~ lD n p m S~ O eL e0 ,ti L 01 v = O 1 ? p Y ` a .ti ~ ~ 3 p u~~ 3 0 m v~i ,oy ~ ~ ~ y i Z o ~ Z C ~ u Z 3 ~ v ~ '3 a J J IA O W O V1 m O O Q G O G 2 Y d 0 N O k:\wpb_tpto\85294\amb\207 0\delint property~report\comp plan report.doc ~ Page 1 5 C ~ ~ Kimley-Hom Traffic Impact Analysis ~ and Associates, Inc. LONG-TERM (2035) HORIZON The net-increase in daily trip generation potential between the existing and proposed FLU designations is 1 ,772 net new external daily trips. The radius of development influence and the significantly impacted roadway links were determined based on Policy 3.5-d of the Palm Beach County Comprehensive Plan. For this analysis scenario, the radius of development influence for the existing analysis is one mile because the increase in trips is between 1 ,001 and 4,000 daily trips. Year 2035 model volumes (see Appendix C) were obtained from the Palm Beach County MPO for each of the study roadways within the one-mile radius. Then, the model volumes were adjusted to AADT by applying the model output conversion factor (MOCF). The daily project trips were then assigned to the surrounding roadway network within the study radius. The future total volumes associated with proposed future land use were then compared to the generalized service volumes at each roadway's adopted level of service. As indicated in Table 6, the following roadway segments are significantly impacted by the proposed FLU amendment. ^ Lindell Boulevard from SW 10m Avenue to S. Dixie Highway ^ SW 10`h Avenue from Lindell Avenue to Linton Boulevard Therefore, a level of service (LOS) analysis was performed to evaluate the operating conditions of the significantly impacted roadways. As indicated in Table 7, all significantly impacted roadways are projected to operate acceptably at LOS D or better. k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 16 ~ Kimley-Horn Traffic Impact Analysis ~~^ and Associates,lno. TABLE 6 LONG TERM (2035) DAILY TRAFFIC SIGNIFICANCE ANALYSIS WATERFORD ADOPTED LOSD PROJECT TRIPS PROJECT IMPACT ROADWAY SEGMENT # OF GEN. SVC. /ASSIGN- DAILY % SIGNIF. SIGNIF- LANES VOLUME MENT TRIPSl THRSHLD. (CANT? Linton Boulevard Homewood Boulevard to Congress Avenue 6LD 49,200 14% 248 0.50°~ 3.00% no Congress Avenue to I-95 6LD 49,200 26% 461 0.94% 3.00% no I-95 to SW 10th Avenue 6LD 49,200 30% 532 1.08% 3.00% no 10th Avenue SW to SW 4th Avenue 6LD 49,200 30% 532 1.08% 3.00% no SW 4th Avenue to Old Dixie Highway 6LD 49,200 30% 532 1.08% 3.00% no Old DixieHighwayto Federal Highway 6LD 49,200 20% 354 0.72% 3.00% no Federal Highway to S. OceanBoulevard 4LD 32,700 10% 177 0.54% 3.00% no SW 10th Street Congress Avenue to SW 10th Avenue 4L 24,500 1% 18 0.07% 3.00% no SW 10th Avenue to SW 4th Avenue 4L 15,400 1% 18 0.12% 3.00% no SW 4th Avenue to 5. Swinton Avenue 4L 15,400 1% 18 0.12% 3.00°~ no S. Swinton Avenue to S. Dixie Highway 4L 15,400 1% 18 0.12% 3.00°h no S. Dixie Highway to SE 5th Avenue 4L 15,400 1% 18 0.12% 3.00% no SE 5th Avenue to SE 6th Avenue 4L 15,400 0% 0 0.00% 3.00% no Lindell Boulevard SW 10th Avenue to 5. Dixie Highway 2L 15,400 30% 532 3.45% 3.00% yes Congress Avenue NW 82nd Street to Linton Boulevard 6LD 49,200 6% 106 0.22% 3.00% no Unton Boulevard to Lawson Boulevard 6LD 49,200 6% 106 0.22% 3.00% no I-95 NW 82ndStree[to Unton Boulevard lOLX 182,600 2% 35 0.02% 2.00% no LintonBoulevardtoAtlanticAvenue lOLX 182,600 2% 35 0.02% 2.00% no SW 10th Avenue Lindell Boulevard toUntonBoulevard 2L 15,400 60% 1063 6.90% 3.00% yes Old Dixie Highway Lindell Boulevard to LintonBoulevard 2L 15,400 2% 35 0.23% 3.00% no Linton Boulevard to SE 10th Street 2L 15,400 10% 177 1.15% 3.00% no Federal Highway Undell Boulevard to Linton Boulevard 4LD 32,700 2% 35 0.11% 2.00% no LintonBoulevardtoSESthAvenue 4LD 32,700 10% 177 0.54% 3.00% nc~ Lawson Boulevard Homewood Boulevard to Congress Avenue 4L 15,400 1% 18 0.12% 3.00°h no Boo Raton Boulevard NW 76th Street to Lindell Boulevard 2L 15 400 10% 177 1.15% 3.00% no Note: 'Daily project trips based on difference between maximum trip generation potential of existing and proposed future land uses. K:IWPB_TPT0185194~am612010~Delint Prapertyl Excell(MASTER-L~lin[_CPA-l.xls)T6-2035 ®1010, Kimley-Horn and Associates, Inc. 7/1/1010 k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 1 7 C ~ ^ Kimley-Hom Traffiic Impact Analysis ~ and Associates, Inc. Y Z J v LL LL ~ ~ W f"' J Q J ~ ~ Q Q .--. M O v M1 O Q c O C ~ Z j v F H ~ ~ ~ oo m ~ m n 0 0 J Q J U_ LL ~ ^ m N ~ 0 ~ ~ m ~ H 2 ~ O F `^ ~ YN 1' Y ~ ~ N N Q vl ~ u Q m LL u O ~ ~ ~ ~ ~ o 0 ~ W cWc L O 00 O O J ~ ~ N ~ O vi O ~ ~ LL ~, ? d F U ~ H Q U Q a ~ ~ v LL ~ ~ o 0 0 0 ~ N ~ m m a ~ ao u1 V O Ol m ~ VI J a0 a ~ `^ N O ~ F W ~ h ~° o ~ ~ W O ~ a Q ~ D ~ to ~ W ~ ~ O V O V ~ Z W ~ ~n N u~ --~ > ~ 1 Z p O ~ Q J N J N Q 0 > 3 L c v m j O F = m w a O c C V~ X ~ C J W N ~ O Y 3 ° a ` O v ~ ° v O i ¢' C o oc d r ~ m ~ m _ ~ t -o o ~ O! in 'y 7 3 J to ti C N .O H Q e 0 e 0 2 E Y O O N v 7 "O N d J v v ~a a C m c O C O a k:\wpb tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 1 8 C ~ ~~ Kimley-Horn Traffic Impact Analysis ~ . and Associates, Inc. CONCLUSION The foregoing comprehensive plan traffic analysis has been conducted to evaluate the proposed future land use designation change from the existing transitional future land use to the proposed general commercial future land use on the site located on Alta Meadows Lane approximately 550 feet south of Lindell Boulevard in the City of Delray Beach, Florida. Based on the analyses conducted for each of the three planning horizons required for comprehensive plan amendment analyses (existing, short-term, and long-term), each significantly impacted roadway is projected to operate acceptably. Therefore, based on the analyses within this study, the future land use amendment is expected to continue to allow the significantly impacted roadways to operate acceptably upon buildout of the proposed development site. k:\wpb_tpto\85294\amb\2010\delint property~report\comp plan report.doc ~ Page 19 ~ ^ Kimley-Horn Traffic Impact Analysis ~ and Associates, Inc. APPENDIX A: PROJECT SITE INFORMATION k:\wpb tpto\85294\amb\2010\delint property\report\comp nley-Hom d Associates, Inc. k:~wpb_tpto~85294~amb\2010\delint properry~report~comp plan report.doc ~ Page 2 ~ ~ m M ~ m N + N d N ~ _ `Q~ V 0 0 0 0 ~ a of r d n N1 r fn a N1 ~°+ n Z amo H O ~Yp Q tNn ~ h O O o O .~ „ vni d rNf p d~ em~l O N V n M N ~ N m P O ,~. O~ ~ ~ m h n n N • ~ ~` m O r O O n n d m p d O O O O r V -+ Y O 1P'+ r CrV m N n ~n rt N h r N -. _' ~ N N O~ ~ N a ry r N ~ .N. d h O O O O ~ m ~ v1 Mf m N N ^ d N N N Z G ~ N N a N e~'1 N ~ N ~ ^ a N r oe r vNi O vii ~ N ~ ~ -e ~ $ ~O ~ n P X d o0 m N a N n a .n. X P O X O .~' .r. ed N ~ N 40 a O r ~ e °~ b o ~O m m P N r f~1 N h n N 1 ~1 ~ OD N p. ~ q r Q ~ ~ ~ O n N b ; m „ O ~ N ~ b o n ~ N ~ _O 8 N ~ P r -' ~o -° r n a r o m ~ m ° m ~ ~ ~ ~ ~ P ~ ~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ S ~ a ° S a a P °a P °a a a N _ r O -. ~ O - a ~ A S S _ _ y O O ~ r m p O aro O ~ m ~ N ~ T .~ ~ N d ~ W ~ m ~ p O n r Q a ~ b M a ~ r m e ~ O e 8 a r N N en n n - - - •.• ~ C O a '^ ~ m ° r N .^. V .ae a0 n+ b o s n m ~'+ v°`i N ~o e`~ d .r. t~1 o 8 ~ d ~ ~ m ~ r „ m o e~ m N .n Om. n a~0 ~o O~ pO d ~ p g N O .~ Y n n ~ N .. gy N . . '" . i . . + . ... .-. m O ~ r r ~ np ~ Copp d ~oypD O n O app `O v d ~ ~o tOV ~ edn n e~'1 8 wm1 m y yn~ N o°o ~ o .°. eon O r q " O ~o M - r P Qo ~p N N ~ n n n r ~' y O~ N r n b a O m m '+ M b ~o P N r+ °~ n M n r N < ~° m T ~+ n m r+ n f~ n O .-• r m N r .~ ~. m r n v+ m °~ o O~ m g m _ r d N ~ o N N O~ n N N d ' ~ f v~f ~ n Y e0'1 ^~ ^ , N ~ ~ . N. 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Y fmV n N _, n r ~ n g eP'1 m n h ~ b P n b n O d ~ b O r ^ m P N N N O m N N ~~~ppp d N N ~p b N .N~. O n N ~D N n m d ^ n N N m n O ^' "' d P N ^ N m m d m d ~ n P P N ~ m d N ~ b ^ n d N h ,r P ~ ,.. h .... m N h O m O ~ n O n m O. m P n d h y o O h d ~ N N N .n. N b.. and ~ P N O N a h v < pp.. N d m M d L p ~D O d N M b N N N N n n n d d n d n N W Z N N N N n ^ b O b ^ b ^ ~p ^ b O b ^ b ~ ^ b ^ b ^ b ^ b ^ b A d ^ d ^ d ^ `~ O H LL 0 ~_ m 'd b „ ~ b a ~ h v ~ ~ d i! ~ w b a~ m m x H ~ ~ ~ m ~' ~ $ ~ N me o r ~ < c`~ ~ 9 ~` ~~ c5 < say o ~ z ~ ~ O v ~ 'a ,3 < ~ ~ 8 3 m O x '~° ~ ~_ a m m ~ ro ~ w v v g ~ v '> n 3 0: $ o~ _ Y m m o ,~ w ~ ~ .~ ~ c5 m = G ~ ~ ~ ~ m 8° ~ 9 ~ $ °a o ~ o < ~. o ~ ~ ~ ~ a a ,,, o o a O F x .~ ~ >"' t'.7 Z a .~ < n C7 3 m C7 x b m m m ~ < < < < < < < < < < a < < < < < < N h G7 H H y y h fA t/l (A Vf N ~/J vl f/f fA ~~~ ~zzzzzzzzzzzzzzzzz ~~o~oooooo~~o~oooos~~~ d .Ni d P m d d d O N O N b d O b O O d b N d N N .~ d O N n O N N O ^ O N N N ~ d d d b b b b N b b b b b b b N b b b b `d N N N n n N b b b N N N N N N N N d d d d M v .~. Y 00 O~ N M 0 m T ~C+ G ~ (Q yty ~ h „ T OO N m N m n O~ Al ~ N h _ O~ h W .-. m M N 'Yf m m ~ O omo eYn n ~ p {{~ m P m ^ h m b e ~ m ~p Z } h ... O m h P ~ h ~ N h N N N N n ~+ .M-. N e°n V1 n h vii a n vhi ? e°o r I n m pp ~ m m P ^ m h m Z h v v~ r ~o 3 '^ - ~ o o = ~ ~ ° ~ ~ ~ ~ ~ i N ~ :e b ~ r ~ ~ 'o\. r a I ~ ;~ ~ Q N e N ~ N m O) O `o ~ v/ m ~ M a0 1~ `a ~ ~ SCI N e ~ en h J O ~ °O ^' m - en m ~ a s O N m NO P v m b h h `~O ~ v. m h ~ p m ~ .~ O m r ~O ^ i N i O. O~ O P g O c ~ o ~ ~ ' a ~ c ~ ~ c ~ ~ I o c c ~ ~ a a ~, _ ,~ _ S a ~ ~ h S O O O~ O~ S p° V p O N S O ~ h e1 V h ~ '/p~ p S ~ ~ ~ ~yyPp ^ ~ O O N N ` D ~-^ N N N N N N N N N N M M Mt ~ ~ .~`. ~ ° ~ = ~ h O p O p O p°p P O ~ N .P.. 0 Q m O m ~ N t~ N ~ N m N H N N N N V f ~ N ~ h m N N ~ M M p 0 ~ ~ ~ +~ a ~ m N pp V O ~ a M.• $ ~ p p ~ ~ ~M 0 O N ( ~ N N ~ ^ aN V ~ N fe`I N N tN`! _ N N N N ~ .~ N ~ e n ~ M M N ~ d N ~ N yM e h p~ h P Ml ~ N en „ v~ m h m t~ N Oo m Oho t~ N Q m (h~ N m ~ 1~ m m ee0 ~ y `O N P a0 h m f~ M m O ~ m ~ N m O n ', N n N ~ ^ N N N N N N N N N . . . . . . O ~O ~pO~ b h ~p Y h ~O ~O t~1 ~1 T ~O V N N ~O ~ 1' M N ~ Ns O m f~ Y e p. N O m_ ~y N Y ^ N = O ~ ~ O~ vl = 1~ ~ h m r+ m `O N N N ~ N N N H N N ~ N N N N W ~ a 0 e G e a a e e a a e e e e v N e ~ e O O ~ ~ m m E Is ~ ~ q ~ ~ ~ g < ;,j a i ~ s ~~ g a ~ ~, ~ a ~ ~ ~ e m ~ ~ .~ •~ ~ ~ a ~ v m ~ ,~ a ~ ~ g ~ l ~ a o ~ ~ ~ ~ ~ ~ 9 m w , a a S c3 a v, F v i O C 'O vi w Z y a ... m -p V ~ y ,] ~••' .~. u ~ m = V ' b ~ m iLi ~ .O ~ ~ m ~ m m 0 5 > ? ~ y S a ~ S a° H D ~ '~ ~ $ ~ ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ N ~ ~ m ° m •~ ~ w o ~ ~ ° ~ n°. m r°n ~ m O m ~ a ~ ~ a ~ J aC d oC oC m m mm y y y y 3 ~ ~ ~ ~ ~ 3 ` 3 ` ~ 5 ~ ~ S ~ 3 ` q ~ ~ 4- F 5C S s y W ~ ~ ~ a ` ` ~ ~ ~ ~ ~ ~ W O ~ ~ ~ ~ Ll ~ ~ r fS O O O x O ~ ~ d U d U U ~ :-.7 ~ ~ ~ D O O ~ ~ ~ ~ D D ^ O A ^ O D ~ Op ~ e a b O O ONp b N m O m ~o N b ~ e m m N N O a N N _ N ~ t r1 '1 ~ ~ e Y O r ~ ~ ~'1 e~1 e~f ~'1 e 't ~'f eM i~ N Y d • d O O N m C O L p A a 0 3 O t Y a O C 3 m 0 Z O~ O O N O 7 T a b O 0 O p. O. .. P1 ~ n p T n N a ~ F 7 b O e~0 Y1 a m O fpm O a p N m W M ~ - O P M - ~ a r .~-. N ~ ~ h r m b m ~ < m ~ ~ H Z Q y y N ~ F N O M N ~ Yl ~ O N n ~ h N n ^ a ~ aPO ~ ~ ~ d m f~ m ~ h d m f!7 - N - . - m m ~ m ~p m ~ ^ 0 n r „ r b ~o r N _ ~ ~O W Z eN0 r - d b ,; h aN0 d „' ~m'1 vFi vl n rt '° N T N N a - ~. ~ ~. ... .. '~ h ~ ~ ~ ~ ~ ~ ~ m ~ d N eo Y t~ N ~; b o d ~ ~ a F O _ F a F .p r h er J N m N O~ h N F ~ ~ ~ ~ N h O N d 'O'f N m ~ N P ~ eP'~ H n N .~. yOj P t~'t S S O ~ ~ O O~ g a $ P ~ n O~ ~ n O~ g M O~ ~ n rP 3 ~ ~01~ 3 ~++ P ~ a {OVA 3 ~ P ~ (nom N O~ g ~~V r7 O ~ O N d F n ~ ~ ODD r N fOn d N N m N b ~ N N O~ b _ p pO~~ O N VNy~~ N N ~ ~ ~ IP+ ~. ~. O m N S N fn S O f~ S ~ p 00 = S N S N S ~ S - .r ~ ti O N N vii en O V ~n h N N '^ b N ~~~~ VVVn ~ N n ~ N ~ O N Od. r ~ .hi ~ tV b m N U n OFi .~. S N O e„~f O 1~~ S n O .~. OS N (O~ fy S ~ S ~ yPj ~ (p LL O (V N a ~ N1 O O N ~ ~ n N N f~ N e ' 1 O ~O r N d h O ~ v1 m d N m I~t N N i fd`~ N N ~D r N r ~O ~ ~ ^ h e„n .r N In M h m S .d.. en a ~ b h N O _ N ~O N ~ vi H ~ N ~ O p N ~ r O m N wt n `~O N p ~ T ^' M d ~ F N b r N b ~p V N .~ p O O N d b N r r N ~ ~ ^ ~ O N = rt p r ~ ~ ~ .F-. h ~ P ~ O. ~ N .-. O g O N M1 r ~ m N M1 O O ~ m N ~ N M a O„D N h N n N b O h N Pm h N 01 O N N 1~ Y N t~ h ~ P` r h - m N .r ~ V N F ~O `O ~ •r b b Y n ~ fV m ~ Vl ~ ~ Yf d O N W 5 ~ (] ~ Q ~ Q O Q y~ d N N N N N d d d d a N N O ~ F ~ a G 0 p ~ = m ~ p ~ ~ g ~ ° ~ m ~ ~ ~ ^ ' 0 ~ ~ ~ ~ ~ ~ G b m $ ~ '~ ~ N O ;~ ,g ~" y 3 m ~ T x 3 `~ 3 w w rn m OPGG m J ~ K ~ 'm 5 > ~, e ~ ~ ~ -e6 ~ °o ~ < ~ v 3 m ~ m s` ~ ° b m '' ~ ~ m '' ~ u < ~ ~ ~ ~ ~ 7 ~ u ~ 9 's ~ i m ~ a ~ ~ g ~ ~ 0 ~ ~ ~ ' ~ 3 a1 S m .~ : 3 ° ~ ° v d 5uS aG x LL :.i ::~ N 3 O m o o w A a h m o w . n ~ ~ ~ ~ o .w.i a ~ o a o a a a o ~'' A `~' o c~ a ~ -~~' o ~ w m w ~ w ~ w ~ w ~ w w w w w w w 8 w w w w w wQ v d v v v v v v v > Q F~ O d m h m M m N Q N m h N N n m ~ b m h ~ h V N m < m m d d O m < d N m d N O m d N ~ O~ M d A m w~ O I~ m Pf d h m to N h m f~1 m e'1 m h N fn m Mf d N m M m O ^ b d h `. N 00 4 0. a 0 0 ri 0 0 a; a 'O C ~ ~ N -~ P n a N n r h m b „ ~ ~ P b P ~ ~ .P. N ~ h a ~ ro N ~ n N ~t ~ P a .. v ~ .hn e o m N , O ~ ~ o a $ N ~ a fi - r ° N ~ N r ~ n n ~ n h ebn n a m N a m N • ~ ~ e r m n ~ ~ ° r ~ '~ ~ = h b m N N N N P m ~ ~ P < (A „~, ~1 m ~ b = ~` m b ~ m ro m m ^ N a r ~ P O ~ N P m P b ao h Z } Q n P „ b ~ ~ N P P P 0 r - ~ C _ Y e '1 N ~'1 ~ ry N n fV e ~1 N ^" N n X X `~l° N a h ~ °' 1 h Q n b Y1 a r N `~ ~ . e 1 ~ Y . e 1 Oi N N } ~ - a h - 0 ~ t`~ ~ ~ ~ Q ~1 f ~ N r h f V N 7 O F S S S O S eOeVV O O O ON eOV eOV O ~ eOV O O M ( V C ~ t`'1 M ~ n M h ` v f h O ° $ ~ a a S a a a a a a _ a O Om - r a ro P ~ h N V vbi ~ 8 ~O pp o0 n S Q 8 S n O N -. . r M N ~ N n a 0 ~~ yy ~ O M n Q P aP0 m m ~ `'Ot ~ b N n e n . . - . . m m m .... P b N O O O O O O O O C $ O p n ~ h ~ P M ~ ~ N p b~ N ~ O ~O O N 8 ~D b V p V vmi g 1~ O b r ~ ~ M ~ ? p a M N ~ P m m m ~O b N _ N m O h m h b ~p O h b N m `~ ° ~ ~ } ~ F ~p _ N b b N 0 ~ O -, n V ri N er n m ~ h N b n < ~ m N n O O O ? m ~ pp ~ 0 . ~ M N Q r ~ P O P n m P h m ti `~ N P "f N Y . . O S~ p S ~ .y I ~p ~ ' ~ ~ ^ ~ b h ? ~ "" m b ~p ~ 7 N r i `^ W p p p q D q D O D .,~ r X m X w X X X X ~ Z ~ e N N v v a a v e ~o ~o ~o m m m ~o ~o o 0 °~ 9 s v v ~ m a e~ C~ s F ~ ~ ~ V ~ ~ $ ~ m S o G S < m ~ A 8 ..~~ O ~ ~ o a ~. ~ ~ ~ ~ w u 5 ~ ~ .9 ~g o ~ a ~g ~ ~ 5 ~ H ~ < m ~ s n ~ ~ w ~ p a p o0 0o h h ~ ~ ~ ~ ~ ~ ~ ~ a S ~ ~ ~ ~ o C '~ °o O O O O O O O O O O O x ~ O ~ ~ ~ O ppO.. pOpr,. ppO.. pOp.. pO. po. pO, O O q ~ ~! S Y 2 w W ~" ~ ~ a a a a a a a a ~ x ~ x x S S x S x x S x - - ^~ ,,, ... P - .- - - n P ~ a ~o m m n o m ~ r r g ~ ~ v ~ e a ~ v a a °.~ ~ e ~ ~ e n h r M ~. Y • a a ° 0 N O o 0 N b n vri n a .~i ^ ~ ~ n n m ~ ~ ~ ~ ~ V n m '~ m Y a = ro < r < aPO N e°e N e r v P ° r ° m ~ r °_ O~ N b C v ~ r T a = ~ - N r ~ 2 Y i '+1 ~ O N - - r ~p O ~ N ~" ~ _ O. eS~1 ry - fNV - ~ N N e0 N N n O~ N d N+ O ... ~ r N d Ce'1 P N a C! N O m `S m H ao ~ - f'~ - ,n vii . e~'~ O~ ~ oo O~ N P1 ^' ~n t'1 P r m r ~O ~'1 O T N "' r r N vNi r ~n e'f V O. ~ O y .- ~ o O W m ~ N ~ r+ ~ ~ ~ n a h ~ a m a o ~ ~ ~ S ~ o `~ V .~i m v r vi ~ N - - v v°i o Z zT Q N N ~;,~ Y O Y yp pNp P N •N-• N ro N r N V N O, N ^, N S O O, V ~ ~ b N N ~"~ r N ~ ~ o r Y ~ Y e ° `" °~ cj v •~ i & a ; ~ n -; ~ e a a~ °v o •°.°• _ a ti ~ = °„'. a q ~ ~o _ v ~o e ~ ~ :~ m ri a q a n v: ~ r~ a ~4 0 ~ ~ ~ a ~ N pp ~ Y gyp O P ~ bN y N p 7 ~ n ~ ~ „ v ~ ~ ~ N N N N 01 ~ O O~ S P S O~ O O~ S eo i O~ O ~ n ,%+ P S N ` a n P O ~ vi ~ O~ S ~ ~-+ a P S ~ ao ~ pp~ O ~ r_ A O~ S ~ ~ a P S ~ _a a O r-a \ n ~ O ~ vi ~ O e~ \ n ~ pp~ O ~ ~ O~ O C to .~ T S ~ Opp O C N ~, O~ S ~ O~ S ~ - P O O a O m O (V r N V a ~ ~~aop O N y r ~'+ ~ ,e ~ ro .-.. V ~ h N N N ° ~'1 ~ e~~t pm Y c ~ S ~ a ~ ~ n ~ ~ ~` ~ vri fly ~ N c°V N ~ N ~ < O < a0 N r a O O~ r ~ Q ~ N n x+ N m o^f S ~ y pp ~D O_ x O ~ V N O y N ~D U p N ~ a ern Y ~ N ~ ~ r^i - ... --' g N n a n g „ a ° g a .~+ ^ ° N ° h O N ~ P ~p ~ M a N h r O - h n - aD N ~ r ~ O~ h N y O NCO .... ~'f M r N < a r b ~ N ~O M „ ~ N b N - r ~ y ~ ~ ~ PI ~ e1 - aS0 ` ' ~ O N `O N a r ~ pa S N ~ m - ego h .. ~D h - a N ... ~ O .~ m ~ r N a ~ a - n ~Op O ~ V O P1 .rPi r .~ N N °° a ~ Y ~ V ~ rPi ~ .N+ N N W Q2 J 41 ,o .n .n n r O a N A v O a a v .+ ~O q b ~O D ~o A ~o A ~o D a < N N O v D e Q v O F f O Q v ~ ~ t ~ u o ~ m m ~c ~ °' ~ $ ~ c~i ~ .~ ~ ~ ~ x v ~ o o O 3 ~ a ~ ~ ~ a 9 ~ J ~ b ~ ~4[ PSG d s j ~ m > a .~~. > ~ ~7 ~ 'a u d v~ ~ < a ~ ~ s` m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '° $ ~ ~ ~ m m 6 _ $ m ~ 7C .°.~ tt a m° C7 x ° ° ifi ~ x U ~ °- O U .°.~ nm. ~ °= a a a a ~ m p pp qQ pQ qq W~ W~ p p^ pQ n: aC aC o4 `,'~ p q Q Q p S S o: oC d ~ > > >° > °> >° >° > .~.~ p q ZZU V UzZ v m m m m ~ m PaC m m F F ~ oC d of W ;Z Z ;Z Z ;L Z Z Z O < fn ~n yr F F dd (3~ O O O O O O O O ~n zd z< < < < ~ ~ O O O p~ .... r ap Y Y O b ~ N O ~D .~. r O~ ~ -. O N ~ O b ? ~ V h N Y ~ Y vii h v~l Y~f vNi h N N n ~ N b ~ b w. N Y m a Of O N m t O L h • 0 0 t Y 1 O C 0 t 3 m 0 e. 0 0 0 a r '~ O ~ ~ m ~ m N ~ Al ~ N ~ N ~ c M a - ~ m m o 0 0 0 0 0 0 N W m aPO m N m ^, - ~ m o0 a 0 m - ^ ~ ~ 0 0 0 0 0 0 0 Z Q ~D O r N m r ~o ~O < $ ~O a A ~ ~ ~D ~'+ ~, v P ^ N • m 2CCC eNp N O ~p ~ O O a ~ N ~ ~ ~p ~ N r N O O O O O O O O m . . N (V m .~. m N ~ O P O N pp V N 7 ~ P m N a~0 O N h ~ O ~ O O O O O O O Z y ap ~o r Qp v m v r a ~o < o. ~ m N N :~ yi vi ~ ~p a e r n ~ .~ ?; N V P a m m ?; r - ~ ~ T N r :e N ~o 2; N N e m a a ~ ?~ ^' ~ _ J m ~o .-~ v r a ~o o m v ~ n .-. vi r ~o h n V N r 'e ~o n v m N o n ~ ~ V N r ~ a V N ~ a~ ~ ~ pp~ O pppp~ ~ pp~ Cj p. ~ ~ P ~ OP ~ ~ 00 O. p O O. ~ T G p ~` 8 ~ p~ O O ~ p~ O ~Op O O ~ p~ O O ~ N N ~ r h m ~ i IPl1 r b P b P n r h m h ~~a~Opo V < ~D vp_~i 'O' P ~ h N g .-. V ~ ~ .m. ~ N m ~ ~O .r. ~~'t - b •N• ~ O ~ N O. r v~ .N. ~ r ~o f0~1 O. r ~o h m v 8 b ~o O. ~ m ~o ~ ~ O~ N v~ ~ m O v O. YI m ~o O. m ~o ~D r .~ ~D m m .-. b N P O ~O O ... N 1~1 ~D .-. r ~ N O h eV N P m ~.. O N ~` ... ~ pp T ^ ^ r ,,,, ' ^ ~p O N m Q N vi m b m N ~D a ~ b h - `d o N r m N r a m ~ N m N a s r ^v^ U ^ ~O r ~O < o~ m m ~o N ~, N ~o r N N o O o N O ~, N o ~ a ~n O i a r m ~+ < } h N m h ~ b ~ r ~ ~ r Y AI ~ `O N h m O ~ r V b .f O. b ~ O~ 7 O m m V N N m ~ r ~ r V N r O N O. Y ~ N r T N O ~ m ^' ^ ~ O N ~ h vl O h T N V ~ 1p Y r T a r 0~0 b r P .r-. r N 8 ~y v+ p. „ oP0 h r O ~ b h N r h < m N V P O O~ ^ m N N N O r ~ h ~ T ~ P O N ~ • ~G N O r r ^ H ~'1 °.~ r .r. N W ^ m ^ m ^ m O m ^ m ^ m ^ m ^ m m m ^ ~o ^ m ~., h N ^ d ^ a ^ v .n ^ v ^ a ^ a W _> 9 m ~ m > L o _ w ~ ~ F ~ ~ m ~ ~ ~ ~ ~ ~ s m ~ ~ ~ ~ ~ r m~~ ~. m .., U a~ x ti r ~o u m a b °a ~ n ~. °a w r '~ ~ ~ ° ~ p .o i ~ > v ~ .~ C 3 9 rX ~ u a ~ b F a < V y a a ~ in a ~ -' a ~ m ~ ~ °~ s u ={ o 's _ ~ o C ~ ~ ~ QQG vi 5 - y~y C ~ V~1 m N ~ f4 ~ .~ b U ^ ~ 111iiiF ~ r.1 U m N U ~ C7 Z ~ a a a a ~ a a a a a ~ ~ ~ ~ ~ ~ m m m w mm m m m m m m m ~ z z w w w ki uJ w w w w w ni w O O O m m m m m m m m m m m m w ,~~ w w ~ y ~ ^ x ~ °x~ x° x° a ° °x °x °z °x ~ ~Wyu~~yy cw~yy ~W~y uw~ Hwy Hwy t~Vyy Hwy tmy Ww twy °m m° m ~ O ~ ~ O O ~ O w SE ~C ~L SL X X X ~L Y 74 YG 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 Q a m ~ r - n n a r .-~ r a r a o N o o ~o o N < r o o r ri o o ~ - n N N - r r o ~o ~o ~o F ~ ^ < •~ ~ 'a ~O ~O N m oo h ~O V n m m O~ m m h M N n M e'1 r'1 ~ M M M n h ~D ~O ~O ~O ~O ~O ~O I~ I~ u m w 6. rn 0 0 N O d r w v f~ ,~ m o ~.pp h „ a h N ~ N b a ~ pp V v'~i vii r ~ !}'`~~ N erg' ~y q m r = o n n ~ a a°O w m z Q? ° r O P b n r r v ~ = ~O ~ te ~ ~, a N a r N ~ N ~ ~ o o a r N r ~ r D ~ .-. a P o ~ v i ^ h ~ ^ a n y N 2CC O r < ~ ~ P Q F ~ `G ~ ~ p y e~f vl N N O~ r N O a m h !0 z O ~p N O b n V ~ h a N1 h P1 O N O a O N ~ V N ~' ,_, N ~O vi N a N } P O V r N Y r N T P O r o T ,~., ~ N O .~° h ~ a r ~ ?~ ~ en ^ o o !. ..~ ~ o ~ N o n O: n A N a N N ~ ~ ~ a ~ ~ ~ ^ ao ~ e ~ Y b J O ~ ~ V1 r ~ ~ ~ ~ r ~ N ,o V .N. r .•• r < ••+ r V O~ o M ~o N m r r 00 a r r ^ n ~ h ~ < < T d O! C ~ '.. O~ a O. ~ P ~ O~ ~ PO ~ C °a O M S ~ ~ O ~ r S O a ~ a O ~ ~ S N ~ b rSryi ^ a NNO h a O C a ~ O ~ S `d v1 ~ T ~ ~ ..+ ~ ~O NW ~ ~ O. ~O r O ~ ~O v~ h N ~ h ~ N vii O ~ N r ~ ..+ ~ N ~ ~ v 1 0~p 7 ' O ~ ~ ry ~ ~ b .~. m ..+ ~ ~ ~ b O ... P ~ O r h ~ M r N NN 8 ^' r r r a .-. p + Ov t'1 yy b r aa O vi 1U O N ~ -• a Y1 r eel ~ O Q N ppO Vf T a = ~ !' ~~ ~ ~ ~ 1"1 ~ O O N N ... .n. ~ r ~ 1~1 ~ ~ O ~ N Q a pp a~ V N n o ~ yPj y m p~ ~ r .O. `O tr+f N ~ O b Q N b y P !~'~ b b b r ~ ~ N ~ N P ~• ^ P e1 Or. W V ~ V a f~'1 O ~ h ^ oo h ^ G O r ~ p ~ N W t g N ~ vl ~ V N N N N N N N N N N N N N ~ ~ ~ b O H O K a Q 0 Q' '"' N b s > ~ m > ~ ~ ~ w 7 ~ m ~ ~ ~ ~ ~ a m ~ ~ ~ ~ m m b ~ ~ ,~ ~ O ,_°q g ~ m < o w m 54 ~ m w S U S c~ g ~ m o m S a ~ cg a rvi, > .',~ a v a s ., a ~ °> b w n ~ ~ m ~? = G ~ ~ V x ,°j m ~o ~ Ag m N qo < Ro ~o t~ o :J v ~ m v, F vi u. b] y ~ m° O m .~i v~ = O rn O > .. 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O n ~ N a N N .b. .. n .-. b ... 'iY .-. Z Q 3 V O ~ - d ~ b ~ n v m ~ O O O O O O m ~ N n ~p N ~ N N ^ N r m N d b N N O N N N O f~ m ~ M M ~ < r P O oo N O O O m O r O n m b n m O d N ~ O m m ~ b h P ~ ~ oPO O O ~^ O r d b O~ b b O y m $ ~ O. N M1 m d h N '~ O. O P t~ y f~ Z Q o o d t~ w O a ~ n - M1 h a O ~ N 2 N ro a n ON. N b O O O O O O - N ~ N aro ~ N ~ .M1. X e N e n N ~ ~ ?~ d ~ ~ ~ h ~° M1 r e m e n aT°o .~' P n m n ~ M1 p, tit ~ t~ .-. oC m ~ h O~ ~ O r v n P n ~ b r n oD b P - ~ r+ N n fV ~? m n N Ni r J g ^ n b o a, vt n m n 1+ m n ~ y m O n O~ o ..•• m t~ m ~. n ~ N ~ O M1 O P ... r .-. OM1. ~ ~O ~ a ,n., .. ~ ~ r N N N N r N N O Q O ~ O. ~ O~ 8 ~O P ~ P ~ (~ as ~ O O. 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O N m .„+ b n n O~ O~ 1~ n .N..~ T N n O ~ N d h V n f~ m a n n m oNo N W Z vl N N r~ N n ~ d N N n n n n n n d Q V O d Q d ^ d ~ d ^ d 4 J O H 0 o: LL a 0 a y N ~ ~ ~ m x k P7 y 0 F' o F' ~ c ~ N v ,a < ~ 7 ~ ~ ,d 3 m a 3 ~ O ~ a °~ ~ vwi ~ ~ ~ ~ a Z ~ ~ a !~] v w '~ °> m m > ~ ? 'qw y ~ A < >° > s ~ m ~ ~ S m `a s ~ ~ ~ 'O ~ ~ ~ ~ '~ a T ~ ~ K r ~ ~ ? a ~ `~ u ~ °e v a~ r o~ H o'a <~ a<~ v z~ z~ a a~~ S g p pd C. W pa Q ~ eL' ~, ; 0 > > > a`aC m h o. ~ U C7 C7 ~W~ ~~rrrrr ___- __ N to Vl h y 4~ N Vl N 47 fh Vl N ~ i-- ~ o ° ° x ~ a ~ x a a a ~ ] ~ a ~ V b m M1 M1 p, p. t~ t~ d N O m N O O N m O N N O p N ..+ O O O N d t'~ d dm n N - - O w n d N '~ ~ ~ ti ~ b V n n N V1 N N h N N N N N N ~ m e 4 O Y OY A a °o N O r a '~ O 2009 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 9301 CEN.-W OF US1 TO SR7 MOCF: 0.95 WfiEK DATES SF PSCF L L 04 1 1 01/01/2009 - 01/03/2009 0.99 . 2 01/04/2009 - 01/10/2009 0.98 1.03 3 01/11/2009 - 01/17/2009 0.98 1.03 + 4 01/18/2009 - 01/24/2009 0.97 1.02 + 5 01/25/2009 - 01/31/2009 0.96 1.01 + 6 02/01/2009 - 02/07/2009 0.96 1.01 * 7 02/08/2009 - 02/14/2009 0.95 1.00 + 8 02/15/2009 - 02/21/2009 0.94 0.99 * 9 02/22/2009 - 02/28/2009 0.94 0.99 *10 03/01/2009 - 03/07/2009 0.94 0.99 *17. 03/08/2009 - 03/14/2009 0.94 0.99 •12 03/15/2009 - 03/21/2009 0.94 0.99 *13 03/22/2009 - 03/28/2009 0.94 0.99 *14 03/29/2009 - 04/04/2009 0.95 1.00 +15 04/05/2009 - 04/11/2009 0.95 1.00 *16 04/12/2009 - 04/18/2009 0.96 1.01 17 04/19/2009 - 04/25/2009 0.97 1.02 18 04/26/2009 - 05/02/2009 0.98 1.03 19 05/03/2009 - 05/09/2009 1.00 1.05 20 05/10/2009 - 05/16/2009 1.01 1.06 21 05/17/2009 - 05/23/2009 1.01 1.06 22 05/24/2009 - 05/30/2009 1.02 1.07 23 05/31/2009 - 06/06/2009 1.02 1.07 24 06/07/2009 - 06/13/2009 1.03 1.09 25 06/14/2009 - 06/20/2009 1.03 1.09 26 06/21/2009 - 06/27/2009 1.04 1.10 27 06/28/2009 - 07/04/2009 1.05 1.11 28 07/05/2009 - 07/11/2009 1.06 1.12 29 07/12/2009 - 07/18/2009 1.06 1.12 30 07/19/2009 - 07/25/2009 1.06 1.12 31 07/26/2009 - 08/01/2009 1.05 1.11 32 08/02/2009 - 08/08/2009 1.05 1.11 33 08/09/2009 - 08/15/2009 1.04 1.10 34 08/16/2009 - 08/22/2009 1.04 1.10 35 08/23/2009 - 08/29/2009 1.04 1.10 36 08/30/2009 - 09/05/2009 1.04 1.10 37 09/06/2009 - 09/12/2009 1.05 1.11 38 09/13/2009 - 09/19/2009 1.05 1.11 39 09/20/2009 - 09/26/2009 1.04 1.10 40 09/27/2009 - 10/03/2009 1.03 1.09 41 10/04/2009 - 10/10/2009 1.02 1.07 42 10/11/2009 - 10/17/2009 1.01 1.06 43 10/18/2009 - 10/24/2009 1.01 1.06 44 10/25/2009 - 10/31/2009 1.01 1.06 45 11/01/2009 - 11/07/2009 1.01 1.06 46 11/08/2009 - 11/14/2009 1.01 1.06 47 11/15/2009 - 11/21/2009 1.01 1.06 48 11/22/2009 - 11/28/2009 1.00 1.05 49 11/29/2009 - 12/05/2009 1.00 1.05 50 12/06/2009 - 12/12/2009 0.99 1.04 51 12/13/2009 - 12/19/2009 0.99 1.04 52 12/20/2009 - 12/26/2009 0.98 1.03 53 12/27/2009 - 12/31/2009 0.98 1.03 ~ PEAK SEASON 04-FEB-2010 18:42:29 830UPD [1,0,0,1] 4_9301_PKSEASON.TXT 2009 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 9300 EAST- AlA TO US1 MOCF: 0.89 WEEK DATES SF PSCF 1 01/01/2009 - 01/03/2009 0.99 1.12 2 01/04/2009 - 01/10/2009 0.96 1.08 3 01/11/2009 - 01/17/2009 0.93 1.05 * 4 01/18/2009 - 01/24/2009 0.92 1.04 * 5 01/25/2009 - 01/31/2009 0.90 1.02 * 6 02/OI/2009 - 02/07/2009 0.89 1.01 * 7 02/08/2009 - 02/14/2009 0.88 0.99 * 8 02/15/2009 - 02/21/2009 0.87 0.98 * 9 02/22/2009 - 02/28/2009 0.87 0.98 *10 03/01/2009 - 03/07/2009 0.87 0.98 *I1 03/08/2009 - 03/14/2009 0.87 0.98 *12 03/15/2009 - 03/21/2009 0.87 0.98 *13 03/22/2009 - 03/28/2009 0.88 0.99 *14 03/29/2009 - 09/04/2009 0.89 1.01 *15 04/05/2009 - 04/11/2009 0.90 1.02 *16 04/12/2009 - 04/18/2009 0.90 1.02 17 04/19/2009 - 04/25/2009 0.93 1.05 18 04/26/2009 - 05/02/2009 0.96 1.08 19 05/03/2009 - 05/09/2009 0.99 1.12 20 05/10/2009 - 05/16/2009 1.02 1.15 21 05/17/2009 - 05/23/2009 1.04 1.17 22 05/24/2009 - 05/30/2009 1.05 1.19 23 05/31/2009 - 06/06/2009 1.06 1.20 24 06/07/2009 - 06/13/2009 1.08 1.22 25 06/14/2009 - 06/20/2009 I.09 1.23 26 06/21/2009 - 06/27/2009 1.10 1.24 27 06/28/2009 - 07/04/2009 1.11 1.25 28 07/05/2009 - 07/11/2009 1.12 1.26 29 07/12/2009 - 07/18/2009 1.13 1.28 30 07/19/2009 - 07/25/2009 1.12 1.26 31 07/26/2009 - 08/01/2009 1.12 1.26 32 08/02/2009 - 08/08/2009 1.11 1.25 33 08/09/2009 - 08/15/2009 1.11 1.25 34 08/16/2009 - 08/22/2009 1.12 1.26 35 08/23/2009 - 08/29/2009 1.12 I.26 36 08/30/2009 - 09/05/2009 1.13 1.28 37 09/06/2009 - 09/12/2009 1.14 1.29 38 09/13/2009 - 09/19/2009 1.15 1.30 39 09/20/2009 - 09/26/2009 1.13 1.28 40 09/27/2009 - 10/03/2009 1.11 1.25 41 10/04/2009 - 10/10/2009 1.09 1.23 42 10/11/2009 - 10/17/2009 1.07 1.21 43 10/18/2009 - 10/24/2009 1.05 1.19 44 10/25/2009 - 10/31/2009 1.04 1_I7 45 11/01/2009 - 11/07/2009 1.03 1.16 46 11/08/2009 - 11/14/2009 1.02 1.15 47 11/15/2009 - 11/21/2009 1.01 1.14 48 11/22/2009 - 11/28/2009 1.01 1.14 49 11/29/2009 - 12/05/2009 1.00 1.13 50 12/06/2009 - 12/12/2009 0.99 1.12 51 12/13/2009 - 12/19/2009 0.99 1.12 52 12/20/2009 - 12/26/2009 0.96 1.08 53 12/27/2009 - 12/31/2009 0.93 1.05 * PEAK SEASON 04-FEB-2D10 18:42:29 830UPD [1,0,0,1] 4_9300_PKSEASON.TXT 2009 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 9395 PALM BEACH I95 MOCF: 0.94 WEEK DATES SF 1 01/01/2009 - 01/03/2009 0.99 1.05 2 01/04/2009 - 01/10/2009 0.98 1.04 3 01/11/2009 - 01/17/2009 0.98 1.04 4 01/18/2009 - 01/24/2009 0.97 1.03 ~ 5 01/25/2009 - 01/31/2009 0.96 1.02 * 6 02/01/2009 - 02/07/2009 0.96 1.02 • 7 02/08/2009 - D2/14/2009 0.95 1.01 * 8 02/15/2009 - 02/21/2009 0.94 1.00 * 9 02/22/2009 - 02/28/2009 0.94 1.00 *10 03/01/2009 - 03/07/2009 0.93 0.99 tll 03/08/2009 - 03/14/2009 0.93 0.99 *12 03/15/2009 - 03/21/2009 0.93 0.99 *13 03/22/2009 - 03/28/2009 0.93 0.99 *14 03/29/2009 - 04/04/2009 0.94 1.00 •15 04/05/2009 - 04/11/2009 0.94 1.00 *16 04/12/2009 - 04/18/2009 0.94 1.00 +17 04/19/2009 - 04/25/2009 0.96 1.02 18 04/26/2009 - 05/02/2009 0.99 1.05 19 05/03/2009 - 05/09/2009 1.00 1.06 20 05/10/2009 - 05/16/2009 1.02 1.06 21 05/17/2009 - 05/23/2009 1.03 1.09 22 05/24/2009 - 05/30/2009 1.03 1.09 23 05/31/2009 - 06/06/2009 1.03 1.09 24 06/07/2009 - 06/13/2009 1.03 1.09 25 06/14/2009 - 06/20/2009 1.03 1.09 26 06/21/2009 - 06/27/2009 1.04 1.10 27 06/28/2009 - 07/04/2009 1.04 1.10 28 07/05/2009 - 07/11/2009 1.05 1.11 29 07/12/2009 - 07/18/2009 1.05 1.11 30 07/19/2009 - 07/25/2009 1.04 1.10 31 07/26/2009 - 08/01/2009 1.04 1.10 32 08/02/2009 - 08/08/2009 1.03 1.09 33 08/09/2009 - 08/15/2009 1.03 1.09 34 08/16/2009 - 08/22/2009 1.04 1.10 35 08/23/2009 - 08/29/2009 1.05 1.11 36 08/30/2009 - 09/05/2009 1.06 1.12 37 09/06/2009 - 09/12/2009 1.07 1.14 38 09/13/2009 - 09/19/2009 1.08 1.15 39 09/20/2009 - 09/26/2009 1.06 1.12 40 09/27/2009 - 10/03/2009 1.05 1.11 41 10/04/2009 - 10/10/2009 1.03 1.09 42 10/11/2009 - 10/17/2009 1.01 1.07 43 10/18/2009 - 10/24/2009 1.01 1.07 44 10/25/2009 - 10/31/2009 1.01 1.07 45 11/01/2009 - 11/07/2009 1.01 1.07 46 11/08/2009 - 11/14/2009 1.01 1.07 47 11/15/2009 - 11/21/2009 1.00 1.06 48 11/22/2009 - 11/28/2009 1.00 1.06 49 11/29/2009 - 12/05/2009 1.00 1.06 50 12/06/2009 - 12/12/2009 0.99 1.05 51 12/13/2009 - 12/19/2009 0.99 1.05 52 12/20/2009 - 12/26/2009 0.98 1.04 53 12/27/2009 - 12/31/2009 0.98 1.04 • PEAK SEASON 04-FEB-2010 18:42:30 830UPD [1,0,0,1) 4_9395_PKSEASON.TXT Page 1 of 1 ~F AADT I-95 l: ` Yamato to .,.o. ~:~ -r a~ s Linton .. I ~ /orf~d~ TrrrAc MwrMinp i; - ~ P~ flb~ i Td~nnhr~q Trtwc ~ Monllerl~ fibf +.~ .:•.~ ~u1OT ~/ ~u..tw ° ±. - . -_ ~r ,.~,.,~.» ;., ' N ..,..r,r..» >~M ee•°~ .' :;~ ~ Tdl Rob ~} JJQ~q-I ~ 2D7 Y b ~ rm.b as / : 1 ' ~ ..y~ ^ taU~f w ~ -.~:.~ `~~ ~ ~ Canty un~ i ~ FUOT Ut7~~ Mss jt. i ca+KY foir~d~A~s },t". ti ! }.. i~, ~:. ~q~aa~a ~~ za - Thls map was printed from the FDOT Florida Traffic Online ArcIMS mapping application - i (http://www2.dotstate.fl.us/FlorldaTrafficOnllne/). For more information regarding FDOT Florida Traffic data, please contact the FTI Support Group of the ~I FDOT/Transportation Statistics Office at 800-399-5503 or TDD/TTY: 85 0/4 1 0 5 70 8. For more information regarding the Florida Traffic Online site, please contact the GIS Section Manager of the FDOT/Transportation Statistics Office at 8501414-4848 or TDD/'rfY: 850/410-5708. DISCLAIMER: This product has been compiled from the most accurate source data from the Florida Department of Transportation's Transportation Statistics Office. However, this product is for reference purposes only and is not to be construed as a legal document or survey Instrument Any reliance on the information Contained herein is at the user's own risk. The Florida Department of Transportation assumes no responsibility For any use of the information contained herein or any loss resulting therefrom. http://www2.dot.state. fl.us/servledcom.esri.esrimap. Esrimap?ServiceName=tsofto&ClientV... 6/3/2010 Page 1 of 1 ~: - -~~ P -'a~~'~ ~ ~~ ~ . ~~ AADT I-95~ from Linton " to Atlantic ,. _, ,~._ ~ .~.. ~:~. ~ .,. ~ ~°; ~ T~NnNrMTrdc MkiEOrl~ iHn ~~~ .. r,ti ~t~ ! l~u-1M1 ^/ an • tar `~° Y "i; i~ ~/ ^wt~ tar • ~ PALM OFACN ~ TOr~ ~~ Inrrsrrs ' ~ .' : ' '' ~ ~/ rtwa t . , ~. . ~ N~ . LJk~t .. , ~.by ~~ County UnN Thls map was printed fmm the FDOT Florida Traffic Online ArcIMS mapping application - (http:llwww2. dot.stata.tl.us/Flo ridaTrafficOnlinen. For more informatlon regarding FDOT Florida Traffic data, please contact the FTI Support Group of the FDOT/Transportation Statistics Office at 800995503 or TDDlTTY: 850/410-5708. For more information regarding the Florida Traffic Online site, please contact the GIS Section Manager of the FDOT/Transportation Statistics Office at 850/414-4848 or TDD/TTY: 850/410-5708. D15CLJUMER: This product has been compiled from the mast accurate source data from the Florida Department of Transportation's Transportation Statistics Office. However, this product is for reference purposes only and is not to be construed as a legal document or survey instrument. Any reliance on the Information contained herein is at the users own risk. The Florida Department of Transportation assumes no responslbillty for any use of the information contained herein or any loss resulting therefrom. http://www2.dot. state.fl.us/servlet/com.esri.esrimap.Esrimap?ServiceName=tsofto&ClientV... 6/3/2010 Page 1 of 1 ~'' AADT I-95 ~~. from ;:~ Atlantic to Woolbright Par W. Trrl~c MoNlerirq str. ~.. ~ ~~ s~i r.et~ :1~7 ol~cla9Y= t7 7Z3 ~uvr N ,..,~,.~ N ~.>.~ , ,1' OALN BEACH N r""~-'~0 Tdl Ro.d. rdrr.E~r. ~ N tom. ,.., ~„/ Pov.n 4 . lskks / f CprMp LLn. ~~'•, ^ ~YBoafdtrNs _~ ~ .~ map was printed from the FDOT Florida Traffic Online ArcIMS mapping application - more information regarding FDOT Florida Traffic data, please contact the FTI Support Group of the ~TffranspoRation Statistics Office at 800995503 or TDD/TTY: 85014105708. more information regarding the Florida Traffic Online site, please contact the GIS Section Manager of the ~TlTransportation Statistics Office at 8501414.4848 or TDD/TTY: 850/4105708. CLAIMER: This product has been compiled from the most accurate source data from the Florida ~artment of Transportation's Transportation Statistics Ofllce. However, this product is for reference uses only end is not to be construed as a legal document or survey instrument. Any reliance on the rmation contained herein is at the user's own risk. The Florida Department of Transportation assumes no ~onsibility for any use of the information contained herein or any loss resulting therefrom. http://www2.dot.state.fl.us/servlet/com.esri.esrimap.Esrimap?ServiceName=tsofto&ClientV... 6/3/2010 ^ ~ ^ IGmley-liom Traffic Impact Analysis ~ and Associates, Inc. APPENDIX C: COMMITTED DEVELOPMENT DATA k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc Time Period Direction Existing Volume Peak Volume Diversion (%) Volume after Diversion Committed Developments Input Data ROAD NAME: Federal Hwy STATION: 5840 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: E Linton Blvd GROWTH RATE: -4.86% COUNT DATE: 3/3/2010 PSF: 1 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB 58/WB ;;924 . °,,~8 S19t3' 2542 .~143i3:_ 111[3 - 192 ~ :r18 , . i lA6 :2542 .1438 ~ 13i3 1924 7~#i = ',Y 196 ` `2542 1438 I1Tt7': Ralph Buick 9 Villages at Swinton Square 0 Boca Downtown DRI 46 North Boca Village 44 McDonald's Delray Beach 13 Ed Morse Delray Toyota 48 New Century Commons 4' Maroone Alpha Delray 4 Total Committed Developments 168 Total Committed Residential 0 Total Committed Non-Residential 168 Double Count Reduction 0 Report Created: 07/01/2010 Type % Complete 12 "-2 46 22,- 24 NR 0% _~~: - :~,. ~ Q 0 0. 0 Res.. 0% ~.~5 21 42 ZO 22 NR fl% ~~• z ~~~ 23 22 83 46 ` 37 ~tR ~ ~6 ;~.K,..7 6 5 Z 3 NR 096 . w.~i2 35 ~ 62 37 24. NR 62% ? 2 _ 13 6 7 NR 0% 3 1 5 z 3 NR ~` 30:X.096" _ .. . 84 85 255 135 120 0 0 0 0 D 84 85 255 135 120 0 0 0 0 0 Total Discounted Committed Developments 168 84 85 255 135 120 Historical Growth -424 -160 -264 -560 -317 -245 Comm Dev+1% Growth 266 121 146 385 208 177 Growth Volume Used 266 121 146 385 208 177 Total Volume 2190 849 1342 2927 1646 1287 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. I? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 4LD YE5 1860 1860 1860 186C YE5 YE5 YFS YES 327b 18C-0~ ° 1800~~~'=-3' ~ 70 1800 ~ 180C " ~- YES YE YES YES S YE5-~ AYES 1860 1860 1860 186C YFS YES YES 'YES Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Federal Hwy STATION: 6306 CURRENT YEAR: 2010 FROM: Jeffery St ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: 0% COUNT DATE: NA PSF: 0 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Ralph Buick Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota New Century Commons MarooneAlpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction . D ~ 0 T. _tF 0 " t}:-~ ~ ~ 0 _a 4 2 2 4 3 1 153 85 67 0 0 0 153 85 67 0 0 0 Total Discounted Committed Developments 153 Historical Growth 0 Comm Dev+l%Growth 153 Growth Volume Used 153 Total Volume 153 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test i/Opt. ii? 2-Way LOS E Capacity Link Meetr Test 2/Opt. i7 Class I LOS E Capacity Link Meets Test 2/Opt. ii? YES YES 1860 YES ~2Z+,T 1800 YES YES .1860. YES 5' 2 3 220 99 121 0 0 0 220 99 121 0 0 0 Report Created: 07/01/2010 Type % Complete NR. "096 Res -NR - 0% 0% 'NR :096 .,. '~ :NR 096: '- NR 619€ ~,~~°NR . .0% fi1R __ 30:70% Input Data ROAD NAME: 5 Dixie Hwy STATION: 0 Report Created: 06/30/2010 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: SE 10th St GROWTH RATE: 0% COUNT DATE: NA PSF: 0 Link Analysis Time Period AM PM Direction 2-way NB/EB SB/WB 2-way NB/EB SB/WB Existing Volume Peak Volume Diversions%) Volume after Diversion ~ ~ _o.a; ~ ., ~ ~. ~~ .' Committed Developments Type % Complete 4.8 Acre 10th Street Site 0 Q 0 0 0 ~~ 0 Res f00% Villages at Swinton Square ` " 0 'D 0 0 0 0- Res- , '0%= North Boca Village 16 8 8 29 16 13 NR• 0% - The Village at Delray 3 :0~ 3 4 2 1 Res 0% New Century Commons 0 ~.Q_ ~ 0 '1 T 1 - NR` „_ _ "- `'096 ~:, Maroone Alpha Delray 8 2 _ .=,6 10 .& 4 NR -` 30.70% Total Committed Developments 27 10 17 44 25 19 Total Committed Residential 3 0 3 4 Z 1 Total Committed Non-Residential 24 10 14 40 23 18 Double Count Reduction 1 0 1 1 1 0 Total Discounted Committed Developments 26 10 16 43 24 19 Historical Growth 0 0 0 0 0 0 Comm Dev+l%Growth 26 10 16 43 24 19 Growth Volume Used 26 10 16 43 24 19 Total Volume 26 10 16 43 24 19 Lanes 2L 2-way or Class II Capacity 1460: 8517 S1D 1460 810 ;81:Q Link Meets Test 1/Opt. i? YES YES YES YE5 YES Yi?~ Class I Capacity 860 860 860 .860 Link Meets Test 1/Opt. ii? YES YES YES YE5 2-Way LOS E Capacity 2550 850 850 1558 850 850 Link Meets Test 2/Opt. i7 YES YES, YES YE5 YES. YES Class I LOS E Capacity 890 $90 - , 890 890 Link Meets Test 2/Opt. ii? YES YES YES YES ROAD NAME: S Dixie Hwy CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: 0% Time Period Direction Existing Volume Peak Volume Diversion(9'o) Volume after Diversion Input Data STATION: 0 FROM: Linton 81vd T0: Midpoint COUNT DATE: NA PSF: 0 Link Analysis AM PM 2-wav N8/EB SB/WB 2-wav NB/EB SB/WB Report Created: 06/30/2010 Committed Developments Type 9'o Complete 4.8 Acre 10th Street Site 0 0 0 0 0 0 Res ~- 100% Villages at Swinton Square 0 0 0 0 0 0 Res 0% North Boca Village Sfi 8 ~ 8 29 16 13 NR . R X96 0% The Village at Delray 3 0 $ 4 2 es 1 New Century Commons 0 4 0 1 "1'° 1 NR 0% Maroone Alpha Delray 8 2 6 10 6."- ' 4 NR 30.70% ` . Total Committed Developments 27 10 17 44 25 19 Total Committed Residential 3 0 3 4 2 1 Total Committed Non-Residential 24 SO 14 40 23 18 Double Count Reduction 1 0 1 1 1 0 Total Discounted Committed Developments 26 10 16 43 24 19 Historical Growth 0 0 0 0 0 0 Comm Dev+1%Growth 26 10 16 43 24 19 Growth Volume Used 26 SO 16 43 24 19 Total Volume 26 10 16 43 24 19 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 2L 1460 810 810 14b0 '°8~0 $10 YES YES YES YfS YES YEfi~ Sb0 .860 8~ 860 YES YES YES YES'- 1550 850 850 1550 - 850 850 °?-DES YES YES YES YE5 YES ~~~~ 890' 890 890 890 YES. YES YES YES Time Period Diredlon Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5661 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: S Congress Ave GROWTH RATE: -1.37% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Delray Outpatient Properties Arvida Park of Commerce Peninsula DRI -Non Residential Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Tota- Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 2379: 1352 . ' 1Ck+3 ~6~05 =161.: , .1324•% 23't9 ,.._. 13S? 3.fr43• :.2005 `~I2$1~ ~ ~3Z4 ~ _0 , 0 0 0 _ 0_ :.2379 1s52 ~~ 143- ~ .1~:~- ~~1251° =2324 2I' 4 16 ' 27 ~ "' -5: S 1. 9 25 19 < 5_ Z3 " 3 T .~ 17 13 6 7 45 12 6 6 14 - , 74 36 38 95 ~3 17 6_ 29 176 94 81 255 12 6 6 14 164 88 75 241 3 2 2 4 Total Discounted Committed Developments 173 92 79 251 124 128 Historical Growth -159 -90 -70 -174 -85 -88 Comm Dev+1% Growth 294 161 132 384 189 196 Growth Volume Used 294 161 132 384 189 196 Total Volume 2673 1513 1175 2989 1470 1520 Lanes 2-way or Gass II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 4680 2570- 2.570 4&89 2570 i57Q YES YES.. YES YES YES YES 2790 2790 2790 2790 YES YES YES YES 4920• 2710 2710 4420 ~ ?710 2710 YES YES YE5 YES YE5 YES 2790 2790 2790 2790 YES YE$• YES. YES Report Created: 06/30/2010 Type % Complete NR 50% f~R - `NR 75% 75% NR •0% . NR ~-0% Res 46% NR 0% NR 30.70% 126 130 6 8 120 122 2 2 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5661 CURRENT YEAR: 2010 FROM: Homewood Blvd ANALYSIS YEAR: 2015 TO: Midpoint GROWTH RATE: -1.37% COUNT DATE: 3/1/2010 PSF: 1 link Analysis AM PM 2-wav NB/EB 5B/WB 2-way NB/EB SB/WB Committed Developments Delray Outpatient Properties Arvida Park of Commerce Grand Haven Peninsula DRI -Non Residential Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 38 ` 6 "~, 84 9 75 2 Report Created: 06/30/2010 Type % Complete 7 NR ~'==;50% .. 5 ~NR . _ --.: 75%~ 1.0 Res 596 117 'NR 75% 096 8 NR 25 NR ~ - 0% _. 8 Res 469E 42 NR Q96 18 NR 3Q~709b: 140 18 122 5 Total Discounted Committed Developments 182 99 82 263 129 135 Historical Growth -159 -90 -70 -174 -85 -88 Comm Dev+1%Growth 303 168 135 396 194 203 Growth Volume Used 303 168 135 396 194 203 Total Volume 2682 1520 1178 3001 1475 1527 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity link Meets Test 2/Opt. ii? 237.9 I3S2 2ti43 2i~£7S ~'12~1' ...1324 213° .t3S2;, 104;3:, .2545' 5281 ~3324- ~ X379 - 1352 .11143 .2Fi45 ,:1~~~1. Z~~4.; 21 ~ 4 16 27 5 5 1 5 12 9 3 i6 6LD AS80 2578 2570'._:`.4680-:.2570 2570-' YE5 YES 1'-~....,,._. YES YE5 YES .:2790 2790 - X790 2790 ~~~YES-. -Y,~B YE5 YES 4920 2710 ~-2710 4920 '2710 .2710 YES YES YES YES YES YES 2790. x740 2790 2790 YES YE5 :YE5 YES 188 103 271 132 24 15 30 12 164 88 241 120 6 4 8 3 Time Period Direction Existing Volume Peak Volume Diversions°.6) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5213 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: N Interstate 95 GROWTH RATE: -0.31% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB 2$SZ ; 1393, 5C#i3 2977 1554 ' 1-0Z3 2882' `1313 1St~B 2977 T55A 2423 zasa. :~~<~~- -ssn~t= :977 ~s'ya 1423: Report Created: 06/30/2010 Committed Developments Type % Complete Delray Outpatient Properties 6' 2 NR 5096 Peninsula DRI -Non Residential 3 1 NR 7S9(, Congress Plaza at Delray 25. 27 NR 09° . New Century Commons 20 25 NR- 096 Congress ParkApartments 8 6 Res ~ 4696. Midtown Village ~~ ~ rN~ ~ ~ Maroone Alpha Delray 19 30 NR 30.70% _ Total Committed Developments 120 66 54 221 109 113 Total Committed Residential 12 6 6 14 8 6 Total Committed Non-Residential 108 60 48 207 101 107 Double Count Reduction 3 2 2 4 2 2 Total Discounted Committed Developments 117 64 52 217 107 111 Historical Growth X35 -22 -23 -46 -24 -22 Comm Dev+1%Growth 264 135 129 369 186 184 Growth Volume Used 264 135 129 369 186 184 Total Volume 3146 1528 1637 3346 1740 1607 Lanes 6LD 2-way or Class II Capacity 4680 2570 2570 ~ Link Meets Test 1/Opt. i? , YES YES Y1:S Class I Capacity 2790 2790 Link Meets Test 1/Opt. ii? YES YES 2-Way LOS E Capacity 4920 271Q 2710 Link Meets Test 2/Opt. i? YES YES YE5 Class I LOS E Capacity 2790 2790 Link Meets Test 2/Opt. ii? YE5 TEb-., 257Q YES YES YES 4920 2710,' 271C YES YE5 YES' 2790 Z79Q YES YES Time Period Direction Existing Volume Peak Volume Diversion~9'o~ Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5213 CURRENT YEAR: 2010 FROM: S Congress Ave ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: -0.31% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Delray Outpatient Properties Peninsula DRI -Non Residential Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 2282 - 139:x; iSQB~ :2~?77. ;;554, ,,1Q23.- 21382 ~~3 .1508,`- 2377" 355?t 2423: •2882 339y":; ::1508 2377 x.554, ":2423 Report Created: 06/30/2010 Type % Complete 7 1 5 9 6 2 NR SO% ' 4 1 3 3 3: 1 NR. _ 7546 -. 8 5 3 52 25 27 PtR"::r E196 13 6 7 45 20" ZS NR 0% 12 6 6 14 8 6 Res 46`'6 38 ]:9 20 49 2B 22 NR 096 38- , ; $8 1D X49 19' 30-- .NR - 30:70% 120 66 54 221 109 113 12 6 6 14 8 6 108 60 48 207 101 107 3 2 2 4 2 2 Total Discounted Committed Developments 117 64 52 217 107 111 Historical Growth -45 -22 -23 -46 -24 -22 Comm Dev+1%Growth 264 135 129 369 186 184 Growth Volume Used 264 135 129 369 186 1B4 Total Volume 3146 1528 1637 3346 1740 1607 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. if? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 4680 2570 2570. --A680 .,2570 2570 'YES YES--_ YES YES YES. .YES 2790" _2790:: Y>S' YES 4s2o zno zrlo a9zc YE3 YES YES YES 2790 2790 YES YES ROAD NAME: Linton Blvd CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: -0.10% Time Period Direction Existing Volume Peak Volume Diversions%) Volume after Diversion Committed Developments 4.8 Acre 10th Street Site Villages at Swinton Square North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments Input Data STATION: 5313 FROM: N interstate 95 TO: MIDPOINT COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-wav NB/EB SB/WB Report Created: 06/30/2010 Type % Complete °.-rp 0 0 0 •0 0 Res 1.0096' 0 0 0 0 D 0 Res. 0% - 29 14 15 54 24 '30 NR Q% 16 8 8 7 3 4 wR -:0% 54 40 14 69 27 42 HR :62% 3 2 `1 17 8 9~ ~ "'0% 29 11 12 77 35 43 NR 096 25 12 13 27 25 12 Res 46% 13 6 ` 7 16 9 7 NR 0% 41 68 ~24's 118 46 72 NR 30.70% 254 161 94 385 167 219 25 12 13 27 15 12 229 149 81 358 15Z 207 6 3 3 7 4 3 248 158 91 378 163 216 Historical Growth -15 -9 -7 -18 -9 -9 Comm Dev+1%Growth 398 243 156 559 251 309 Growth Volume Used 398 243 156 559 251 309 Total Volume 3339 1917 1423 4099 1978 2141 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 4680 2570 2570 4680- 2570 1570 YES YES YES YES YJ YES 2790 2790 7790 2790 YES YES YES .YES 4910. X710.. 2710 4920 2710 2750 YE5 YE5 - YES YES YES YES 2790 279II 2790 2790 YE3 :YES;.- YES YES Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Bivd STATION: 5313 CURRENT YEAR: 2010 FROM: MIDPOINT ANALYSIS YEAR: 2015 T0: Boca Raton Blvd GROWTH RATE: -0.10% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments 4.8 Acre 10th Street Site Villages at Swinton Square North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 2942 1G?~ 2267, ,:3Fi4fi'. ".;1727• ":183x' °-29?iZ". `167?° . 1267" • 354E3 -272.7. •3832 291 162~i '32G7' '%35r+D 1727, :+1833:... 16 S $ 54 .40 14 ~= 3 2 1,~ . 23 it 12 25 12 13 13 6 7 91 24 68 254 117 138" 25 12 13 229 105 125 6 3 3 54 24 30 7 3 4 69 27 42. 17 8 9_ 77 3,5 43 - 27 ~ x5.,. 12 16 9' 7' 1T$ 72 "' ~ ~ ";46 385 193 193 27 15 12 358 178 181 7 4 3 Total Discounted Committed Developments 248 114 135 378 189 190 Historical Growth -15 -9 -7 -18 -9 -9 Comm Dev+1% Growth 398 149 200 559 277 283 Growth Volume Used 398 199 200 559 277 283 Total Volume 3339 1873 1467 4099 2004 2115 Lanes 2-way or Class II Capacity Link MeetsTest 1/Opt. i7 Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD '='4689"' "2570 2570 4680 2570- 2570.. ;.'YES YES YES -YES YES YES '2790 - 2790-. 2790 2790 " YES YES -. YES YES 4920 2710._ 2710 4920 27].0 2719 YES YES _~ ~YirS YES ~ YES YE3 2.790 Z79~Q,'~ .2790, 2790 YES DIES YES YES Report Created: 06/30/2010 Type % Complete Res 100% Res 0% NR 0% NR NR 0% 62% NR R tJ96 - 6 N Res _ . 09 .4~6 NR 0% NR 30.7096 ROAD NAME: Linton Blvd CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: -1.36% Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data STATION: 5819 FROM: Midpoint T0: S Dixie Hwy COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-waV NB/EB SB/WB L347 142 915 • ~~2985 13?0 lti~45 .2347 •.1422 ~.R,.S. , 4~sa, '.1370,,. . x,645 x37 2422 '~.~.a 29:85. 137 76451: Report Created: 06/30/2010 Committed Developments Type % Complete 4.8 Acre 10th Street Site 0 0 0 0 0 0 Res 10096 Villages at Swinton Square 0 0 0 0 0 0 Res 0% Boca Downtown DRI 23 ii 13 21 11 1D NR 0% North Boca Village 27 13 ~ 14 51 23 28 IVR 0% McDonald's Delray Beach 16 8- :$ 7 3 4 MR 0% Ed Morse Delray Toyota 54 40- 14 _ 69 27 42 NR 52% New Century Commons 13 7 6 45 25 20 NR 096 Congress Park Apartments 25 12' 13 27 15 Zz Res _. +!t6% Midtown Village 6 3 3 8 5, 4 I>78 0% Maroone Alpha Delray 28 7 21 36 22 14: NR 30.70% Total Committed Developments 192 101 92 264 131 134 Total Committed Residential 25 12 13 27 15 12 Total Committed Non-Residential 167 89 79 237 116 122 Double Count Reduction 6 3 3 7 4 3 Total Discounted Committed Developments 186 98 89 257 127 131 Historical Growth -155 -94 -61 -197 -90 -109 Comm Dev+1% Growth 306 171 136 409 197 215 Growth Volume Used 306 171 136 409 197 215 Total Volume 2653 1593 1061 3394 1567 1860 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i7 Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD 480 2570 2570 4680 2570 2~7U Yf5 YES -YES YES YES YES 2740 2790 2790 2790_ YES YE5 YES 'YES 4920. 2710 '2710 4920 2710 2710 YE5 YE5 -YES. -YE5 .YES.. YES 2790 279D 2790- 2790 YE5 YES YES YE5 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5819 CURRENT YEAR: 2010 FROM: Boca Raton Blvd ANALYSIS YEAR: 2015 TO: Midpoint GROWTH RATE: -1.36% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments 4.8 Acre 10th Street Site Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota Congress Plaza at Delray New Century Commons Congress Park Apartments Midtown Village Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 241' 1!t2~ ` ~ZS ; Z;~~~ ' 1:3 70 . 1Ei45 2337 _14~~• =9JS '29£~~ 1~.7U .2545'` . ,~ .~ . 2347 1422 °':,925';' ~9$`~- °1370 -..1645' Report Created: 06/30/2010 Type % Complete 0 0 0 0 0 0 Res __ ` 100% 0 0 0 0 0 0 Res 0% ` 23 11 13 21 Il 1D NR 0% 27 13 14 51 23 - 28- NR 0% __ 16 8 $ 7 3 _ 4 NR 0% _ - ~~Sg a0 14 69 27 42: 1'VR 62%- ...3 2 1 3Z 8; 9 NR 096 23 11 i2 77 35 43 N R _ ....~.0%- ~ , . 25 12 13 27 15 12 Res '46% b 3 3 8 5 4 NEB 0% 28 7 21 36 22 - T4, NR ~ , 3U.70% 205 107 99 313 149 166 25 12 13 27 15 12 180 95 86 286 134 154 6 3 3 7 4 3 Total Discounted Committed Developments 199 104 96 306 145 163 Historical Growth -155 -94 -61 -197 -90 -109 Comm Dev+1%Growth 319 177 143 458 215 247 Growth Volume Used 319 177 143 458 215 247 Total Volume 2666 1599 1068 3443 1585 1892 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 6LD ~468Q,_~570 2570 .4680 2570 257A YE5• YES YES YE5 YES -YES 2790 .2790 2790 2790 YES YES YES YES 4920' 2710 2710 4920 2210 271Q YES YE5 YES .,YE5- YES YES X790 2790 2790• .2790' YES YES YES' YES Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5813 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: Federal Hwy GROWTH RATE: -3.70% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Cityscape Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota New Century Commons Congress Park Apartments Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 99 12 87 3 Total Discounted Committed Developments 130 71 59 186 90 96 Historical Growth -154 -74 -80 -237 -116 -121 Comm Dev+1% Growth 176 93 83 256 125 132 Growth Volume Used 176 43 83 256 125 132 Total Volume 1071 524 547 1637 802 838 Lanes 2-way or Class I! Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? a95 ~a1 ~ •i3a~_ .,,~~ 706 - 8~35 431, _~1~,~" ..1s"31 -.677" 706 : ..8'35 ` 431 4E>C ~ 13$1 677" 70€z 6LD 0680 2570 2570 4680 2570 2570 YES YES YES. -YES Y£S YES 2790 2790.: 2790:...'2790 YES YES - YES YES 4920 2710 271II 4920 2710 271D YES YES YE5 YES YES YE5 2790 2790 2790 2790 YES YES Y~S• , XES " Report Created: 06/30/2010 Type % Complete S -° S NR 0% 0 0 Res ~ 0% ' ~f ~~' 3 4 NR 0% L3 1lSS NR 0%' 3 4"" 1~R 046" tl 33 NR b2% i'1 'l`7` NR 0% L5 iz Res 4696 L3 8 NR _ .,..30.7096 136 74 62 193 94 25 12 13 27 15 111 62 49 166 79 6 3 3 7 4 Time Period Direction Existing Volume Peak Volume Diverslon~%) Volume after Diversion Input Data ROAD NAME: Linton Blvd STATION: 5813 CURRENT YEAR: 2010 FROM: S Dixie Hwy ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: -3.70% COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-waY NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Cityscape Villages at Swinton Square Boca Downtown DRI North Boca Village McDonald's Delray Beach Ed Morse Delray Toyota New Century Commons Congress Park Apartments Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction 895 431 ryE~} - ~.. .~» 7wBi ~ b77 70fi s 431 . :-'464 ~ 23$1 677',.- 70fi 0 , _Lt . ~ U: 0 , 0 0 $95 A31 Gil , 1,3fi1 ` "b71" 7G&;: Report Created:06/30/2D10 Type % Complete 0 0 ~- 0" 0 D 0 Res 0% 8 d 4 7 3 4 NR 0% 16 8 8 29 13 16 NR 0% 16 8 8 7 3 4 NR 0% 42 31 11 S4 21 33 NR 42% 11 $ 5 39' 21 SZ M1)R "' 0% 25 12 13 27 IS 12 Res 46% 16 4 12 21 13 $ NR 30.70% - __ 136 74 62 193 94 99 25 12 13 27 15 12 111 62 49 166 79 87 6 3 3 7 4 3 Total Discounted Committed Developments 130 71 59 186 90 96 Historical Growth Comm Dev+1%Growth Growth Volume Used Total Volume Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. f? Class I LOS E Capacity Link Meets Test 2/Opt. ii? -154 -74 -80 -237 -116 -121 176 93 83 256 125 132 176 93 83 256 125 132 1071 524 547 1637 802 838 6LD 4680 2570 2570 4580 2570 2570 YES YES .. -YfS~ - 4!ES YES ~flS. ,2790 2790 2790 2790 YES YE~_.~_ YES YES. 4920 2710 2710 -45120 -2710. 2.710 YES YES YES YE5 YES YE5 2790.....2790.... 2790 2790 YE5 YES YES YES ROAD NAME: Linton Blvd CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: -3.70% Tlme Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data STATION: 5813 FROM: Midpoint T0: S Ocean Blvd COUNT DATE: 3/1/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB ' 895 43.1. 4£~ 1:3~~1. , ::677 706 ~;:- &95 ' -q;:1' +4~4 ~. ~ 1323,E 67:r° 70ti ~. 0. D ,. f3 . 0= (7 ,0 395- 431 ' ra6~., .1.382 577^. 7015; :. Report Created: 06/30/2010 Committed Developments Type % Complete Villages at Swinton Square 0 0 0 0 0 0 Res 096 096 North Boca Village 4 2 Z 8 4 4 NR McDonald's Delray Beach 1 0 0 0 0 0 NR 096 New Century Commons Maroone Alpha Delray 2 1 1 6 4- 4 1 3 5 3 3 3 NR 0% NR 30.7096 Total Committed Developments 11 4 6 19 11 9 Total Committed Residential 0 0 0 0 0 0 Total Committed Non-Residential 11 4 6 19 li 9 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 11 4 6 19 11 9 Historical Growth -154 -74 $0 -237 -116 -121 Comm Dev+1% Growth 57 26 30 89 46 45 Growth Volume Used 57 26 30 89 46 45 Total Volume 952 457 494 1470 723 751 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 5L :3110 171D ~~1730' 3110' r.._ _ 1710= 1710 YES YES __, YfS. YES YES YES. 186n 1860 YES : ~fES 1860 -18bQ YES.... =YES _. '3270 1800 1800 -3.270 1800 18bd~ YES YES YES YES YE5 YE;S- ~: 1860 186Q 1860 1864 YES YES YES YES. ROAD NAME: Linton Blvd CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: -3.709'0 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Committed Developments Villages at Swinton Square North Boca Village McDonald's Delray Beach New Century Commons Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Input Data STATION: 5813 FROM: Federal Hwy T0: Midpoint COUNT DATE: 3/1/2010 PSF: 1 link Analysis AM PM Z-wav NB/EB SB/WB 2-way NB/EB 56/WB ..395. 4~1 ; ~F7- ; .__,. 13~°? _ ;,.677.,. 70fr`, < $9S ~ 43T rr,4 .. 1.381 ':677 70u. $95: ::4~2 ^~L-~r; " °3.:3&1 .677:;' ~ '796,; Report Created: 06/30/2010 Type % Complete 0 0 0 D 0 '0 Res-~~ ~ ~ ~ 0% ~ ~=i,l 4 2 2 8 4` 4 NR 0`M '~' 1 0 b. 0 0 0 NR ~~ Qg6 w s.4 1 9 S~ 2 NR 30.70% 11 4 6 19 11 9 0 0 0 0 0 0 11 4 6 19 11 9 0 0 0 0 0 0 Total Discounted Committed Developments 11 4 6 19 11 9 Historical Growth -154 -74 -80 -Z37 -116 -121 Comm Dev+1% Growth 57 26 30 89 46 45 Growth Volume Used 57 Z6 30 89 46 45 Total Volume 952 457 494 1470 723 751 Lanes 5L 2-way or Class II Capacity 350" 171b :' 174 31x0 1710 1710 Link Meets Test 1/Opt. i? =YES 'DES .YES . .YE5 YES YES: Class I Capacity 1860 1860 186Q 1660 ' Link Meets Test 1/Opt. ii? YES YE5 YE5 YES Z-Way LOS E Capacity 3270 1800 1800 ._. 3279 X800 1800 Link Meets Test 2/Opt. i7 YES YES YES YE5 , YE5 YE5 Class I LOS E Capacity 1860 1860 1860 1869 Link Meets Test 2/Opt. ii? YES YE5 YE5 YES Input Data ROAD NAME: Boca Raton Blvd STATION: 6882 Report Created: 06/30/2010 CURRENT YEAR: 2009 FROM: Clint Moore Rd ANALYSIS YEAR: 2015 TO: Midpoint GROWTH RATE: -4.64% COUNT DATE: 1/14/2009 PSF: 1 Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Committed Developments North Boca Village Ocean Breeze Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments Llnk Analysis AM PM 2-wav NB/EB 56/WB 2-way NB/EB SB/WB 955: 0 0, ~ ;1052: 0: _ 0 ;:~56 fl ~ ;; 1~5z ~ a n 956'=, ,. 0 - 0.~= ~1D52 -...~z:- . 0-;, Type % Complete 10"`' 5` 5 19 $ 10 NR~ 0% 69; , 5;1 19. 80 30 50 Res X096 5 4 1 -a7 3 4 NR.,- 30.7096 84 60 25 106 41 64 69 51 19 80 30 SO 15 9 6 26 11 14 3 2 1 5 2 3 81 58 24 101 39 61 Historical Growth -237 0 0 -261 0 0 Comm Dev+1%Growth 140 58 24 166 39 61 Growth Volume Used 140 58 24 166 39 61 Total Volume 1096 58 24 1218 39 61 Lanes ~ 2L 2-way or Class II Capacity -1460 814 84;ET 146Q 810 810 Link Meets Test 1/Opt. i? YES YES YES YES YES YES Class I Capacity Link Meets Test 1/Opt. ii? 860 860 YES YES 860 YES 860 1(ES 2-Way LOS E Capacity _1550 850 85tl 1550 850 850- Link Meets Test 2/Opt. i? YES YES YES YES YF,S YES Class I LOS E Capacity 890 890 890 890 Link Meets Test 2/Opt. ii? YE5 YFS '._ Yk5 YES ROAD NAME: Boca Raton Blvd CU R RE NT YEAR: 2009 ANALYSIS YEAR: 2015 GROWTH RATE: -12.24% Time Period Direction Existing Volume Peak Volume Diversionf%) Volume after Diversion Input Data STATION: 6302 FROM: Midpoint TO: E Linton Blvd COUNT DATE: 1/14/2009 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/VUB 2-way NB/EB SB/WB -:286 -~~ r~ R:, _. .~3fii, 0: 0 '286'': ~0 ° ~` t;• - ; 3u7~a 0 _ Q ~-,. Report Created: 06/30/2010 Committed Developments Type %Complete North Baca Village 10 , .5.: = .. 5 19 8 10 Kit: _ . _ X96' New Century Commons 0 ° 0 Q .• 0. _ ~ -' 0% U~ N~ =~ 0 0% = `- MarooneAlphaDelray -5 ' 4 1., #w7 ; 3, .7 4 NR ,: - 3 Total Committed Developments 15 9 6 26 11 14 Total Committed Residential 0 0 0 0 0 0 Total Committed Non-Residential 15 9 6 26 11 14 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 15 9 6 26 Si 14 Historical Growth -155 0 0 -199 0 0 Comm Dev+19'o Growth 33 9 6 49 11 14 Growth Volume Used 33 9 6 49 11 14 Total Volume 319 9 6 416 11 14 Lanes 2L 2-way or Class II Capacity 1460 - 810 8.10 1460 810 ,: 810 Link Meets Test 1/Opt. i? YES YE5 YE5 YES YES YES Class I Capacity 860 850 ~ 8b0 860 Link Meets Test 1/Opt. ii? YE5 YES YES YES 2-Way LOS E Capacity 1550 850 850 150 850 8'50 Link Meets Test 2/Opt. i? YES YES YES -Y£S YFS YES Class I LOS E Capacity 890 890 890 890 ~: Link Meets Test 2/Opt. ii? :: _T:. YES- YES- - Y'ES YES' Time Period Direction Existing Volume Peak Volume Diversion(%} Volume after Diversion Input Data ROAD NAME: Federal Hwy STATION: 5840 CURRENT YEAR: 2010 FROM: Midpoint ANALYSIS YEAR: 2015 T0: E Linton Blvd GROWTH RATE: -4.86% COUNT DATE: 3/3/2010 PSF: 1 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB Report Created: 06/30/2010 Committed Developments Type %Complete Ralph Buick 9 12 -2 40 22 24 NR 0% A Villages at Swinton Square 0 fl 0 0 fl 0 Res % I Boca Downtown DRI 46 25~ 21 42 20 22 NR -096 North Boca Village ~44 23 22 83 d6 37 NR 096 McDonald's Delray Beach 13 ~ 6 5 2 3 NR ~ ` 0% Ed Morse Delray Toyota New Century Commons 48 4 12 2 35 ¢1 2 ~3 37 6 24 7 NR_ aVR -:.. 6256 096 4 3 "~ ~ ~ 5 2°~~ 3 t1}R~ ~~" ~ ~0% ~90 Maroone Alpha Delray ~ ~ .. . Total Committed Developments 168 84 85 255 135 120 Total Committed Residential 0 0 0 0 0 0 Total Committed Non-Residential 168 84 85 255 135 120 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 168 84 85 255 135 120 Historical Growth -424 -160 -264 -560 -317 -245 Comm Dev+1%Growth 266 121 146 385 208 177 Growth Volume Used 266 121 146 385 208 177 Total Volume 2190 849 1342 2927 1646 1287 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 4LD YES YES YES AYES YE5 YES 1860 1860 1860 1860 'YES YES YES YES 3270 18U0 1800. 3230 1800 180D `FES YES YES- YES YES YES i$60 1860 1860 1860 YES 1IES YES 1jES` Time Period Direction Existing Volume Peak Volume Diversions%) Volume after Diversion Input Data ROAD NAME: Federal Hwy STATION: 6306 CURRENT YEAR: 2010 FROM: Jeffery St ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: 09'o COUNT DATE: NA PSF: 0 Link Analysis AM PM 2-way NB/EB SB/WB 2-way NB/EB SB/WB Q , 0 ~~0 0 .'._ . 0- 0. Report Created: 06/30/2010 Committed Developments Type 9'o Complete Ralph Buick 8' -2 TO 38 20 IS ~~JR , 0% Villages at Swinton Square 0' Q 0 0 0 0 Res 0% Boca Downtown DRI ` 46 Z5 Z1 42 20 22 NR 096 North Boca Village 3D 15 15 56 25 " 31 NR 0% McDonald's Delray Beach 13 7 6 5 2 3 NR 0% Ed Morse Delray Toyota 48 35 12 61 24 37 I~R 62% New Century Commons 4 2 2 13 6 7 NR _ ° ` 0% MarooneAlpha Delray 4`"`" 3 1", 5 2 3" NR ~ = 30.70% Total Committed Developments 153 85 67 220 99 121 Total Committed Residential 0 0 0 0 0 0 Total Committed Non-Residential 153 85 67 220 99 121 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 153 85 67 220 99 121 Historical Growth 0 0 0 0 0 0 Comm Dev+19'o Growth 153 85 67 220 99 121 Growth Volume Used 153 85 67 220 99 121 Total Volume 153 85 67 220 99 121 Lanes ~ 4LD Z-way or Class II Capacity 3110; • 1710 ` -1710- 31?A 1710 1710 Link Meets Test 1/Opt. i? YES YE5 ~~FES~,- YES YES YES Class I Capacity 1860 186D`~ 1860 1860 Link Meets Test 1/Opt. ii? YES YES ' YE5. YES 2-Way LOS E Capacity 3270 1800 1800 32 Tp 1800 i$00 Link Meets Test 2/Opt. i? YES YES YES YES YE5 YE5 Class I LOS E Capacity 1860 1860 1.g6D 1860 Link Meets Test 2/Opt. ii? YES 'YES YE5 YES Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: S Ocean Blvd STATION: 5834 CURRENT YEAR: 2010 FROM: Midpoint ANALY515 YEAR: 2015 TO: E Atlantic Ave GROWTH RATE: -7.60% COUNT DATE: 3/3/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments Cityscape North Boca Village New Century Commons Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+1% Growth Growth Volume Used Total Volume Lanes 2-way or Class II Capacity Link MeetsTest 1/Opt. i? Class I Capacity Link MeetsTest 1/Opt. ii? 2-Way LO5 E Capacity Link MeetsTest 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 52$ 2"37' 291. 742 333: 359 52$' " 237 .:.291 _7~2 "3$3-: 3'i9 528 237 291 7112 "383 ~ _. 3~9: Report Created: 06/30/2010 Type % Complete 1 0 1 4 3 2 NR 0% 1 0 0 3 1 1 NTfi 096 1 0 1 '2, 1=. 1 NR ..:30.70% 6 1 3 14 7 6 0 0 0 0 0 0 6 1 3 14 7 6 0 0 0 0 0 0 ...YES ROAD NAME: 5 Ocean Blvd CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: -7.60% Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data STATION: 5834 FROM: E Linton Blvd T0: Midpoint COUNT DATE: 3/3/2010 PSF: 1 Link Analysis AM PM 2-waY NB/EB SB/WB 2-way NB/EB SB/1NB 528 , .237 , 29I 742 r 383:, : 359 - 528 i37 • • 2'33.` ;r~+"1 783:., 359: 52& :Z37._ ~.~'r1 '- Z9J. 38:3' ',359 Report Created: 06/30/2010 Committed Developments Type %Complete Cityscape 1 0 1 4 2 2 NR` 0% North Boca Village 3 1 :1: 5 3' ~, _ 2 NR `0% New Century Commons 1 " ' - fS ;; " tF ' ~~ _1 3 1 ' 1 NR 0% i MarooneAlpha Delray 1 : - 0 2 1;`- 1 N}1 )96 3fl.7 Total Committed Developments 6 1 3 14 7 6 Total Committed Residential 0 0 0 0 0 0 Total Committed Non-Residential 6 1 3 14 7 6 Double Count Reduction 0 0 0 0 0 0 Total Discounted Committed Developments 6 1 3 14 7 6 Historical Growth -172 -77 -95 -242 -125 -117 Comm Dev+1%Growth 33 13 18 52 27 24 Growth Volume Used 33 13 18 52 27 24 Total Volume 561 250 309 794 410 383 Lanes 2-way or Class II Capacity Link MeetsTest 1/Opt. i7 Class I Capacity link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i7 Class I LOS E Capacity Link Meets Test 2/Opt. ii? 2L 1460 810 X810 1460 810 810 YES YE5 YES YES YES YES 860 860 H60 860 YES YE5 YES YES .....1550 •8,`~0 85D 1550 .850 SSO YES YE5 YES'., :YES . _ YES YES `'" .890 890. 890 890 YES YES YES YES Time Period Direction Existing Volume Peak Volume Diversion(9~) Volume after Diversion Committed Developments Input Data ROAD NAME: S Swinton Ave STATION: 5808 CURRENT YEAR: 2010 FROM: SE 1st St ANALYSIS YEAR: 2015 T0: Midpoint GROWTH RATE: 0.02% COUNT DATE: 3/8/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB ~i25 , ~3S 390;`3 796° ,42A 384 .. 6:?5 135:: 3-3~ 795 4_Z4. ~ 381: ` 62:5"" '23S" 3~t~ 7,9~:+: 'd2Q 384,. Atlantic High School 0 0- -.. 0 0 4.8 Acre 10th Street Site 0"" 0` 0 ' _ 0 " Lighthouse Complex 13 13 4 9 Cityscape -~ ~ D 1 7 Villages at Swinton Square ` "(1"-: , .- , 0 0 0 Villas in the Grove 14 8 6 25 North Boca Village 11 6 6 21 The Village at Delray 6 5.. 1 7' Atlantic Trade-winds 11 30 2 19 Congress Park Apartments Village Square 12 1 6 6 14 1 0 1 Maroone Alpha Delray 7 2 __ 5 9 Total Committed Developments 77 42 36 116 Total Committed Residential 30 22 9 41 Total Committed Non-Residential 47 20 27 75 Double Count Reduction 8 4 2 10 Report Created: 06/30/2010 Type %Cornplete 0 0 NR 100% 0 0 Res 3.00%,. 9 4 NR 094 4 4 N R 0`K "0 0 11 '14 Res NR ~" 0% • :094 ' 12 10' 3VR 0% . _ Z 5~ Res _ ° " _, .-0%- 7. 12 ` ;- .. . Res:; U% 8 6 Res 4fi% ~ 0 1 Res °~-" "~~D% 5 3 NR 30.70% 56 61 15 26 41 35 4 7 Total Discounted Committed Developments 69 38 34 106 52 54 Historical Growth 1 0 0 1 0 0 Comm Dev+1% Growth 101 50 54 147 74 74 Growth Volume Used 101 SO 54 147 74 74 Total Volume 726 285 444 943 498 458 Lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii7 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LOS E Capacity Link Meets Test 2/Opt. ii? 2L 1460 810 810 1460 810 -- X39"_ YES YES YE5 YES YES •YE5 860 860 1360 860 YES YE5 YES YES. `155Q $50 850- 1550 850 850 YID ":° ~ YF~ YES .YES YE5 YE5 890 890. 890 890 YES YE5 YES YES ROAD NAME: S Swinton Ave CURRENT YEAR: 2010 ANALYSIS YEAR: 2015 GROWTH RATE: 0.02% Time Period Direction Existing Volume Peak Volume Dlversion(9'o) Volume after Diversion Committed Developments Atlantic High School 4.8 Acre 10th Street Site Lighthouse Complex Cityscape Villages at Swinton Square Villas in the Grove North Boca Village The Village at Delray Atlantic Trade-winds Congress Park Apartments Village Square Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Non-Residential Double Count Reduction Total Discounted Committed Developments Input Data STATION: 5808 FROM: Midpoint T0: SW 10th St COUNT DATE: 3/8/2010 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/VNB 2-way NB/EB SB/WB B25 235 390 ~1.~6 .424. 3~~: 625. ~23~i .390 :796 .424-; 384. 53.5 235 390: 796 •. 4?4-:_ - 381 Report Created: 06/30/2010 Type % Complete 0' 0 0 0 0 0 N_R 10096 0° 0 0 0 n 0 Res-_ _... 100% 13 9 4 13 4 9 NR 0% 2 0 1 ~ 4 4 ia~ Q~ 0 0 0 0 0 0 Res 09b ~'4 8 6 25 11 14 NR 0% 11 '6':: b 21 1,2 10 NR 096 6 5" 1 7' 2 5 Res 0% 12 2 Ttl 19 12 7 Res 0% i2' _~-: '.6 _ 1Lt 6 8 Res 4696 1 1- '' 0... 1 0 1 Res 0% 7 2 S 9 5 3 NR 30.70% 77 39 39 116 56 61 30 14 17 41 20 21 47 25 22 75 36 40 8 4 4 10 5 5 69 35 35 106 51 56 Historical Growth 1 0 0 1 0 0 Comm Dev+l% Growth 101 47 55 147 73 76 Growth Volume Used 101 47 55 147 73 76 Total Volume 726 282 445 943 497 460 Lanes ~ 2L ~ 2-way or Class II Capacity 1460 810" 810 1460 810 810 Link Meets Test 1/Opt. i? YES YES YE5 YFS' YES YES Class 1 Capacity 86tl: 860• 860 860 Llnk Meets Test 1/Opt. ii? YE5 YE5 YES YES 2-Way LOS E Capacity 1550 SSQ 85Q 1550 850 850 Link Meets Test 2/Opt. i? XES~. YES-- YE5, `4E5 YES YE5 Class I LOS E Capacity 890. 84Q' ~ 890 ,8JQ Link Meets Test 2/Opt. ii? YES YES YE=S YES ROAD NAME: Boca Raton Blvd CURRENT YEAR: 2009 ANALYSIS YEAR: 2015 GROWTH RATE: -4.64% Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data STATION: 6882 FROM: Clint Moore Rd T0: Midpoint COUNT DATE: 1/14/2009 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB ~ =956 ~ ~. ; t).~.. ,~" Q~ :' -1GS2~ ~= 0; -fl w. ' 156 . 0 ... ~ -~0 ,:` _~~2 -"~0~ ~.,. ~ Report Created:06/30/2010 Committed Developments Type %Complete North Boca Village 10 5 5 19 8 10 NR 0% Ocean Breeze 69 51 19 80 30, 50 Res 0%- Maroone Alpha Delray 'S A 1 ~ 3 4 ,~tR 30.70% Total Committed Developments 84 60 25 106 41 64 Total Committed Residential 69 51 19 80 30 50 Total Committed Non-Residential 15 9 6 26 11 14 Double Count Reduction 3 2 1 5 2 3 Total Discounted Committed Developments 81 58 24 101 39 61 Historical Growth -237 0 0 -261 0 0 Comm Dev+1% Growth 140 58 24 166 39 61 Growth Volume Used 140 58 24 166 39 61 Total Volume 1096 58 24 1218 39 61 Lanes ~ 2L 2-way or Class II Capacity Link Meets Test 1/Opt. i? 1460 810. 840. Y460 YES YES YE5 YE5 810 810 YE5 YES Class I Capacity 860 860 860 860 Link Meets Testl/Opt.li? YES. YES YES , _YES 2-Way LOS E Capacity 1550 850 850 1550 B50 $50 Link Meets Test 2/Opt. i? YES - _;._.YES YE5 YES YES YE5 Class I LOS E Capacity 8$0 890 890 890 Link Meets Test 2/Opt. ii7 YES YES YE5 YES Time Period Direction Existing Volume Peak Volume Diversion(%) Volume after Diversion Input Data ROAD NAME: Boca Raton Blvd STATION: 6302 CURRENT YEAR: 2009 FROM: Midpoint ANALYSIS YEAR: 2015 TO: E Linton Blvd GROWTH RATE: -12.24% COUNT DATE: 1/14/2009 PSF: 1 Link Analysis AM PM 2-wav NB/EB SB/WB 2-way NB/EB SB/WB Committed Developments North Boca Village New Century Commons Maroone Alpha Delray Total Committed Developments Total Committed Residential Total Committed Nan-Residential Double Count Reduction Total Discounted Committed Developments Historical Growth Comm Dev+19'o Growth Growth Volume Used Total Volume lanes 2-way or Class II Capacity Link Meets Test 1/Opt. i? Class I Capacity Link Meets Test 1/Opt. ii? 2-Way LOS E Capacity Link Meets Test 2/Opt. i? Class I LO5 E Capacity Link Meets Test 2/Opt. ii? 38Ci . ~ ~ 0 ~_ ~' 3~~ ::, 0 ~, 0_. Report Created: 06/30/2010 Type 9'o Complete 1U 5 ~ . 19 8 19 NR 096 0 0 `0 0 v ~ d ~ 7 3 4 NR Ol% 30.70% 4 NR - ~ ~, 1 ~ - - ~ . 9 6 15 26 11 14 0 0 0 0 0 0 15 9 6 26 11 14 0 0 0 0 0 0 15 9 6 26 11 14 -155 0 0 -199 0 0 33 9 6 49 11 14 33 9 6 49 11 14 319 9 6 416 11 14 2L 1460 810 810 ,1450 810 810 YE$ Yf5 860 YES YE5 860 YFS YES 860 $60 YES 1550. 850 YES YES -YES 65b 155Q YES YES YES YES 850 850 YE5 YE5 890 890 890 890 -` YES YES YES YES k:\wpb_tpto\85294\amb\2010\delint property\report\comp plan report.doc Burghdoff, Adam From: Vinod Sandanasamy [VSandana@pbcgov.org] Sent: Wednesday, June 23, 2010 10:56 AM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Sorry I don't know how I missed it. The 2035 volume for Dixie between Linton and 10`" is 13,300 daily trips. Have a nice day. From: Adam.Burghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.com] Sent: Wednesday, June 23, 2010 10:37 AM To: Vinod Sandanasamy Subject: RE. Delray Model Volumes Thank you Vinod. There is one link still missing though. Can you send me the model volumes for: S. Dixie Highway from Linton Boulevard to SE 10`" Street. Anything you could do to expedite the process would be greatly appreciated as my client wants us to submit ASAP. Thank you, Adam Adam M. Burghdoff, E.l.T. Kimley-Hom and Associates, Inc. TEL: (561)845-0665 adam.burQhdoff a(~,kimley-hom.com www.kimley-hom.com From: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Wednesday, June 23, 2010 9:47 AM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Hi Adam, Here are the 2035 smoothed daily volumes for the links that you asked for, Roadway From LOS D Capacity 2035 Vol Smoothed Linton Boulevard S. Military Trail to Germantown 49200 41800 Germantown to Homewood Blvd. 49200 41400 Homewood Boulevard to Congress Avenue 49200 40700 Congress Avenue to I-95 49200 58600 I-95 to SW 10th Avenue 49200 51000 10th Avenue SW to Old Dixie Highway 49200 42900 Old Dixie Highway to Federal Hwy 49200 38600 Federal Hwy to Ocean Blvd. 32700 19300 SW 10th Street Congress Avenue to SW 10th Avenue 32700 19200 SW 10th Avenue to SW 4th Avenue 15400 10800 SW 4th Avenue to S. Swinton Avenue 15400 7700 S. Swinton Avenue to S. Dixie Highway 15400 16700 S. Dixie Higheway to SE 5th Avenue 15400 1800 SE 5th Avenue to SE 6th Avenue 15400 500 Lindell Boulevard SW 10th Avenue to .S Dixie Highway 15400 5700 Congress Avenue Lowson Boulevard to Linton Boulevard 49200 35100 Linton Blvd. to Germantown 49200 31000 Germantown to NW 22nd 49200 25200 NW 22nd to NW 82nd Street 49200 30500 I-95 Atlantic Avenue to Linton Blvd. 238600 238000 Linton Blvd. to 82nd Street 238600 256900 SW 10th Avenue Lindell Boulevard to Linton Boulevard 15400 10800 S Dixie Highway Lindell Boulevard to Linton Boulevard 15400 15700 Federal Highway Lindell Boulevard to Linton Boulevard 32700 34300 Linton Boulevard to SE 5th Avenue 32700 36900 SE Sth Avenue Federal Highway to SE 10th Street 19600 34100 SE 10th Street to SE 1st Street 19600 24700 SE 1st Street to Atlantic Avenue 19600 19100 Atlantic Avenue to NE 4th Street 19600 18000 SE 6th Avenue Federal Highway to SE 10th Street 19600 32500 SE 10th Street to 5E 1st Street 19600 33000 SE 1st Street to Atlantic Avenue 19600 17700 Atlantic Avenue to NE 4th Street 19600 19300 S. Ocean Boulevard South of Linton Boulevard 15400 15600 North of Linton Boulevard 15400 13700 S. Swinton Avenue SW 10th Avenue to Atlantic Avenue 15400 14500 Atlantic Avenue to Lake Ida Road 15400 13400 Lowson Boulevard S. Military Trail to Homewood Boulevard 15400 1200 Homewood Boulevard to Congress 15400 2600 Avenue Atlantic Avenue Barwick Road to Congress Avenue 49200 47860 Congress Avenue to I-95 49200 48600 I-95 to SW 8th Avenue 32700 45000 SW 8th Avenue to Swinton Avenue 32700 32100 Swinton Avenue to U.S. 1 15400 15300 U.S. 1 to Ocean Boulevard 32700 15900 Boca Raton Boulevard NW 76th Street to Lindell Boulevard NA NA Vinod 5andanasamy, AICP Senior Transportation Planner Palm Beach Metropolitan Planning Organization 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 Phone: 561-478 5747 Fax: 561-233 5664 Website: www.pbc~ov.com/mpo > ,. ,.r. Under Florida law, e-mail addresses are public records. If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Adam.Burghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.wm] Sent: Monday, June 21, 2010 8:22 AM To: Vinod 5andanasamy Subject: RE: Delray Model Volumes Thank you for your time. I look forward you hearing from you soon. Have a great day! Adam M. Burghdoff, E.I.T. Kimley-Horn and Associates, Inc. TEL: (561)845-0665 adam.burghdoff(~kimley-horn.com www.kimley-hom.com From: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Friday, June 18, 2010 11:52 AM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Adam, Yesterday was my day off and today I am trying to complete a bunch of things that I started earlier. So expect something early next week. Take care. Vinod Sandanasamy, AICP Senior Transportation Planner Palm Beach Metropolitan Planning Organization 2300 North log Road, 4th Floor West Palm Beach, FL 33411-2749 Phone: 561-478 5747 Fax: 561-233 5664 Website: www.pbc~ov.com/mpo .K,~. woo Under Florida law, a-mail addresses are public records, If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Adam.6urghdoff@kimley-horn.com [mailto:Adam.Burghdoff@kimley-horn.oom] Sent: Thursday, June 17, 2010 3:38 PM To: Vinod Sandanasamy Subject: RE: Delray Model Volumes I just noticed that the model volumes listed below are based on a one-mile radius. When I initially requested them from Nellie, we needed aone-mile radius, however the next day we determined that we would need a 2-mile radius instead. I sent an email to Nellie as soon as I determined that we needed additional links, but evidently she did not forward it on to you. Attached is the email listing the additional links. Is there any way you could provide me with the additional link volumes this week? I would greatly appreciate it. Thanks! Adam Adam M. Burghdoff, E.I.T. Kimley-Horn and Associates, Inc. TEL: (561)845-0665 adam.burg hdoff(a.kimley-horn.com www.kimley-horn.com From: Vinod Sandanasamy [mailto:VSandana@pbcgov.org] Sent: Wednesday, June 16, 2010 12:13 PM To: Burghdoff, Adam Subject: RE: Delray Model Volumes Hi Adam, The 2035 model volumes for the links that you requested are given below. Contact me if you have additional questions. Thanks. Roadway From LOS D Capacity 2035 Vol Smoothed Linton Boulevard 4 S. Dixie Higheway to SE 5th Avenue 15400 1800 SE 5th Avenue to SE 6th Avenue 15400 500 Lindell Boulevard SW 10th Avenue to .S Dixie Highway 15400 5700 Congress Avenue Lowson Boulevard to Linton Boulevard 49200 35100 Linton Blvd. to Germantown 49200 31000 Germantown to NW 22nd 49200 25200 NW 22nd to NW 82nd Street 49200 30500 I-95 Atlantic Avenue to Linton Blvd. 238600 238000 Linton Blvd. to 82nd Street 238600 256900 SW 10th Avenue Lindell Boulevard to Linton Boulevard 15400 10800 S Dixie Highway Lindell Boulevard to Linton Boulevard 15400 15700 Federal Highway Lindell Boulevard to Linton Boulevard 32700 34300 Linton Boulevard to SE 5th Avenue 32700 36900 SE 5th Avenue Federal Highway to SE 10th Street 19600 34100 SE 10th Street to SE 1st Street 19600 24700 SE 6th Avenue Federal Highway to SE 10th Street 19600 32500 SE 10th Street to SE 1st Street 19600 33000 5. Ocean Boulevard South of Linton Boulevard 15400 15600 North of Linton Boulevard 15400 13700 Vinod Sandanasamy, AICP Senior Transportation Planner See below... From: Adam.Burghdoff@kimley-horn.rnm [mailto:Adam.Burghdoff@kimley-horn.mm] Sent: Tuesday, June 01, 2010 6:26 PM To: Nellie Fernandez Subject: Delray Model Volumes Hello Nellie, We're conducting a FLUA traffic study for a client of ours and were hoping that you might be able to help us out with some 2035 model volumes. The property is located in Delray Beach on Linton Boulevard. Attached is an excel spreadsheet of the roadway segments....thought it might make things easier for you. If not I have also listed the roadway segments below, and there is a map attached as well. If you could help us out we would really appreciate it. Thank you - Have a great day! Adam llnton Boulevard Homewood Boulevard to Congress Avenue Congress Avenue to I-95 I-95 to SW 10th Avenue 10th Avenue SW to Old Dixie Highway Old Dixie Highway to Ocean Boulevard SW 10th Street Congress Avenue to SW 10th Avenue SW 10th Avenue to SW 4th Avenue SW 4th Avenue to S. Swinton Avenue S. Swinton Avenue to S. Dixie Highway S. Dixie Highway to SE 5th Avenue SE 5th Avenue to SE 6th Avenue Lindell Boulevard SW 10th Avenue to S. Dixie Highway Congress Avenue NW 82nd Street to Linton Boulevard Linton Boulevard to Lowson Boulevard I-95 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 12, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 ORDINANCE 23-10 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that modifies the definition of "Live Work Unit", allows the use as a conditional use in specified zoning districts, and identifies Special Requirements which apply to the use. BACKGROUND Recently, there has been increased interest in allowing limited non-residential uses in residential dwelling units. While home occupations allow for very limited business-type uses, Live-Work uses will allow a broader array of uses but with defined limitations to ensure compatibility within the residential development. Live-Work uses are different from amixed-use building that contains restaurants, retail, offices, and residential condominiums, as each of those uses is self-contained, whereas the commercial use of the Live-Work Unit will occur within the residential unit. The non-residential uses associated with Live-Work uses are to be allowed within the residential unit. The uses are proposed as conditional uses in the following four zoning districts: . Planned Commercial . Central Business District . Central Business District-Railroad Corridor . Mixed Residential, Office and Commercial Some of the more substantial regulations that will apply to Live-Work Uses include: . The occupant of the residential unit must be the proprietor or owner of the business. . Only one (1) additional employee may work at the business. . The Live-Work Unit must face either a public or private street with available on-street parking. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3646&MeetingID=268 8/13/2010 Page 2 of 2 . Access must be clearly identified to allow for emergency services. . The net area devoted to the Live-Work Unit may not exceed 200 S.F., and must be located on the ground floor. . Hours of operation are limited from 8 AM to 6 PM; deliveries are limited from 9 AM to 6 PM. . Non-residential uses creating industrial-type impacts are prohibited. The use categories proposed include business services, personal services, professional services, and fabrication of arts and handicrafts. The complete list of the allowable uses and development regulations are included in the attached ordinance. REVIEW BY OTHERS The Pineapple Grove Main Street Board unanimously recommended approval at their July 7, 2010 meeting. The Community Redevel moment AgencX unanimously recommended approval at their July 8, 2010 meeting. The Downtown Devel~ment Authority unanimously recommended approval at their July 12, 2010 meeting. The West Atlantic Redevelopment Coalition unanimously recommended approval at their July 13, 2010 meeting, with the recommendation that the Police Department review the proposal for Crime Prevention Through Environmental Design (OPTED) compliance. It was determined that a OPTED review would be conducted with individual site specific applications. The Planning and Zoning Board voted 5 - 0 recommending approval at their July 19, 2010 meeting, with clarification that the 200 sq. ft. will be exclusive of any required handicap accessible bathroom facilities. This adjustment has been made in the attached ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 23-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb00l /CouncilAgenda/Bluesheet.aspx?ItemID=3646&MeetingID=268 8/13/2010 ORDINANCE NO. 23-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION (]KKK) TO ESTABLISH REGULATIONS FOR LIVE/WORK UNITS; BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LIVE/WORK UNITS AS A CONDITIONAL USE; AND BY AMENDING APPENDIX A, "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE/WORK UNIT"; 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 July 19, 2010 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agenry, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the :KID to a) The occupant of the residential unit must be the broprietor or owner of the business that occupies the nonresidential Portion of the building. (b) Only one~1) additional employee may work at the business. ,(c,) Residential a~bearance must be maintained. ~) Unlighted signage with a maximum of 2 SF is pemutted. ~ The Live/Work Unit must face either a Public or Private street that has available on-street arkin . (f) Matey be Permitted with new development approvals or modifications to approved site Plans for buildings that have not begun construction. The non-residential use must be internallyconnected to the residential unit and must also ,Provide direct access from the public sidewalk adjacent to the street. (h) The Live-Work Unit shall meet the Florida Building_ Code reduirements at the time of construction for mixed occupancy buildings. (i) Access to all Live-Work Units shall be clearer identified in order to provide for emergency services. (2) Allowed Non-residential uses. Live-Work Units m~ include the following non-residential uses: (a) Business services including but not limited to: commercial artist. photography computer programming, detective agency, editing, /prorfreading mail service,~Paralegal photocopying service secretarial service, telemarketing service. fib,) Personal Services including but not limited to: alterations/dressmaking, barber/beau shop. income tax service, locksmith shoe shine and repair, tailor shoes massage pedicure Photographic studio lsubject to 4 3 3 KKK~41(d)1 facials and fortune teller or similar if geographically allowed by the LDRs. (c) Professional Services including but not limited to: title company accountant, insurance adjusters, advertising office aPt~raiser architect attome~ auditor broker contractors office (no construction materials Permitted, stenographers eneineers office, interior decorating, loan company, model agencies, notarypublic office real estate sales/management. stock exchanges. travel agency ,(dl Fabrication of arts and handicrafts with retail sales limited to materials fabricated by the owner/Proprietor. (31 Interim Residential Use. ORD. NO. 23-10 ~) Residential use is permitted in the approved non-residential portion of a Live-Work Unit. fib) Prior to the issuance of a Business Tax Receipt for an approved non-residential use within the Live-Work unit the ~plicant shall apply to the City for a change in use, and indicate that the unit was previously designated as a Live-Work Unit as part of a development approval. (41 Operation. (a) The net area devoted to an approved non-residential use shall be a maximum of 200 scl. ft., exclusive of any reduired handicap accessible bathroom facilities. ~b~ One hundred percent of the building s net area above the ground floor shall be designated as residential. (c) The non-residential use of a Live-Work Unit may operate only from 8:00 AM to 6:00 PM; deliveries are limited to between 9:00 AM to 6:00 PM. (d) Non-residential uses creating industrial-type impacts such as those that involve processes that generate si 'ficant amounts of heat reduire the use of heavy machinery loud speakers. bells. or emit gases, fumes and/or smoke or that create a nuisance (i e ,noise odors and/or vibration) are prohibited. Section 3. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c) and subsection (5,~below: (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHI1). (4) Adult Gaming Centers. ,(~ Live/Work Unit, subject to 4.3.3(,KKK). Section 4. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as ORD. NO. 23-10 follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2"d Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4`'' Street. (7) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses. (12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq. ft. (13) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.130. (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.30. ORD. NO. 23-10 (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (16) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (17) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (18) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1]. (19) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.30. ~(20) Live/Work Unit, subject to Section 4.3.3 (KKKI. Section 5. That Article 4.4, "Base Zoning District", Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (E), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gymnasiums, and exercise facilities which are open to the general public. (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(vv). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (6) Educational Facilities, training centers, and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (71 Live/Work Unit, subject to Section 4.3.3(KKK~ 5 ORD. NO. 23-10 Section 6. That Appendix A, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, be and the same is hereby amended to read as follows: LIVE/WORK UNIT A residential dwelling unit that includes flex space which may be used for an approved non- residential use. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day o f , 2010. ATTEST MAYOR City Clerk First Reading Second Reading ORD. N0.23-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: August 13, 2010 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED AMENDMENT TO YEAR 4/ FY 2008/09 ACTION PLAN ITEM BEFORE COMMISSION City Commission approval of the Proposed Amendment to Year 4 for FY 2008-2009 Action Plan as required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds reallocating $27,000 from Housing Rehabilitation into Economic Development activities. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 15, 2008, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal Year 2008-2009. The Action Plan contained an appropriation for economic development activities and was approved by the Commission. On July 11, 2010, the Neighborhood Services advertised to reallocate an additional $27,000 for economic development activities. The reallocation of funding was technically done with the mid-year budget amendment for CDBG activities; however, staff advertised this with a 30-day comment period, thus, the Public Hearing must take place. FUNDING SOURCE Community Development Block Grant 118-1966-554-83.01 RECOMMENDATION Staff is recommending the City Commission approve the reallocation of funds in the amount of $27,000 from Housing Rehabilitation into Economic Development as proposed under the amendment. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3662&MeetingID=268 8/13/2010 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED AMENDMENT TO YEAR 4 /FY08-09 ACTION PLAN The U.S. Department of Housing and Urban Development (HUD) requires that unused funds from prior years shall be considered as funds available for reallocation unless the appropriation under which the funds were provided to the Department has lapsed. The reallocation should be adopted by the City Commission and approved by HUD, before the City can utilize those CDBG funds. The 08/09 Action Plan was approved by HUD on July 15, 2008 and included $ 576,634 for the fourth year of the City's 2005-2010 Five-Year Consolidated Plan. The following is the proposed amendment to the plan: The proposed amendment will reallocate 27 000 of unused funds toward Economic Development Activities located within the CDBG target area. This will include but not be limited to small business assistance. This activity remains consistent with the City's Consolidated Plan priorities. Economic Development meets the Low-Moderate Income (LMI) Benefit National Objective since the activity will benefit all residents of an area where at least 51% of the residents are LMI. There is a 30-day period in which written comments may be submitted to the Neighborhood Services Division. Written comments may be submitted to P. Nigel Roberts, Neighborhood Services Administrator, 100 NW ls~ Avenue, Delray Beach, FL 33444. City Commission will consider any comments or views of citizens received in writing, or orally at a public hearing on August 17, 2010, 7:00 PM. A summary of these comments will be included in the amendment upon submission to HUD. Citizens who require special assistance are encouraged to call (561) 243-7280 so that special arrangements can be made. Published: July 11, 2010 Palm Beach Post Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 12, 2010 SUBJECT: AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 ORDINANCE NO. 27-10 DEFINITION OF PHARMACY ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs) that will revise the definition of Pharmacy. BACKGROUND Pharmacy is currently defined in the City's LDRs as a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. The proposed changes are to follow-up on recent changes to medical office regulations which address practices (pain clinics), including prescribing and distributing Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the distribution of these substances at medical, professional, and business offices, and only allowed them to be dispensed at pharmacies. It was anticipated that distribution would only occur at conventional pharmacies (CVS, Walgreens, etc.). To assure that the original intent of the Ordinance is met and to minimize the potential for abuses, clarification of what constitutes a pharmacy is now being considered. The definition originally considered by the Planning and Zoning Board at their June 21, 2010 meeting included the following language: "No more than 50% of the total building or floor area of the business shall be devoted to the sale and storage of prescription drugs. Further, no more than 50% of total sales can be derived from the sale of Schedule 11 controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." The Planning and Zoning Board had significant discussion about the requirements for retail components and the amount of Schedule II thresholds. The Board had concerns that references to building floor area maximums for sale and storage of prescription drugs would hurt small pharmacies which may have http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3 647&MeetingID=268 8/ 13/2010 Page. 2 of 2 minimum ancillary retail sales components. While the Board agreed that Schedule II controlled substances should be restricted they felt the 50% maximum was too liberal and should be reduced. The Board unanimously recommended approval of the Ordinance, subject to the elimination of the retail threshold language and retention of the 50% maximum Schedule II threshold, on a 6 to 0 vote (Deborah Dowd absent). No one from the public spoke on this item. Following that meeting, additional inquiries as to reasonable maximum thresholds of Schedule II sales were made and the maximum total sales numbers were revised downward to a maximum of 25%. The City Commission considered the revised ordinance with these modifications on first reading on July 6, 2010, at which time the maximum thresholds were recommended to be further reduced to 10% based upon testimony received at the meeting. Local pharmacy representatives raised some objections to these thresholds between first and second reading of the ordinance and Ordinance 12-10 was continued on July 20 and again on August 3, 2010. During that time Planning staff and the City Attorney's office have met with these pharmacy representatives and there have been some revisions to the Ordinance that are acceptable to both parties. These changes include raising the maximum threshold to 15% and modifying the percentage language to represent 15% of prescriptions written vs. 15% of total sales in any one month period. Since pharmacies are required to keep detailed records of prescription sales, this method would be easily enforceable. As these changes have modified the original Ordinance it is recommended that the Commission deny Ordinance 12-10 and approve the revised Ordinance 27-10 on first reading. REVIEW BY OTHERS The Planning and Zoning Board considered the request at their June 21, 2010 meeting. As noted above their recommendations have been considered in the development of the current ordinance before the Commission. RECOMMENDATION By motion, approve on first reading Ordinance No. 27-10, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3647&MeetingID=268 8/13/2010 ORDINANCE NO. 27-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "PHARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach desires to reduce the fraudulent sales of Schedule II Controlled Substances as listed in Florida Statute X893.03 in order to reduce the number of unnecessary deaths resulting from the fraudulent obtainment of these drugs each year; and WHEREAS, the City Commission of the City of Delray Beach has discussed the fraudulent sale of Schedule II Controlled Substances as listed in Florida Statute X893.03 with the Department of Health, the State Board of Pharmacy, and local existing pharmacies; and WHEREAS, the City Commission of the City of Delray Beach has determined that a possible solution to curtail the fraudulent sales of Schedule II Controlled Substances as listed in Florida Statute X893.03 is to limit the percentage of Schedule II Controlled Substances sold in relation to the number of other prescriptions sold at each pharmacy in the City within a 30 day period to be determined by audits through by the Department of Health; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: PHARMACY Shall mean a retail establishment primarily offering goods for retail sale and on-site dispensing of prescription drugs, nonprescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. No more than 15% of the total number of prescriptions sold within a thirt~(30Zd~ period can be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2010. MAYOR ATTEST: Ciry Clerk First Reading Second Reading ORD. NO. 27-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 ORDINANCE NO. 26-10 ITEM BEFORE COMMISSION This item is before Commission for approval of Ordinance No. 26-10 on first reading. BACKGROUND For the April 13, 2010 Commission Workshop session, staff had conducted a survey of the Palm Beach County municipalities for the Commission's discussion regarding Commission salaries, term lengths and required petition signatures. The filing fees vary across the county and range from $10.00 to $154.00. Staff suggested increasing the filing fee during the discussion to cover the full cost charged to us by the Supervisor of Elections, and Commission was in favor of increasing the fee. The initial fee of $25.00 was originally proposed and adopted as part of Ordinance No. 65-01 at referendum on January 8, 2002. Staff is suggesting that the fee be increased to $50.00. RECOMMENDATION Recommend approval of Ordinance No. 26-10 on first reading. http://miweb001 /CouncilAgenda/Bluesheet.aspx?ItemID=3619&MeetingID=268 8/13/2010 ORDINANCE NO. 26-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 34.16, "FILING OF NOMINATING PETITIONS", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO MODIFY THE FEE FOR FILING PETITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify the fee for filing nominating petitions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 34, "Elections", of the Code of Ordinances of the City of Delray Beach is amended by amending Section 34.16, "Filing of Nominating Petition", to read as follows: Sec. 34.16. FILING OF NOMINATING PETITION (A) To qualify as a candidate for election, the candidate must file the documents set forth in subsections (A)(1) and (A)(2). The documents shall be filed with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held, or to qualify as a candidate for Mayor if a special election is called to fill a vacancy in the office of Mayor, the candidate must file with the City Clerk no earlier than noon on the first Tuesday in April nor later than noon on the third Tuesday in April provided, however, all those who qualified previously for Mayor for the previous regular election will be deemed to have qualified as a candidate for the special election without additional petitions being filed or additional monies being paid or to qualify as a candidate in a special recall election called for the purpose of filling a vacancy pursuant to F.S. Section 100.361, the candidate must file with the City Clerk, no earlier than 8:00 a.m. two (2) days after the circuit court judge, pursuant to F.S. Section 100.361(2), has set the date for the special recall election and no later than 5:00 p.m. on the eighth day after the judge has set the date for the special recall election. The following documents must be filed: (1) A statement in writing under oath stating that the nominee is: (a) Qualified as an elector in the City and has been one since on or before September 1 preceding the election for which he or she is qualifying. (b) A candidate for the office for which he is qualifying. (2) A petition signed by the electors of the City not less in number than one percent of the Registered voters of the City as determined on January 1 of the year of the election, and payment of t~err~g- €i~Fe-del}a~s-(~~9A} fifty dollars ,$50.001 to cover the cost of validating the signatures on the petition. (B) (1) The petitions shall be on a form prescribed by the City Clerk, which shall not be released nor distributed by the City Clerk until 8:00 a.m. on the first business day in the month of December preceding the month of qualification, or in the event of a special election to fill a vacancy in the office of Mayor, the petition shall be released and distributed by the City Clerk no earlier than the second Tuesday in March proceeding the special election, or in the case of a special recall election at 8:00 a.m. on the day after the Circuit Court Judge, pursuant to F.S. Section 100.361(2), has set the date for the special recall election unless that date falls on a weekend or holiday, in which case a petition may be obtained on the next regular business day. (2) Signatures may be obtained on the petition between the time the City Clerk is authorized to release and distribute the petition and the deadline for qualification. The signatures to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition there shall be attached an affidavit executed by its circulator stating the number of signers of the paper, that each signature on it was affixed in his presence, and that he believes each signature to be the genuine signature of the person whose name it purports to be. The signatures shall be executed in ink or indelible pencil. Each petition shall have next to the signature the date of signing, the place of residence, and precinct number. (C) The names of all candidates and the office for which they have filed shall be received by the Supervisor of Elections from the City Clerk by 5:00 p.m. on the first Friday after the close of qualifying, or in the event of a special election to fill a vacancy in the office of Mayor or in the case of a special recall election by 5:00 p.m. on the day following the close of qualifying except that if said dap falls on a weekend or holiday, the City Clerk shall transmit the names of all candidates and the office for which they have filed on the next working day. Section 2. That Chapter 34, "Elections", of the Code of Ordinances of the City of Delray Beach is amended by amending Section 34.17, "Procedure After Filing", to read as follows: Sec. 34.17. PROCEDURE AFTER FILING. Within five (5) days, or in the case of a special election to fill a vacancy in the office of Mayor or in the case of a special recall election, the following business day after the City Clerk receives ratification from the Supervisor of Elections, the City Clerk shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed by this subchapter. If a petition is found insufficient, the City Clerk shall return it immediately to the person who filed it, with a statement certifying wherein it is insufficient. Within the regular time for filing petitions a new petition may be filed for the same candidate together with the F--~ fQ~`~1 fif dollars X50.00 . The Ci Clerk shall kee on file all etitions payment of another '---~~,~ --. - ~~-_ 9} ty1 ~ ty p p found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ORD. NO. 26-10 the same are and and final day of ORD. NO. 26-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 11, 2010 SUBJECT: AGEN_D__A ITEM 12 C -REGULAR COMMISSION MEETING OF AUGUST 17, 2010 ORDINANCE 28-10 ITEM BEFORE COMMISSION The attached Ordinance 28-10 is amending Section 101.35(F), "Storing Boats", to modify the rate structure for storing sailboats on the beach. BACKGROUND This ordinance amendment is before Commission for approval to change the annual fee for storing sailboats on the municipal beach. The boat storage permit fee has not been changed since March, 1995. This amendment would increase the permit fee from $200.00 to $225.00 for residents and $250.00 for non-residents, plus applicable taxes. RECOMMENDATION Recommend approval of Ordinance No. 28-10 on first reading. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3643&MeetingID=268 8/13/2010 ORDINANCE NO. 28-10 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, 'PARKS , BEACHES, AND RECREATION" BY AMENDING SECTION 101.35(F), "STORING BOATS" IN ORDER TO CHANGE THE ANNUAL FEE FOR STORING SAILBOATS ON THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to modify the rate structure for storing sailboats. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 101, 'Parks, Beaches, and Recreation', Section 101.35, "Storing Boats", Subsection (F), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) The permit fee to be submitted with the application shall be $~89:9A $225.00 for residents and $250.00 for non-residents, plus applicable taxes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the nerriaincler hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all or~ces or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective imn~tiately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. ATTEST: City Clerk MAYOR First Reading Second Reading