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03-15-11 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 15, 2011 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this 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 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL 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, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. March 1, 2011- Regular Meeting B. March 8, 2011 -Workshop Meeting 6. PROCLAMATIONS: A. Water Conservation Month -April 2011 B. Fair Housing America Month -April 2011 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/1011 SEAGATE DRIVE: Approve a request to defer the installation of a sidewalk along Seagate Drive for the property located at 1011 Seagate Drive. B. SERVICE AUTHORIZATION NO. 07-15.2/MATHEWS CONSULTING, INC.:_Approve Service Authorization No. 07-15.2 with Mathews Consulting, Inc. in the amount of $4,767.00 for the design of S.W.12th Avenue/Auburn Avenue/S.W. 14th Avenue Improvements Project. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue . C. SERVICE AUTHORIZATION NO. 07-13.2 /MATHEWS CONSULTING, INC./ RECLAIMED WATER EXPANSION -AREA 11B: Approve Service Authorization No. 07-13.2 with Mathews Consulting, Inc. in the amount of $14,972.00 for construction management and inspection services relating to the Area 11B Reclaimed Water System project. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaim Water Transmission). D. PAYMENT OF INVOICE/ CITY OF BOLA RATON: Approve payment to the City of Boca Raton in the amount of $25,988.85 for water used through our interconnect during emergency repair of the 36" Raw Water Main at S.W. 10th Street and 15th Avenue. Funding is from 441-5122-536-34.90 (Water & Sewer Fund: Other Contractual Services). E. CONTRACT CONTINGENCY EXPENDITURE/B & O CONSTRUCTORS, INC./HISTORIC SUSAN B. WILLIAMS HOUSE: Approve a Contract Contingency Expenditure with B & O Constructors, Inc. in the amount of $2,643.11 for the Historic Susan B. Williams House project. Funding is available from the contract contingency allowance. F. INDEPENDENT CONTRACTOR AGREEMENT/ROBERT BRAND: Approve renewal of an Independent Contractor Agreement between the City and Robert Brand to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-2111-521- 34.90 (General Fund: Other Contractual Services G. INDEPENDENT CONTRACTOR AGREEMENT/HOWARD SCOTT LUNSFORD: Approve renewal of an Independent Contractor Agreement between the City and Howard Scott Lunsford to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-2111-521-34.90 (General Fund: Law Enforcement/Professional Services/Other Professional Serviced. H. D.U.I. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Provide authorization to submit a grant application to the Florida Department of Transportation in the amount of $22,352.00 to continue the implementation of a Driving Under the Influence (D.U.L) Enforcement program. Matching funds to be available from various Police Department accounts. L FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve a Funding Agreement with Delray Youth Vocational Charter School in the amount of $15,000.00 for two ~) Social Workers to provide counseling services under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from 101-2137-521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids). J. FUNDING AGREEMENT/CHILDREN LEARNING AFTER SCHOOL SESSIONS (C.L.A.S.S.): Approve a Funding Agreement between the City and Children Learning After School Sessions (C.L.A.S.S.) in the amount of $15,000.00 to provide academic enrichment to local students under the Weed & Seed Program (now known as the Coalition for Community Renewal.. Funding is available from 101-2137-521- 83.01 (ARRA Economic Stimulus FD: Other Grants & Aids K. FUNDING AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES: Approve a Funding Agreement between the City and Gulfstream Goodwill Industries in the amount of $44,160.00 to support ex-offenders returning to targeted neighborhoods within the City under the Weed & Seed Program (now known as the Coalition for Community Renewal .Funding is available from 101-2137-521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids). L. RESOLUTION NO. 10-11: Approve Resolution No. 10-11 assessing costs for abatement action required to remove nuisances on 20 properties throughout the Cites M. SECOND AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PRO.TECT:APprove the Second Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time to obtain site plan certification by ninety days. N. WORKFORCE HOUSING COVENANT WITH ALTA CONGRESS OWNER, LLC.: Approve a Workforce Housing Covenant between the City and Alta Congress Owner, LLC., developer of the Alta Congress development. O. SERVICE AUTHORIZATION NO. 17.1/SPATIAL FOCUS, INC.: Approve Service Authorization No. 17.1 with Spatial Focus, Inc. in the amount of $4,250.00 for technical assistance related to the SunGard Public Safety software project. Funding is available from 334-2111-521-31.90 (General Construction Fund: Professional Services/Other Professional Services). P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 28, 2011 through March 11, 2011. Q. AWARD OF BIDS AND CONTRACTS: Bid award to All Phase Roofing & Construction, Inc. in the amount of $101,493.00 for the following three ~) NSP Housing Rehabilitation projects through the Community Development Division: 2707 S.W. 2"d Street, 518 S.W. 9th Court and 310 Southridge Road. Funding is available from 118-1934-554- 62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation) and 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). Purchase award to Americas Generators in the amount of $54,642.00 fora 200 kilowatt backup generator. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/E quipment). 3. Purchase award to Florida Bullet, Inc. in the amount of $71,405.20 for the purchase of ammunition. Funding is available from 001-2111-521-52.20 (General Fund: Operating Supplies/General Operation Supplies) and 001-2115-521-52.19 (General Fund: Operating Supplies/SWAT Expenditures 4. Purchase award to Sensus Metering Systems in the amount of $241,500.00 for 2,000 small water meters. Funding is available from 442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund: Land/Water Meter Replacement Program). REGULAR AGENDA: A. CONSIDERATION OF AN APPEAL/THE ELECTRIC EXPERIENCE: Consider an appeal from an administrative interpretation by the Director of Planning & Zoning of Land Development Regulations (LDR) Section 4.4.13, "Central Business District (CBD)", to consider motorized bicycles as an allowed use for The Electric Experience, located at 1047 East Atlantic Avenue. (Quasi Judicial Hearing B. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE (CCC~ REQUEST TO WAIVE COSTS: Reconsider a request from the Creative City Collaborative to waive reimbursement to the City for printing and mailing costs, estimated to be $4,170.00 for three ~) quarters, to include a solicitation in utility bills for voluntary donations to cultural programs. C. GRANT AGREEMENT WITH PALM BEACH COUNTY & EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCHS C. SPENCER POMPEY AMPHITHEATER: Consider a Grant Agreement between Palm Beach County, the City, and EPOCH, and a commitment to provide supplemental funding in the amount of $310,000.00 for redesign and construction of the proposed C. Spencer Pompev Amphitheater on the Spady Cultural Heritage Museum grounds. Funding to be programmed in the 2011/2012 Capital Improvement Plan. 1. AMENDMENT NO 3 TO THE LEASE AGREEMENT/SPADY CULTURAL MUSEUM: Consider approval of Amendment No. 3 to the Lease Agreement with Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding the Spady House Multicultural Museum Properties, contingent upon approval of the Grant Agreement with Palm Beach Count D. RENEWAL OF PROPERTY AND CASUALTY INSURANCE BROKER'S CONTRACT: Consider whether to renew our current contract for insurance broker services. E' SERVICE AUTHORIZATION NO. 07-21/MATHEWS CONSULTING, INC./AUTOMATIC METER READ SYSTEM (AMR EVALUATION: Consider approval of Service Authorization No. 07-21 to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services in conducting a Water Meter Automatic Meter Read (AMR) System Evaluation. Funding is available from 441- 5181-536-31.90 (Water and Sewer Fund: Professional Services/Other Professional Services . F. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to the Green Implementation Advancement Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4Z G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one ~) regular member to the Civil Service Board to serve a two ~) vear term ending April 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2~ H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members to the Financial Review Board to serve unexpired terms ending .Tiny 31, 2011 and one ~) regular member to serve an unexpired term ending .Tiny 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~ Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D~ "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ~ "Segway Tours and Segway Sales", to provide specific requirements for establishment and operation of such uses, and amending Appendix "A", "Definitions". If passed, a second public hearing will be held on April 5, 2011. B. ORDINANCE NO. 09-11 (FIRST READING/FIRST PUBLIC HEARING): Consider amending the Land Development Regulations (LDR) by amending Sections 4.4.12, "Planned Commercial (PC) District, 4.4.15, "Planned Office Center (POCK District", 4.4.21, "Community Facilities (CF) District", enacting a new Section 4.5.18, "Medical Arts Overlay District", to provide for the creation and implementation of the Medical Arts Overlay District, and amending Appendix "A", "Definitions", of the Land Development Regulations (LDR) to define "Institutional Uses". If passed, a second public hearing will be held on April 5, 2011. C' ORDINANCE NO. 10-11 (FIRST READING/FIRST PUBLIC HEARING~Consider amending the Land Development Regulations (LDR) by repealing Section 4.3.30, "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety; amending Sections 4.4.2 "Rural Residential (RR) Zone District", 4.4.3 "Single Family Residential (R-1) Districts", 4.4.5 "Low Density Residential (RL) District", 4.4.6 "Medium Density Residential (RM) District", 4.4.7 "Planned Residential Development (PRD) District", 4.4.17 "Residential Office (RO) District", 4.4.24 "Old School Square Historic Arts District (OSSHAD)", 4.4.29 "Mixed Residential Office and Commercial (MROC) District", to include residential licensed service provider facilities as permitted uses in these zoning districts; amending Sections 4.4.6 "Medium Density Residential (RM) District", 4.4.9 "General Commercial District" (GCS 4.4.13 "Central Business District (CBD~ 4.4.16 "Professional and Office District", 4.4.17 "Residential Office (RO) District" and 4.4.24 "Old School Square Historic Arts District (OSSHAD~; to clarify that residential licensed service provider facilities and nursing homes are allowed where other residential uses are allowed in these zoning districts; amending Appendix "A" "Definitions", in order to provide updated definitions of "Residential Licensed Service Provider" and "Non-Residential Licensed Service Provider". If passed, a second public hearing will be held on April 5, 2011. D. ORDINANCE NO. 07-11: Consider repealing Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach. E. ORDINANCE NO. 08-11: Consider approval to amend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration; Reporting Changes To Required Information, Renewal", and 112.21, "Alarm Registration Required, Penalty For Failure To Register", to provide that renewals shall be filed by May 1st each year and to clarify registration requirements for fire alarms. 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. 05-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by enacting Section 132.10, "Electric Personal Assistive Mobility Devices~EPAMDS)", to regulate the use of such devices on city streets and sidewalks. If passed, a public hearing will be held on April 5, 2011. B. ORDINANCE NO. 06-11: Privately initiated Future Land Use Map amendment from (Medium Density Residential 5-12du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) fora 0.22 acre parcel located immediately east of the existing Presidential Auto Leasing and Sales, located at the southeast corner of South Federal Highway and Avenue "L". If passed, a public hearing will be held on April 5, 2011. C. ORDINANCE NO. 11-11: Consider a city-initiated amendment to Land Development Regulations (LDR) Appendix "A", "Definitions", to provide a revised definition for Medical Office. If passed, a public hearing will be held on April 5, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MARCH 1, 2011 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, March 1, 2011. 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 Greg Fitch, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated there is updated information for Item 9.B., Final Subdivision Plat Approval/CDS Delray Redevelopment (Atlantic Plaza Hl and Item 9.C., Grant Agreement/Palm Beach County/Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH)/C. Spencer Pompey Amphitheater. Also, Mayor McDuffie stated with regard to Item 9.C., there is an error in paragraph 4 under background, it should read "The City's funds would have to be obligated in the 2011/2012 Capital Improvement Plan (CIP), making them available on October 1, 2011." Mr. Frankel moved to approve the Agenda, 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: Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of February 8, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - 03/01/11 Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of February 15, 2011, seconded by Mr. Frankel. 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. 6. PROCLAMATIONS: 6.A. Recognize Church of the Palms 50th Year Anniversary -March 5, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming March 5, 2011 as Church of the Palms Day. Reverend Dr. Roger P. Richardson came forward to accept the proclamation and gave a few brief comments. 6.B. All People's Day ®-March 22, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming March 22, 2011 as All People's Day. Susan Berkowitz Schwartz thanked the Commission and invited them to the All People's Day Diversity Festival on March 27, 2011 at Pompey Park. David Boyd. At this point, the City Manager introduced the new Finance Director 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/921 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Ocean Boulevard for the property located at 921 South Ocean Boulevard. 8.B. RESOLUTION NO. 09-11: Approve Resolution No. 09-11 to support continuance of the prescription drug monitoring program authorized by Section 893.055 of the Florida Statutes. The caption of Resolution No. 09-11 is as follows: A RESOLUTION SUPPORTING THE CONTINUANCE OF THE PRESCRIPTION DRUG MONITORING PROGRAM IMPLEMENTED IN SECTION 893.055, 2 03/01/11 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 09-ll is on file in the City Clerk's office.) 8.C. AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT/PUBLIC SERVICE CORPORATION/CRYWOLF ALARM SOFTWARE: Approve Amendment No. 1 to the Acquisition Agreement with Public Safety Corporation (PSC) for the CryWolf alarm software providing for reductions to software licensing costs. 8.D. AMENDMENT NO. 2 TO THE AGREEMENT/SUNGARD: Approve Amendment No. 2 to the Agreement with SunGard Public Sector, Inc. in the amount of $34,300.00 for a public safety software system to add purchase of CryWolf alarm software and FireHouse Inspection iPad module. Funding is available from 334-2ll1- 521-66.10 (General Construction Fund: Books/Publications/Software). 8.E. TRIPARTITE INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH, PALM BEACH COUNTY SCHOOL DISTRICT AND ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve an Interlocal Agreement between the City of Delray Beach, Palm Beach County School District and the Achievement Centers for Children and Families for shared use of the Village Academy facilities. 8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14, 2011 through February 25, 2011. 8.G. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Duval Ford in the amount of $149,112.00 for the purchase of six (6) Ford Crown Victoria Police Interceptors pursuant to Florida Sheriffs Association Contract # 10-18-0907. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 2. Purchase award to Emergency Vehicle Supply in the amount of $61,314.36 for the installation and complete set up of six (6) Police Cruisers. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 3. Bid award to Intercounty Engineering Corporation in the amount of $1,408,505.93 for construction of the Area llB Reclaimed Water System Project. Funding is available from 441-5181-536- 65.96 (Water and Sewer Fund: Other Improvements/Reclaim Water Transmission), 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements) and 442-5178- 3 03/01/11 536-63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Other Improvements). 4. Purchase award to Pierce Manufacturing, Inc. in the amount of $547,724.29 after pre-payment discount utilizing the Florida Sheriffs Association Bid# 10-09-0907, Specification #15 for one (1) Pierce Velocity HDR Pumper. Funding is available from 501- 3312-591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). NIr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; NIr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, INC. IAFF LOCAL 2928: Consider ratification of the Collective Bargaining Agreement with Professional Firefighters/Paramedics of Palm Beach County, Inc. IAFF Local 2928. Bruce Koeser, Director of Human Resources, stated the labor agreement is a three year agreement with the Professional Firefighters Paramedics of Palm Beach County, IAFF Local 2928, Inc. The union ratified this agreement and the amended 2008- 2011 labor agreement because there are some changes that are going to take effect right now. The agreement duration is from October 1, 2011-September 30, 2014, and provides changes in the following areas: (1) provides for a wage freeze for three years with a re- opener in years two and three; (2) eliminates two paid holidays; (3) the employee contribution to the Delray Beach Police and Fire Retirement System will increase by three percent (3%). A re-opener in year two would allow negotiation of pension benefit changes for employees hired after October 1, 2012. In addition, NIr. Koeser stated regarding the Retiree Health Insurance Fund (VEBA), it changes the 3.3% payroll contribution that the City currently makes to a contribution covering current retirees which is approximately 1-1.2%. Mr. Koeser thanked the union's leadership and staff recommends ratification of the Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Loca12928, IAFF, Inc. NIr. Eliopoulos extended his gratitude to the union and the Fire-Rescue Department. He stated this was a major step in the right direction to help the City get back on track. NIr. Fetzer extended his gratitude and stated he appreciates the cooperation with the Fire union. He stated these are not easy times for anyone and for us to seek compromise on some of these issues are very admirable. 4 03/01/11 Mrs. Gray thanked staff because when they started this the Commission said that everyone would have to participate and everyone is doing that. Mr. Frankel thanked Mr. Tabeek, Mr. Koeser, and the new counsel and extended kudos to everyone. Mr. Frankel pointed out that this agreement is for three years. Mayor McDuffie thanked Mr. Tabeek, the Fire-Rescue Department, Mr. Koeser, staff, and the new counsel. Mayor McDuffie thanked everyone for recognizing that we did have a monetary problem and stated we still have another negotiation to go. Mr. Frankel moved to approve the ratification of the Collective Bargaining Agreement with Professional Firefighters/Paramedics of Palm Beach County, Inc., IAFF Local 2928, seconded by Mrs. Gray. 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.B. FINAL SUBDIVSION PLAT APPROVAL/CDS DELRAY REDEVELOPMENT (ATLANTIC PLAZA II): Consider approval of the final plat for an 8.65 acre mixed-use development known as CDS Delray Redevelopment (Atlantic Plaza II), located north of East Atlantic Avenue, between N.E. 6th Avenue and Veterans Park. Paul Dorling Director of Planning and Zoning, stated this is approval of a preliminary plat and certification of a final plat for an 8.65 acre proposed mixed-use redevelopment project to be platted as "CDS Delray Redevelopment' also known as Atlantic Plaza. On December 8, 2008, the City Commission reviewed a conditional use application for Atlantic Plaza II. On February 17, 2009, the City Commission also approved some subsequent abandonments and realignments of N.E. 7m Avenue. On March 11, 2009, the Site Plan Review and Appearance Board approved a Class V site plan for Atlantic Plaza II, containing 98,765 square feet of retail floor area, 32,921 square feet of restaurant floor area, 106,006 square feet of office floor area, and 197 dwelling units. The proposal also included a total of 1,059 parking spaces, provided via sub-grade parking an above-grade parking garage, parallel on-street parking and individual two car garages for the townhomes. Staff recommends approval. At its meeting of March 15, 2010, the Planning and Zoning Board made a recommendation of approval to the City Commission for the combined preliminary/final plat for "The Village at Atlantic Plaza", now known as "CDS Delray Redevelopment'. At its meeting of March 15, 2010, the Planning and Zoning Board made a recommendation of approval to the City Commission for the combined preliminary/final plat for "The Villages at Atlantic Plaza", now known as "CDS Delray Redevelopment'. 5 03/01/11 The proposed plat consists of 6 tracts with 3 tracts (Tracts A, B, and C) corresponding to the 3 development parcels, two tracts (Tracts D and E) for private streets with public ingress/egress easements and one is an additional dedication along West Atlantic Avenue. NIr. Eliopoulos moved to approve the final subdivision plat for CDS Delray Redevelopment (Atlantic Plaza H), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; NIr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.C. GRANT AGREEMENT/PALM BEACH COUNTY/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH)/ C. SPENCER POMPEY AMPHITHEATER: Consider approval of a Grant Agreement between Palm Beach County, the City, and EPOCH; and a commitment to provide supplemental funding in the amount of $310,000.00 for redesign and construction of the proposed C. Spencer Pompey Amphitheater on the Spady Cultural Heritage Museum grounds. Funding to be programmed in the 2011/2012 Capital Improvement Plan. Richard Hasko, Director of Environmental Services, stated this is a request for the Commission to consider approval of a tripartite agreement fora $250,000.00 grant between Palm Beach County, Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH), and the City of Delray Beach to provide partial funding for the C. Spencer Pompey Amphitheater on the Spady Museum grounds. Also, for the balance of the funding, there is a request for City participation in the amount of $310,000.00 and to help offset that, there is also a request for direction to approach the Community Redevelopment Agency (CRA) for a contribution of half that amount. NIr. Hasko stated the agreement is a 30 year term and there is language in the agreement that states that in the event that EPOCH fails to maintain or does not provide public access for its intended use of the amphitheater at any point in time if we terminate the agreement then that responsibility inherits to the City. Mr. Hasko stated this is a 30 year term; however, the City's lease with EPOCH only has 20 years left on it. The City Attorney stated staff will bring this back to the Commission at the next meeting and suggested that the Commission extend that term so both agreements match. NIr. Eliopoulos expressed concern when the Commission is asked to direct the CRA to contribute and/or give money. Mr. Eliopoulos stated he has tried to be consistent with every organization especially the non-profits and believes we need to be looking at where the money is going and at becoming more sustainable. Daisy Fulton, Executive Director of the Spady Museum, thanked the Commission for their ongoing support and recognized the EPOCH Board members. Ms. Fulton stated the last two years have been extremely tough financially because of the economy; however, in their effort to better the times is that they have been given a IMLS (Institute of Museum and Library Services) Grant from the Federal Government for capacity building and with this grant EPOCH is moving forward with the strategic planning session. 6 03/01/11 NIr. Eliopoulos stated he appreciates what Ms. Fulton is saying and doing and feels if the numbers are increasing then this is what should be documented along with the programs EPOCH has and what they have done. NIr. Eliopoulos stated this Commission needs to get educated so that they can educate the public and make this a stronger commitment. He reiterated that he is looking for all the stats and the future of how they are doing it. Ms. Fulton stated they are going through an exercise now as to how they can better report based upon the number of clients and the dollar value to each client. Ms. Fulton thanked Mr. Hasko and the City staff who has worked with them over the last several days to try and execute the necessary language that is needed in the agreement. Mrs. Gray stated a couple of weeks ago they had to pull up history on one of the first African-American City Commissioners and Spady Museum had the information. Mrs. Gray asked Ms. Fulton to explain the amphitheater and how the other buildings that EPOCH is trying to have built on the campus are going to help EPOCH in the future as far as income is concerned and more programs. She stated the amphitheater is part of the growth aspect of the SPADY complex. Ms. Fulton stated it is going to provide an opportunity for them to increase their number of students. For example, Ms. Fulton stated next week they are scheduled to have 72 children from Palm Beach County schools to visit SPADY and they will break them up into groups and they will have outside activities and events that are centered around the exhibits on display and talks about the cultural educational aspect of what they do. Ms. Fulton stated that would be a prime time to have the amphitheater there. She commended the CRA and the City for the effort of moving forward with the reconstruction of the Munnings/Williams House that is going to be the housing for the Kids Cultural Club which will be fully utilized; but a capacity extension of that is going to be the utilization of the amphitheater. Mrs. Gray thanked Ms. Fulton for having the grant writer continue to look for grants and other funding opportunities. NIr. Frankel stated staff's recommendation in the memo states that the City Commission formally requests that the CRA provide at least half ($155,000.00) of the additional funds needed. Mr. Hasko stated there have been no formal requests made at this point; staff has had informal conversation with Ms. Colonna. Diane Colonna, Executive Director of the CRA, stated this particular request has not gone to the Board yet and some of the Board's concerns have been in the past that they want to see Spady succeed and they have been very supportive over time. The concern is that as they expand what is the plan for funding future operations because with these expansions there is going to be a need for additional staff because this will be an additional expense. Ms. Colonna stated the CRA Board has asked the Spady Museum to do a strategic plan to really lay out what the costs are going to be and what the revenue sources are projected to be. She stated the process that Ms. Fulton referred to going through the CRA with the non-profits work is with all the non-profits including Old School Square, Spady Museum, Community Land Trust (CLT), and the library. The CRA is working with the consulting firm Non-Profits First which works with United Way to come up with more specific criteria for providing funding and measuring their 7 03/01/11 success in terms of meeting objectives. Ms. Colonna stated the CRA Board has established that they do not want the CRA funding to comprise more than 25% of an organization's operating expenses and over the years the CRA funding has been as high as 75% of the Spady Museum's operating revenues. Ms. Colonna stated the Board would like the CRA to gradually reduce that contribution for operating expenses which means they would have to be getting revenue from other sources. Mrs. Gray asked if she agrees that if they have these buildings in place that they will be able to offer more programs and be able to receive more dollars that way. Ms. Colonna stated she understands that is the plan but the CRA has not seen a forecast of the numbers; however, the intent is to try and increase revenues by having more activities at the facility. Ms. Colonna stated as Ms. Fulton mentioned Spady just received another grant that helped this year for the operating revenues. NIr. Eliopoulos commented about the re-design fee of $50,000.00 and asked if we have a handle on what we are building. He expressed concern with how the monies are being spent and who is looking at everything. Mr. Hasko stated staff does not have a contract for this specific re-design and therefore has not had the opportunity to discuss the fee structure with the architect and discuss the overall scope. NIr. Hasko stated based on what was formally proposed they understand the revisions that need to be made to make it work. NIr. Eliopoulos stated we need to make sure that we make sure that we get good guidance for EPOCH and professionals that are going to give them numbers that we can live with. Clifford Durden, 702 East Chatelaine Boulevard, Delray Beach, FL 33445, stated a couple of months ago EPOCH gave the Commission a report indicating the strategies and also the ways and means that they were using to substantiate the financial situation with EPOCH. NIr. Durden stated the Commission seemed to be very satisfied with that information and that EPOCH was on the right track. He stated what bothers him is seemingly an underlying concern about whether EPOCH is able to carry out the functions the way that the Commission sees they ought to after they have demonstrated that they are capable of doing that. Mayor McDuffie stated as he understands it to preserve the $250,000.00 the Commission needs to commit to the $310,000.00. NIr. Hasko stated a total of $310,000.00 must be provided to supplement that. Mayor McDuffie asked when does the grant expire if the City does not come up with $310,000.00. NIr. Hasko stated the grant terms require a contract for construction be awarded 12 months from the date of execution by the County and that the construction is complete and the facility opens for its intended purpose in 24 months after that date. Mayor McDuffie asked if the contract has been executed by the County. NIr. Hasko stated the contract has not been executed by the County. Mayor McDuffie expressed concern that there is $250,000.00 in grant money that is sitting there with an expiration date and if the City does not move on this very quickly that we could lose that money. In addition, Mayor McDuffie expressed concern about the fact that we are looking at $310,000.00 which represents about half of what we negotiated with the Fire-Rescue Department in savings. He stated there is also 8 03/01/11 concern on behalf of the CRA for their $155,000.00 and believes it is all contingent upon a business plan. Mayor McDuffie stated he would like to see the business plan and many of things that were mentioned by the CRA. Ms. Fulton stated this bond referendum and facility bond that EPOCH was honored with was in 2002. From 2002 until October of this past year, the County has been working with EPOCH to ensure that they are in a position to execute the $250,000.00. Ms. Fulton stated they have been extremely patient with them to go through the process and was excited about the fact that the City was making strong considerations as far as moving forward the $310,000.00 and $250,000.00 to guarantee. She stated what she has done in working with their existing architect was to ensure that whatever amount of dollars is needed in order to construct this new construction of the C. Spencer Pompey amphitheater that they cannot exceed one penny over the $560,000.00 for the project. Mrs. Gray stated one of the County Commissioners contacted her to ask her about this project and they are waiting to get a response for the City and making sure that the City is going to be moving forward. Mrs. Gray stated as Ms. Fulton stated they are looking to give the dollars to someone else if something is not decided soon. Mayor McDuffie stated typically the City gets a date on a grant that says if you do not do this by this time you are going to lose this grant not something that says hurry up because we are not going to hold it much longer. Mayor McDuffie reiterated that he does not understand why we do not have a date certain from the County that says this grant is good for this period of time and if you do not achieve these goals by that period of time then we are going to take the grant away from you. NIr. Hasko stated the original $250,000.00 grant expired in October 2010 and at the time the County would have been within their rights to reallocate that money to other requesters. However, Mr. Hasko stated they have been working with EPOCH since before that time to try and bring the project to a point where the required funding would come together. Mr. Hasko stated EPOCH has been working with the County to re-establish the grant so that baseline that dictates what those timeframes are would start when it goes back to the County and they approve it and from that point it is a two-year period the first year of which the City would have to have the contract for construction awarded and then the second year of which we would have to have construction built. Mayor McDuffie stated if the Commission approves this tonight they have approved the fact that the City is going to spend $310,000.00. If the Commission approves this at such time that the consulting work is done and the business plan is done, Ms. Colonna has indicated that the CRA may kick in $155,000.00 or half of that; however, the City does not have any assurance of that tonight. Mayor McDuffie asked how much time does the City need to allot for the consulting work and the business plan to get done so that at such time the City has information that satisfies the requirements of the CRA and information that satisfies the City that the business plan is there and the revenue streams are there to support it. 9 03/01/11 Mark Reingold, 107 MacFarlane Drive #204, Delray Beach, FL 33483 (EPOCH Board member), stated the property is City owned and whatever improvements are made on that property will belong to the City and is managed by the Spady Museum. NIr. Reingold stated the County bond was given to EPOCH so they must be the party to the agreement to produce the $250,000.00 that is sitting there waiting to be spent. However, Mr. Reingold stated EPOCH does not have to be the party that puts this deal together; EPOCH can stick to the business of running a museum and programs. Mayor McDuffie stated ownership is not the issue but from what he sees there is a good plan sitting there and all the City is asking is to bring the results that they get from working the plan back to the City so that everyone has the information to base spending the money. Mayor McDuffie stated he would love to see this built and supports the project. NIr. Frankel stated he needs to see more information. Mrs. Gray asked when the strategic planning will begin. Ms. Fulton stated the strategic planning workshops will start next month; however, the consultants work is not complete until July. NIr. Fetzer stated he is a strong supporter of EPOCH; however, there are some unanswered questions. NIr. Eliopoulos stated the City needs to have a procedure in place so it does not appear that the Commission is being selective. He stated this is about being consistent and being able to say this is why we support something and informing people to fill out the criteria that staff asks every organization to complete. NIr. Eliopoulos moved to table this item to March 15, 2011, seconded by NIr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 03-11: Privately initiated rezoning from Agricultural (A) District to Professional and Office (POD) District fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. (Quasi-Judicial Hearing) The caption of Ordinance No. 03-ll is as follows: 10 03/01/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY zoNED AGRICULTURAL ~A~ DISTRICT To PROFESSIONAL AND OFFICE (POD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 360 FEET WEST OF HIGH POINT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03-ll is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he is a patient of Dr. Craig Spodak and spoke to him. Mr. Eliopoulos, Mrs. Gray, Mayor McDuffie, and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-035 into the record. Mr. Dorling stated this is a privately sponsored rezoning from Agricultural (A) District to Professional and Office (POD) District fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. Mr. Dorling stated this is the new location of Spodak Dental office building. At its meeting of January 24, 2011, the Planning and Zoning Board held a public hearing and no one from the public spoke and the Board recommended 4 to 0 in favor. At its meeting of February 15, 2011 (first reading), the City Commission recommended approval. 11 03/01/11 Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1St Avenue, Delrav Beach, FL 33444, speaking on behalf of the applicant, this rezoning meets the Code for the City of Delray Beach as well as the Comprehensive Plan with respect to a rezoning. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no rebuttal or cross-examination. Mr. Eliopoulos moved to adopt Ordinance No. 03-11 on Second and FINAL Reading, 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. At this point, Mr. Weiner complimented Estelio Breto, Paul Dorling and Ashlee Vargo who did a nice job on moving this forward and making something happen on Atlantic Avenue in Delray Beach. At this point, the City Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public Immediately Following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Marie Victorin, 5195-I West Atlantic Avenue, Delrav Beach, FL 33484, owner of Magic Beauty Hair and Dance d/b/a/ Hair/Spa Dance, stated she submitted a plan for a small business and expressed concern that it took a month to obtain a permit to open the business. Mayor McDuffie asked Ms. Victorin if she has applied for a building permit or a business license. Ms. Victorin stated she already has a business license for her business at the northwest corner of Atlantic Avenue and Military Trail Ms. Victorin stated this building used to be a part of the County but last month she received a letter from her landlord telling her that the City of Delray Beach now owns the building. 11.B.2. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delrav Beach, FL 33483, distributed the Hometown Connection and referred to the pie charts regarding where the money comes from and where the money goes. Ms. Pearce thanked the Commission for doing a wonderful job in keeping the City's expenses low in this horrible economy. She stated the Parks and Recreation expense has increased yearly even while we are decreasing expenses for other vital services including public safety. In 12 03/01/11 addition, Ms. Pearce stated the 14% of the City budget that we do spend on Parks and Recreation does not reflect the loss of real estate tax revenue for these park areas since these properties are City owned and not tax generating. Ms. Pearce stated now there is a proposal being circulated for the City and CRA to buy more property along South Federal Highway for more parks. If this happens this would further shrink the City's tax base since these valuable properties would no longer be subject to real estate taxes the City's main source of revenue. Ms. Pearce stated the City needs to be finding new revenues not shrinking the tax base and increasing the City budget with new parks. Ms. Pearce stated if the City and/or the CRA have extra funds to buy parks or for new parks she suggested to spend those funds to beautify and improve our beach area. She stated the beach residents pay the highest amount of taxes per property in the City and feels the City should use the ideas that were recently submitted to the City by the Charrette that was done and really enhance the most valuable park, the beach, instead of spending money to reduce our tax base and adding more parks. Mayor McDuffie stated there is a fundraiser at Old School Square on March 10, 2011 for the Beach Master Plan and the cost is $100.00 a ticket. At this point, the time being 7:39 p.m., the Commission moved to Item 9.D. 9.D. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE (CCC) REQUEST TO WAIVE COSTS: Decide whether to reconsider a request from the Creative City Collaborative to waive reimbursement to the City for printing and mailing costs, estimated to be $4,170.00 for three (3) quarters, to include a solicitation in utility bills for voluntary donations to cultural programs. NIr. Eliopoulos stated the way this was presented at the last meeting was that the Creative City Collaborative (CCC) was not prepared to present last time and they had additional information that they wanted to bring to the Commission for review again. The City Attorney stated the way this is presented on the Agenda we are only dealing with the reconsideration so if that passes tonight then the Commission could reconsider it at the next Commission meeting. NIr. Eliopoulos moved to reconsider hearing this request from the Creative City Collaborative (CCC) to a date certain of March 15, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie - Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes; NIr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE PARHING MANAGEMENT ADVISORY BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 13 03/01/11 Mr. Fetzer moved to appoint Mel Pollack as a Citizen-at-Large Representative on the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to reappoint David Boone to the Code Enforcement Board as a regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2012, 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. At this point, the time being 7:42 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 07-11: Consider repealing Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach. If passed, a public hearing will be held on March 15, 2011. The caption of Ordinance No. 07-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE 40-10 REGARDING PROPOSED CHANGES TO THE DELRAY BEACH CHARTER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 07-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Attorney stated the City Commission previously adopted Ordinance No. 40-10 that dealt with some changes to the Charter regarding term limits for Commissioners and due to the fact that the City did not have an election the Commission decided to not have that on the ballot. The City Attorney stated since that ordinance is out there we need to go ahead and repeal that and if they want this same issue to be placed on the ballot again then they can do that in the fall of this year as well. 14 03/01/11 Mr. Frankel moved to approve Ordinance No. 07-11 on FIRST Reading, 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. 12.B. ORDINANCE NO. 08-ll: Consider approval to amend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration; Reporting Changes To Required Information; Renewal", and 112.21, "Alarm Registration Required; Penalty For Failure To Register", to provide that renewals shall be filed by May 1st each year and to clarify registration requirements for fire alarms. If passed, a public hearing will be held on March 15, 2011. The caption of Ordinance No. 08-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL BE FILED BY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR BURGLAR/FIRE ALARMS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated on January 4, 2011, the City Commission approved Ordinance No. 44-10 and this is being brought before the Commission this evening because the Fire-Rescue Department wanted to clarify that with regard to fire alarms instead of having to register upon one false alarm they have to register upon notice from the Fire Department. Secondly, Mrs. Butler stated the renewal date for this year is changing from March 1st to May 1st because of the software delivery and when it is going to be ready. Staff recommends approval of the amendment to this ordinance. Mr. Frankel moved to approve Ordinance No. 08-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. 15 03/01/11 Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the Palm Beach County League of Cities met last Wednesday and he signed an agreement to serve again on the Board if he is nominated for that as Large City representative. The Nominating Committee is Ken Schultz from Town of Hypoluxo, Dave Stuart from Town of Lantana, and Carmine Priore from Wellington. The School District asked for the League to set up an Academic Advisory Committee and Commissioner Peggy Cook from Mangonia Park was appointed to represent the League on that Committee. The City Manager stated the next League Meeting is in Wellington on Wednesday, March 30, 2011. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel stated the Tennis Tournament was amazing and the record attendance was great. He commended Rosanne DeChicchio and Elizabeth Butler stating they spent countless hours manning the booth. Mr. Frankel stated whoever did the new television ads for the City of Delray Beach that ran on the tennis channel did a great job and it was a vast improvement over the ones he saw in previous years. Secondly, NIr. Frankel asked what the status is with regard to the sidewalk cafes and noted that some of these sidewalk cafes are overstepping their bounds. He stated especially on a weekend where there was a lot of pedestrian activity downtown and it was difficult to maneuver around. Lastly, Mr. Frankel stated he appreciates the condolences he received about his grandmother's passing away and apologized for missing the last meeting. 13.C.2. Mrs. Gray Mrs. Gray stated this morning she attended the Chamber's Breakfast - "Meet the new Commish" and it was very nice and well attended. She congratulated Mr. Carney for doing an awesome job with answering some hard questions. 16 03/01/11 Secondly, Mrs. Gray stated she attended the Tennis Tournament and it was great. Mrs. Gray thanked the Creative City Collaborative (CCC) for their series on Black History Month this month at the new plaza on S.W. 5th Avenue and Atlantic Avenue. Mrs. Gray stated she attended the Diaspora Awards this weekend given by Jane Tolliver and noted approximately 500 people were present. She stated the Delray Beach American Little League was honored along with Jazmin Tolliver from Village Academy. Academy. Mrs. Gray thanked the City Manager for the blinking lights at Village Lastly, Mrs. Gray asked if there is a reason that the public hearings have to be held at 7:00 p.m. The City Manager stated prior to 1990 Commission meetings started at 7:00 p.m. and frequently ran past midnight so when the new Commission was seated in 1990 and set the rules they decided to start the meetings at 6:00 p.m. The City Manager stated there was a lengthy discussion about whether working people could get here for a 6:00 p.m. hearing. Therefore, the City Manager stated they decided to start the meetings at 6:00 p.m. but not start public hearings until 7:00 p.m. so that people would have time to get off work and clean up and get here for the hearing. The City Attorney stated in order to make a change the Commission would have to make a change to the local rules. The City Clerk stated the local rules is an item every year at the Organizational Meeting and this would be the time the Commission would discuss any changes. 13.C.3. Mr. Eliopoulos NIr. Eliopoulos concurred with his fellow Commissioners that the Tennis Tournament was quite successful and the weather was phenomenal. He stated it started out with the Creative City Collaborative (CCC) Arts Garage Opening at Old School Square and it was a great turnout. Secondly, Mr. Eliopoulos commented on the tragedy in Delray Beach where we lost Sergeant Adam Rosenthal and stated thoughts and prayers are with the Rosenthal family. 13.C.4. Mr. Fetzer NIr. Fetzer expressed his condolences to Sergeant Rosenthal's Family. 17 03/01/11 13.C.5. Mayor McDuffie Mayor McDuffie stated the reception that was held in the new arts garage for John McEnroe was a tremendous success and the press coverage was amazing this year. He stated the tennis in the street was a hoot. Mayor McDuffie stated there was a contingent of people from South America in the stands supporting tennis player Juan Martin del Potro. Mayor McDuffie stated this is the first time he has seen that level of support for anyone who has played in the tennis stadium. Secondly, Mayor McDuffie stated someone complained to him about the new light that the City erected in front of Worthing Place. Mayor McDuffie stated the noise issues at Deck 84 have gotten better but the people at Worthing Place are complaining about the noise from Johnnie Brown's. The City Manager stated there are four establishments that are causing problems. He stated Code Enforcement and the Police Department had a meeting yesterday about how they want to approach them. The City Manager stated they will be giving out citations and taking some aggressive action to try and to get it solved. Mayor McDuffie stated this morning there was a complimentary speech given to Mr. Eliopoulos from DELPAC (Political Action Committee). Mayor McDuffie stated the Commission is going to hate to see Mr. Eliopoulos go and thanked him for his service to this community and stated he has done a tremendous job. Mayor McDuffie stated on Thursday, March 3, 2011, City Oyster will hold Celebrity Bartending Night from 5:30-7:30 p.m. to benefit the Juvenile Diabetes Research Foundation and he will be one of the celebrity bartenders. Mayor McDuffie stated Mr. Fetzer is doing a fundraiser for CROS Ministries the same evening at Old School Square. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:59 p.m. City Clerk ATTEST: MAYOR 18 03/01/11 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 1, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 19 03/01/11 WORKSHOP MEETING MARCH 8, 2011 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Vice-Mayor Adam Frankel in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, March 8, 2011. Roll call shod: Present - Commissioner Gary P. Eliopoulos Vice-Mayor Adam Frankel Commissioner Angeleta E. Gray Absent - Commissioner Fred P. Fetzer Mayor Nelson S. McDuffie Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubiry City Qerk Vice-Mayor Adam Frankel called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. PRESENTATION OF WI-FI, MEGA APPLICATION AND VIRTUAL KIOSKS BY DOWNTOWN MARKETING COOPERATIVE, INC. Ms. Sarah Martin, Executive Director of the Downtown Marketing Cooperative (DMC), gave a brief overview regarding the DMC and introduced Daniel J. Kinney, Q~air7nan of the Poarc~ Plue Web Mobile Media She stated the DMC, in partnership with Plue Web Mobile Media, via an agreement would like to provide Digital Signage, Interactive Kiosks and free Wi-Fi within the downtown corridor between 5th Avenue (West) to A1A (East) and NE 2nd Ave (Pineapple Grove). Ms. Martin conducted a PowerPoint presentation regarding the use of the proposed technology in the downtown area. The agreement with Plue Web Mobile Media provides for the sharing of revenue generated from the sale of advertisements that are accessed by iPhone, Plackbeny and Android users as they enter into the Wi-Fi area In addition, the DMC would like to erect four to eight Virtual Kiosks and several digital touch pad signage locations in store windows. She stated Interactive Mega applications may also be projected from the sides of buildings or sidewalks. Mrs. Gray asked who will be responsible for the maintenance of the equipment at the end of the agreement and will generated funds be used for advertising the downtown area Ms. Martin stated unless we renew the agreement at the end of the year, Plue Web Media will come in and remove the equipment and they are responsible for the maintenance. She stated the generated funds will be used to advertise the downtown area. Mr. Eliopoulos stated this is exciting and cutting edge. However, he fears the unknown side of this. He stated regarding the cites ordinances what are we expecting from these kiosks and how will they be set up. Mr. Eliopoulos asked if there are examples of where this has been done. Ms. Martin replied that we will be the first downtown area to utilize this. Vice-Mayor Frankel stated the downtown area is cluttered and he is concerned with the placement of the kiosks. He stated the technology is great. Mr. David T. Hardery City Manager, stated that ~ will have to write ordinances to address this issue first. Mrs. Lula Sutler, Community Improvement Director, elaborated on the changes that will have to be made to the sign code to accommodate this technology. Mr. Eliopoulos stated the information should be brought back to the Commission before it becomes final. Ms. Martin asked to display a test kiosk at 110 E ast Atlantic Avenue in the portico area. Mr. Brian Shutt, City Attorney, explained the process regarding the ordinances. It was the consensus of the Commission that Mrs. Putler will contact Ms. Martin regarding the sign code and ordinances. 2. GREEN IMPLEMENTATION ADVANCEMENT BOARD ANNUAL REPORT Mr. Richard Reade, Sustainability Officer, on behalf of, the Cites Green Implementation Advancement Poard (GIAP) provided the City Commission with an annual status report and recommendations related to the Cites green and sustainability efforts to proceed forward Mr. Reade also highlighted information on the Roles & Principles of the Green Implementation Advancement Poard, information related to the recommendations that have been provided to the City by the GIAP, and reviewed Green & Sustainable City Projects that are in progress/completed He also discussed specific ICON Projects expected to begin/be completed during the upcoming year regarding Land Development Regulations, reviewing and updating the original Green Task Force Report and the Public Pike Sharing System. In addition, Mr. Reade introduced the board members: David Hawke, Vice Q~air; Jayne King, Ana DeMelo, former board member Nancy Schneider and Sarah Martin who was present earlier in the meeting. Mr. Eliopoulos stated he liked the presentation and would like to see something about the shared bike system. He commented that he likes the checks and balances; and commended the board on a good job. Mrs. Gray asked if ~ are going to pursue state and federal grants. She thanked Mr. Reade for the presentation and asked if we are still moving forward with LEED certifications. Mrs. Gray stated she is in support of the shared bicycle program. Mr. Reade stated we have a resolution that addresses LE E D certifications. Vice-Mayor Frankel thanked Mr. Reade and the board for all of their time and concurs with Mr. Eliopoulos and Mrs. Gray. He asked what locations will be targeted for the bike sharing program. 3. DISCUSSION REGARDING A PROPOSED FINANCIAL LITERACY PROGRAM Mr. Pill Wood former Q-iamber of Commerce President, now with Consumer Credit 1\ilanagement Services (CCMS), introduced this item as we11 as Mr. John Gormley III of CCMS who gave an overview of the current functions of CCMS and the programs/assistance they provide. He stated CCMS wnuld like the City to partner in a financial literacy program titled "Operation Money Makeover' with CCMS. Ms Maria Gaitan, Vice President of CCMS, discussed the proposed program. March 8, 2011 Ms. Gaitan stated April is National Financial Literacy Month and this will be a t~lve (12) month program. The proposed financial literacy program is intended to raise awareness of the importance of being "financially fit", to develop and encourage a more "financially fit" Delray Peach community, and to help local families and individuals reduce debt and increase savings in hopes of improving credit scores. Mrs. Gray asked are there any fees associated when the person enters the program and what will be the locations for the classes/seminars. Ms. Gaitan stated this will be free to the citizens of Delray Peach and they are asking for the city`s help with the promotion of this contest and venues. Mr. Eliopoulos stated he supports this program and asked where is the new location for CCMS. Mr. Frankel asked Mr. Harden what is the city`s position on this. Mr. Harden stated from his understanding, CCMS is asking the city to lend its name to the contest by assistance with the promotion of it and locations for the classes/seminars. Mts. Gray asked if local persons will be hired Mr. Shutt clarified with the Commission that the city is only supporting the contest itself. It was the consensus of the Commission to support the contest. 4. DISCUSSION OF A PROPOSED ORDINANCE OUTLINING THE CONCEPT OF COMMUNITY GARDENS Mts. Putler stated she was initially introduced to the concept of community gardens approximately twenty (20) years ago on a site visit in Postory Massachusetts. She gave a PowerPoint presentation highlighting certain gardens throughout the city and stated Commission is asked to consider the rules, standards and other conditions proposed to be included in a new ordinance governing the permitting and approval of community gardens. Mrs. Putler stated in structuring the proposed ordinance, staff took into consideration the common basic elements of successful community gardens, past experience and other Municipal/County ordinances that are in place. The ordinance is modeled after the City of West Palm Peach's ordinance and is intended to provide for the implementation of community gardens, setting forth standards and zoning area criteria where such gardens shall be permitted The intent of permitting community gardens is to allow a group of residents to grow produce and horticultural plants for their consumption and enjoyment without creating adverse environmental impact or land use incompatibilities. In additiory all community gardens shall require administrative plan approval through the Community Improvement Deparhnent. The application shall require the properly owner's consent and the following items will be attached layout of plots and other components proposed on the site of the community garden, setbacks from adjacent properties, identification of water supplies, established operating rules identifying the governance structure of the garden and maintenance and security responsibilities; contact information for the person responsible for the oversight of the garden The owner of the property on which the garden is located shall be responsible for maintaining the property. If the properly is not used as a community garden for 120 or more consecutive days, the site shall be restored back to its normal condition Mr. Eliopoulos supports this in general and stated it is a good use of vacant land He is concerned with the management of the gardens and the structures. He wants to make sure that we are well awrare of who will manage them. March 8, 2011 Mts. Gray asked about insurance and who will be held responsible for any injuries that may occur. She also asked if the city will offer education regarding the community gardens. She stated she supports this. Mts. Sutler stated the land owner will be held responsible for injuries that may occur and staff is in the process of preparing an educational curriculum regarding community gardens. Vice-Mayor Frankel stated this is great. Mts. Putler stated staff will move forward with the ordinance. Vice-Mayor Frankel adjourned the Workshop Meeting at 7:28 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, March 8, 2011, which NTirtutes were formally approved and adopted by the City Commission on March 15, 2011. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. March 8, 2011 WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environn~ealt; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; and WHEREAS, the South Florida Water Managen~ealt District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the City of Delray Beach and the State of Florida have designated April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April, 2011 as: WATER CONSERVATION MONTI~ in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15~ day of March, 2011. NELSON S. McDUFFIE WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal governrr~ent designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 43rd Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and j ustice for all -principles upon which our nation was f ounded - we all need to share in the f fight to ensure f air housing is a reality f or all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2011 as: ~ffl~ I~~U,~SINC~ t~~N~l~ in the City of Delray S each, Florida, and urge all citizer~S to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15~ day of March, 2011. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 9, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 REQUEST FOR SIDEWALK DEFERRAL/1011 SEAGATE DRIVE ITEM BEFORE COMMISSION The item before Commission is consideration of a sidewalk deferral along Seagate Drive for property located at 1011 Seagate Drive. BACKGROUND The project involved the demo of an existing two-story house and construction of a new two-story single family residence. Currently, there are no plans to install a sidewalk along Seagate Drive. The sidewalk deferral was supported at the October 30, 2008 DSMG meeting. RECOMMENDATION Staff supports the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Oft`ice 200 N.W. 1st Avenue Delray Beacla, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the Cit3T) and ~ ~ ~ ~~ (hereinafter the Owners), fox the puzpose of 'waiving the xequirezzzent of the installation of a sidewalk along 4~ ~~', ~ ~ until such time as the Cite requests the construction of the sidewalk by the Owner. WHEREAS, Land Deve]opment Regulation Section 6.1.3(C) requites the installation of a sidewalk, within the ~~14 _ __ , right-of--way ixxzzxzediately abutting the subject propez-ty, by the Owner pxioz' to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver fxoxzi the xequirement of the installation of a sidewalk pursuant to Land Developzrzent Regulation Section 5.1.3(D)(1)(b); and, WHEREAS,, in order to provide conforxnit3~ along the stzeet the Cit~r Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S:IE'ng.4dminlSiclew~IkDeferralslsidewalkdeferralagmt.doc ~ WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the zequirement for t4he installation of a sidew- ^alkq, at this time, for the pr~oypert~y lo+~cated at: rW 4d ~ ~ P~ Y ~ "iw f 3~ b 0~ ~°l ~ 1~ { i p l . The Owner agrees to construct a sidewalk, at its sole cost anal expense, alazzg the ~ ` right-of--way abutting the subject property, within a time pez7od that is acceptable to the City, after being requested to do so by the Ciry, The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20~W. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor S:1Eng~IctminlSidewalk Deferrafs4siclew~lk deferr•~1 agmt.dac ~ OWNER; ~, ~u ~,.,~.. ~~~~.~~- ~.- ~ ~ :~ (Please type or print name) STATE OF ly * ~ ~ ~- COUNTY OF `~ ~ ~ ~ ~ ~ ' ~tlCx~,~6Y~ BEFORE ME personally appeared -~- ~ ]ti;t~ ,~~ ~ _ ~ E, ~ ~~~~' who [is] dare] personally known to me or [has] shave] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument far the purposes expressed therein, WITNESS m hand and official seal this ~~ ~ + , ~ , Y , l ~" day of ~-~~~. 2p~. r _- My cominissior~ expires: (l~-~ 1 ~ ~ ~ _ ~~-ti #i~~ `~~~~~ 1 Notary Public ,.ot`,s ~~l) OANI@LLE ROMANOYVBKI a rR ;°~ ~ Nakary Puk)kic • Stale o! Florida ''~ ; ~ Icy Comm. Expires Jan 2Q, 2015 -''f,~i„td;'.~ Commfsslan +Y EE 58Ef37 agt~sidewalk deferral agree~~aent S: 4Engfldrain~Sidewalk Deferrals4siclewalk deferral agrrat.rloe 3 r i t 1 ~~ • ~R'._..~ F . ~J _ ~ k .. '~ rt~ '-~~ ~ ~ ~ k ~ ~ . ~- ,. ,j .. .,~ ~ x .~' ~ "~ ~7 ~~ Jx .'~ Y ~S. . -.~11/° •~ ~ HIBISCUS RCS' N ~; `~ ; :~ r .~ _ .~ ~~ ~i iii ~ i~ ~*~~ ~ti''~~ ~ ~ r ~,.~ ""~, ~ ~ ~'"~1 .. ti. ~ C ~ ~ ~ ~ ~,~ r Y J~ ,~} ~ A;r~ ~ v ~ f ~F~G.ildll e„n 'i..1; ~ fir. H ~ .~ xpe;.. ~ ,. ~.,'nl. ~ .. .. ,. ~ ~°X ~.~. ar YY i g ~ ~ : ~'' ~, ~., o ~, ~ b 1~ mm ,. 1 ~ ~ w ~" ...ttt ~,.~ ''rr'' '} i' +• Y- .~^ ''1 1 „ '~ ~` r ~ Y y . . ~''~ W ~ k.a~ ~ ~ ~- ~' . I~ ~ ~ ~ ~, ~ F w. ~: i i, - o.' Ili a ' .~ / { W. A ~ ~~ Awl. ~ ~, •~...1~ ~' ~ ~, n _ ~ d~i ~ ~„~- ~ ~' a r ~ ~ ~~ 1~. '' ~ ~ , *~ ` ~ ~ ' Y M w ~~ ~ ~ ~' ,. >,, ~ ~" ..~ f ,,~ s ~~' ~,~ its ' ,~,, ~ ,~ ~ `~ st, . ,'" '" ~,' j, h :~'.~ 1~ r ~~ ^^ ~ ~, '';! ~ ~ ~' a ,~ , ~~ ~~ .; i 4'°e"''~' ~„ be ~ ~ i~~ ~~ * f . u n ~~ ~~ :~ ~.~ ~, , ~~~ iii ~~ ~ ,,,,~ ~, ~~ ~ ~f ~, -~ •~ ~.; Illiuf,~l~~~~~~~ ~~~~ ;,,,a ~ ~~` ~ ,r " x~ f ~., ,~ ~ '1'"~ »~- ''f'~4' ,/, y ~(j~,,( ~ ~ CITY of DELRAY BEACH SIDEWALK DEFERRAL DATE:03/09/2011 ®g ENVIRONMENTAL SERVICES DEPARTMENT ®~ 434 BOViH BWNTON AVBrUE, DELRAY BEACH, ROFIDA 39444 1011 SEAGATE DR. #09-122419 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 4, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 SERVICE AUTHORIZATION N0.07-15.2/MATHEWS CONSULTING, INC ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for the Mayor to execute the service authorization amendment #07-15.2 with Mathews Consulting, Inc. for the design of SW 12 Ave./Auburn Ave./SW 14 Ave. improvements Project #2010-098. The cost of this Service Authorization is $4,767.00. BACKGROUND This project is in coordination with the Community Redevelopment Agency and Palm Beach County, and is part of the Southwest Area Neighborhood Redevelopment Plan. The service authorization for design was approved by City Commission on Apri16, 2010. That service authorization provided for the design of Roadway Improvements on SW 12th Avenue from Atlantic Avenue to SW 4th Street, Auburn Avenue from SW 4th Street to Auburn Drive, and SW 14th Avenue from SW 8th to SW 10th Street. As part of the SW Area Redevelopment, the Community Redevelopment Agency (CRA) plans to provide on-street parallel parking on SW 12th Ave. and move the vehicular access to the rear of the property. The CRA has identified twenty-six (26) properties that will accept rear parking areas along the project corridor. Service authorization amendment 1 was for design of parking spaces that will be accessed from the alley at the rear of the property, and for drainage along SW 4th Street from Auburn Avenue to SW 10th Street, which was approved by City Commission on September 7, 2010. Lighting improvements are proposed along the SW 12 Avenue corridor originating at Atlantic Avenue and extending south to SW 1st Street. The City would like to change the metal halide fixtures from the initial design to LED fixture while keeping the same level of proposed lighting through the project corridor. This service authorization provides for additional engineering design and bidding services to revise the proposed lighting from metal halide fixtures to LED fixtures. FUNDING SOURCE Funding is provided in accordance with an Inter-local Agreement with the Community Redevelopment Agency, and is available in account # 334-3162-541-68.04. RECOMMENDATION Staff recommends approval. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-15.2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1544 TITLE: SW 12th Av/Auburn/SW 14th Av -Amendment No. 2 This Amendment No. 2, when executed, shall be incorporated in and shall become an integral. part of Consulting Service Authorization No. 07-15. TITLE: Agreement for General Consulting En ing_ Bering Services I. PROJECT DESCRIPTION This Amendment No. 2 provides additional engineering design and bidding services for the SW 12th Ave/Auburn Ave/SW 14th Ave project. This scope of work is for providing a photometric evaluation to revise the proposed lighting from standard metal halide fixtures to LED fixtures. Lighting Improvements Lighting improvements are proposed along the SW 12th Avenue corridor originating at Atlantic Avenue and extending south to SW 1St Street. The City would like to evaluate -the revisions required to replace the metal halide fixtures to LED fixtures while still keeping the same level of proposed lighting through the project corridor. Due to the accelerated timing of this project, the design plans will be Bid showing the original metal halide fixture design. The Consultant shall perform a photometric evaluation and provided an updated cost estimate featuring LED fixtures. At that time, the Consultant will provide revised drawings to the City for review. The Consultant shall have one (1) meeting with the City to review the findings. At the direction of the City, an addendum will be prepared for the LED fixtures and issued to the Contractor during the Bidding Phase. II. SCOPE OF SERVICES Phase IV - Bidding/Negotiation Phase 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to include the revised street lighting design. III. TIME OF PERFORMANCE The proposed work will be completed and addendum issued within 3 weeks of Notice-to- Proceed. The Bid opening date is March 31, 2011. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to AttachmentA for budget summary. En inking Services Estimated Fees Phase IV - Bidding/Negotiation Phase $ 4,567.00 Out-of-Pocket Expenses $ 200.00~1~ TOTAL PROJECT COST $ 4,767.00 Notes: ~l~0ut-of-Pocket Expenses include the following: printing/reproduction and postage. 2 This Service Authorization Amendment No. 2 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may commence work on any Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Name Title Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2011 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. 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W. 4TH AUBURN CIRCLE D J ~ ~~ ~ ~P 0 AUBURN DR. ~ U S, W, 2ND 3 ui 3 vi S. W . 3RD CITY of DELRAY BEACH SW 12th/Auburn/SW 14th DATE:3/09/11 o ENVIRONMENTAL SERVICES DEPARTMENT 434 80UTH 8',WMON AV9rUE, DRAY BEAq{ FLOFlDA 93444 Amendment 2 Pro •. 2o1o-oss 1 of 1 J # MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Service Department THROUGH: David T. Harden; City Manager DATE: March 4, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 SERVICE AUTHORIZATION N0.07-13.2/ MATHEWS CONSULTING, INC./ RECLAIMED WATER EXPANSION -AREA 11B ITEM BEFORE COMMISSION Service Authorization #07-13.2 to Mathews Consulting, Inc. in the amount of $14,972.00 for professional construction management and inspection services. The services will be on a limited basis to cover specialty construction means and methods, utility conflicts, and final project certifications for the construction of the Area llB Reclaimed Water System project, P/N 2010-074. BACKGROUND The Area llB Reclaimed Water System project continues the expansion of the reclaimed water system on the Barrier Island, from Beach Drive north to George Bush Blvd. Associated with this project are some water main and force main upgrades, drainage improvements, attachment of utilities to a bridge (Island Dr.), and crossing of a FDOT roadway (Atlantic Avenue). Specialty construction means and methods will be utilized for some of these improvements. Water main upgrades will be accomplished utilizing the pipe bursting method, the force main upgrade utilizing the directional drill method, while the reclaimed water main crossing the Island Dr. bridge will require specialty fittings and bridge attachments. Installation of a reclaimed transmission main under Atlantic Avenue is through an existing casing pipe. Drainage improvements involve conflicts with existing utilities. Service Authorization No. 07-13.2 is for limited inspections and construction management services for when the specialty construction means and methods will be utilized. The scope of services includes attending limited monthly progress meetings, review of shop drawings, field observation and inspections, maintaining activity records, review of final as-built drawings, final project inspection/punch list, and reimbursable expenses. Not included is the need for additional services due to uncertainties discovered during construction activities. Such services, if needed, will require a separate written authorization from the City. Total cost for this Service Authorization #07-13.2 is $14,972.00. Previously, actual design of Area llB Reclaimed Water System was approved on December 1, 2009, as Service Authorization #07-13, in the amount of $178,642. After a re-evaluation of the Reclaimed Master Plan, staff realized that serving City areas took priority over serving the Town of Gulfstream, therefore, pipe sizing could be reduced if in the future only limited reclaimed service was considered for Gulfstream. On December 7, 2010, staff requested approval of Amendment #1 in the amount of $4,659 (Service Authorization #07-13.1) which consisted of redesigning the transmission main to the appropriate pipe size (smaller) and was approved by the City Manager. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer FundlReclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Service Authorization #07-13.2 to Mathews Consulting, Inc. in the amount of $14,972.00 for construction management and inspection services relating to the Area llB Reclaimed Water System project, P/N 2010-074. CITY OF DELRAY SEACIH CONSULTING SERVICE AUTI~ORIZATION DATE: SERVICE AUTHORIZATION NO. 07-13.Z FOR CONSULTING SERVICES CITY P.Q. NO. CITY EXPENSE CODE: CITY PROJECT NO. PIN 2010-074 MATHEWS CONSULT. PROJECT NO. 1534 TITLE: Reclaimed Water Expansion Area 11B Additional Services ,,. This Amendment No. 2, when executed, shall be incoxpoxated in and shall become an integral part of Consulting Service Authorization No. 07-13. TITLE: A reement for General Consultin En ineerin Services I, PROJECT DESCRIPTION The City of Delray Beach has recently completed design and bidding of the Reclaimed Water Expansion Area I1B Project. The piping will convey reelairned water to the residential properties on the Barrier Island. The project has SFWMD AWS Gxant liunding and the project has to be completed in August/Septerrzber 2011. This Amendzxaent No. 2 provides for limited engineexing services during construction of the reclaimed water piping and appartenanc~s. II. SCOPE OF SERVICES Phase V -- Construction Administration Phase Task Z..I - Precorxstructiorx Co~zference Consultant shall attend a preconstruction conference with representatives of City, Contractors and majox subcontractors for the construction contxact. City shall prepare, in writing, minutes of conference. Task 1.2 -Shop Drawir:.~ Review Review up to five (5) Specialty Shop Drawings and Product (pipe bursting, directional drilling, Atlantic Avenue crossing, drainage structures, bridge crossing) subrriittals for general conformance with the design intent and provisions of the Con#ract Dacrunents. Consultant will review and return shop drawing comments to the City. City will be RWMaFea11B Amend #2 03/07/11 responsible for receiving, logging and overall review of the shop drawings and distribution back to the Contractor. Task 1.3 -Monthly Meetings Consultant shall attend monthly construction progress (up to 5) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 1.4 -Construction CertiFcatio~zs CONSULTANT shall certify to the Florida Department of Transportation (FDOT) based on the visible project features, City inspections and As-Built drawings, that the project in FDOT rights-of--ways was constructed in accordance with the plans and specifications submitted in the permit application. Task 1.5 -Specialty Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following: • Drawing C-25 & C-26: Pipe Bursting Segments • Drawing C-26 & C-27: Directional Drill Segments • Drawing C-7: Atlantic Avenue Crossing • Drawing C-15: Bridge Crossing • Drawing C-18: Drainage Work • Dewatering • Removal of Unsuitable Material • Reclaimed Water Meter Boxes • Critical "Unknown" Utility Conflicts We have budgeted 60 hours for this task. Task 1.6 -Substantial and Final Inspection Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch-list will be prepared for each inspection (substantial & final). ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. RWMareal 1B Amend #2 03/07/11 2 1. The construction duration is 180 calendar days. 2. City personnel will provide daily inspections of the project and witness all pipe installation, pressure testing and density testing. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). En ineering Services Time per Phase Cumulative Time Phase V -Construction 180 days 180 days VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. En ing Bering Services Estimated Fees Phase V -Construction $ 14,472.00 Reimbursable Expenses~l~ $ 500.00 TOTAL PROJECT COST $ 14,972.00 Notes: ~1~Reimbursable Expenses include the following: printing/reproduction and postage. RWMareal 1B Amend #2 03/07/11 3 This Service Authorization Amendment #2 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date: MATHEWS CONSULTING, INC. Date: 3 °~ "7 t i David Mathews,,~I~.~., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2011 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personall known to _meZ.or (has produced 1 enh Ication), Florida Driver's License and (did/did not) take an oath. Sig ture of rson taking C~ acknowledg ent ,~ :-~..~r ;a~W'Y °4~~r Notary Public State of Florida RWMareal 1B Amend #2 03/07/11 4 Nancy Armstrong ~ = o` INy Commission DD786482 °°~, os r~U4' Expires 05)0612012 Q N Z W 2 U Q a O Z C d '~C a y 01 V .~ O .~ V h 0 U ti 4~i Q 0 .~ a W ti ai v 41 C X01 q O ;G' V d a m C N Y N ~ ~ ,U 7 Z N M O U ~ w~ M d0' 'd (00 N W N V N a N O ~ ~ d, ° r ~ a ~ J ~ fA 64 ~ 69 69 ~ ~ ~ w ~ O U O . ~ ~ O O ~ U ~ w `o_ 'o c po ~ ~ j'~rn ° O °~ ~ ~ ~ O 2 lc6 '~ D1 .C O c N W~ O O ~ O . ~ In ~ U w C rp O O U U O c O O N ~ ~ ~ ~ o c sa J U y o ~o c 00 ' ° 0 6°a m o w ~ `o_ ~ °o, ' O O ° O c C N ~ OI M M M O M p j^ Nw~ M o-a°i°o ~ n o ~ 'V ,C ~ ~ V M O ~ In ~ ~ O M O ~ M ~ M r In O 'd' a p ~ `- ~ p ~ O ~ O et' , d W 6R 69 iR W 6R W O d 7 N y (Q d W S a .D N ~ O ~ c in LL c O O ~ w U ~ 7 O c y- ~ GI • N C N D U N N ~ N N d a0. C N ~ O O O . g 'O Q U ~ ~ f0 ~ ~ ~ ' ~ LL, 2 U N p U ~ ~ w W _ _ O ~ C _ U ~ lQ (6 U C C c r d ~ ~- U ~ ~ 3 N ~ L ° (A ~ (6 m ~ ~ +• > > > w w ° ~ w c O U ~ ,L '0 c6 N ~. O O O .a U W ~ N O C O i O L O O a 7 N lL6 ~ 7 7 7 X01 O H U d Cn ~ U (n (n J J J (n fn fA ~ 0. O Z ~ N M V ~O (O O ~ Y Y Y Y Y Y L F- ~ ~--' ~- ~- I- m C 7 N C O U N 3 a~ L cQ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 9, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 PAYMENT OF INVOICE/CITY OF BOCA RATON ITEM BEFORE COMMISSION Approve payment to City of Boca Raton in the amount of $25,988.85 for water used through the City of Boca Raton/City of Delray Beach interconnect during the emergency repair of the 36" Raw Water Main at the intersection of SW 10th Street and 15th Avenue. BACKGROUND On January 31st, 2011, Utilities was alerted to a sink hole with flooding conditions at the intersection of SW 10th Street and 15th Avenue. Utility crews confirmed a failure on the 36" Raw Water Transmission Main from the Morikami and Golf Course well-fields. Unfortunately, until the pipe segments were completely repaired, the wells in these wellfields could not be used to meet our demand. The City's source capacity was reduced by 30-40 percent. Therefore, staff contacted neighboring Cities to open potable water interconnects. The interconnects were open for15 days. Although the repair work was completed within 7days, the transmission main had to be flushed and pass strict bacteriological testing before Palm Beach County Health Department would release it back into service. The City of Boca Raton invoiced the City $25,988.85 for the water used through its connection; a total 36.45 million gallons over 15 days. The commodity rate charged the City is $0.713 per thousand gallons. Back in 1990, the City entered into an agreement with the City of Boca Raton for construction of an interconnect (meters and vault), with charges for usage at a negotiated commodity rate of $0.53 per one thousand gallons. The agreement also stipulates conditions for usage of the interconnect. The present agreement is over 21 year old, thus throughout this time both parties have had multiple utility rate increases. The City's own commercial rate is $1.94/thousand gallons. Considering the emergency nature of the situation and the strong interest in maintaining neighborly relations, staff feels the commodity rate charged is fair and equitable. Staff also recommends that these long standing Emergency Water Agreements be reviewed, and commodity rates re-negotiated to reflect current pricing, and amended as necessary. FUNDING SOURCE Funding is from account #441-5122-536-34.90, Water and Sewer Fundl Other Contractual Services in the amount of $25,988.85. RECOMMENDATION Staff recommends payment to the City of Boca Raton in the amount of $25,988.85 for water used through the interconnect during the performance of emergency repair work on the broken raw water transmission main at SW 10th Street and 15th Ave. 6p . o ~ City of Boca Raton _ 201 W, Palmetto Park Road Boca Raton, FL 33432-373Q ° °°°p {5b1) 393-773$ Customer Service 8:0~ A.M. - 4:45 P.M. Monday-Friday ,~ ,. >; ~vo~C~ .. .. ACCOUNT NUMBI~,R B1LL DATE AR- 415212520E - US 2/24/11 City of Delray Beach Env.Svcs.-c% Richard Hasko DELRAY BEACx,ur~,3saaq INVOICE TOTAL $2.5,988.85 Balance is due when rendered. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE 1.G0 Interconnect use: 2/3/11 25,988.85 25,988.85 - 2/18/11 Hidden Valley Pump Station Meter no. Badger # 90676868 Consumption: 36.4.5 million gallons PLEASE DETACH AND RETURN TH15 PORT]ON W]TH REMITTANCE PAYABLE TO THE CITY OF BOCA RATON PLEASE BE SURE OUR RETURN ADDRESS SHOWS THRO UGH THE ENVELOPE WlNfJDW. ACCOUNT NUMBER NAME AMOUNT DUE AMOUNT PAID AR- 4152/252QE - U,5 City vtDelray Beach $25,988.85 AI,LPAYMENTSMU~TBEMADEINU.S FUNDS INVOICE NUMBER 12853 MAIL PAYMENT TD: INDICATE MAILING ADDRESS CHANGE BELOW: City of Boca Ratan Financial Services 201 W. Palmetto Park Raad Boca Raton, Fl. 33432-3730 / Qb l x M ~, MM~ N A v V ,~ V .~ ,~ ~~ CITY OF DELRAY BEACH THIS AGREEMENT by and between the CITY OF BOCA BATON, a Florida municipal corporation, hereinafter referred to as "BOLA BATON", and the CITY OF DELRAY BEACH, a Florida Municipal corporation, hereinafter referred to as "DELRAY BEACH". W I T N E S S E T H WHEREAS, DELRAY BEACH and BOCA BATON have water lines in close proximity to each other west of Intracoastal Waterway and the C-15 Canal; and, WHEREAS, DELRAY BEACH and BOCA BATON desire to guard against the potential danger of failure of water service to customers within their service area; and, WHEREAS, DELRAY BEACH and BOCA BATON desire to address their mutual concern by entering into this interlocal AGREEMENT, pursuant to Section 163.01, Florida Statutes; NOW, THEREFORE, in consideration of the mutual promises contained herein, DELRAY BEACH and BOLA BATON agree as follows: 1. DELRAY BEACH will connect their water system to the water system of BOCA BATON in accordance with mutually agreeable specifications and in accordance with contract documents prepared by Olsak and Associates, Titled, "City of Delray Beach, Water Main Interconnection" dated September 1989. 2. DELRAY BEACH and BOLA BATON will equally share the cast of such connection. Payments sha11 be coordinated through the respective Finance Departments of DELRAY BEACH and BOCA BATON. Estimated project cost of $7©,000 shall be equally divided between DELRAY BEACH and BOLA BATON, 3. The connection will be controlled by two valves, one of which will be operable by DELRAY BEACH and one of which his operable by BOCA BATON. the party not experiencing the emergency will be opened so as to permit the f low of water to the party experiencing the emergency. No supply of water shall be provided except in case of an emergency and upon the following terms and conditions to be determined by the supplying party: a. There must be a sufficient surplus of potable water available to meet all the anticipated needs of the supplying party. b, The supplying party may limit the amount of water to be supplied. c, The supplying party may limit the hours or days of supply. d. The supplying party may require the receiving party to impose use restrictions on its customers as prescribed by the supplying Party. e. The supplying party may place an automatic expiration date upon the emergency supply period which may be extended only by the City manager for the Cities. 5. The water used will be measured by an eight inch turbine meter with a capacity of 3,50Q gallons per minute. Charges for metered water use through the interconnection shall be at a negotiated, commodity rate of .53 per one thousand gallons in effect for residential customers. No capacity or other f fixed charges shall be assessed. Adjustments to said charges may be made by written agreement. When water is utilized, the meter or meters. shall be read concurrently by "BOCA BATON" and "DELRAY BEACH" approximately the first of each month. Payment by the user to the supplier for water consumed shall be within thirty E301 days after furnishing of monthly bills. 6. In case of an emergency, a written or verbal communication from the City Manager or his authorized represen- tative, setting forth the emergency and estimated time of use, 7. Each party to this AGREEMENT expressly acknowledges the right of either party to refuse to provide the emergency water service, as set forth in this AGREEMENT, if the party refusing determines that the provision of such service would not be in its best interest or would constitute a damager t the health, safety and welfare of its citizens. In the event of such refusal, the requesting party agrees to waive any claim of loss or damage against the refusing party. 8. This AGREEMENT may be amended only in writing, executed by both parties to this Agreement. 9. This AGREEMENT may be terminated by either party upon thirty {30) days written notice reporting the results of a motion adopted by the City Commission seeking termination of the agreement. 10. This AGREEMENT shall take effect upon its execution by both parties, and its filing with the Clerks of the Circuit Courts in and for Palm Beach County, Florida. Dated at Boca Raton, Florida, this ~ Y day of 1990. FOR CI'1'Y OF ~.~~A., RATON ,.._ FOR CI F DEL"R.A,Y~c~H` By : ~~ ~~~ By - ~ Ma~ior ~ - May _~~ 1 .~ ~. Attest: ~ ~ test: ~ City C1 ~ City Clerk;;~• • :~ c; Approved as td~Form: App ed as to Fa °" ty Att ey (~~„y~City Attorney i RESOLUTION N0. 84-94 a 2 ~° 3 A RESOLUTION OF THE CITY OF BOCA RATON AUTHORIZING 4 THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT 5 WITH THE CITY OF DELRAY BEACH FOR THE PURPOSE OF 6 PROVIDING AN EMERGENCY WATER INTERCONNECT BETWEEN 7 THE CITY OF BOCA RATON AND THE CITY OF DELRAY g BEACH 9 ZO WHEREAS, the City of Boca Raton has found it desirable to enter into 1i an agreement with the City of Delray Beach for the purpose of providing an i2 emergency water interconnect between the City of Soca Ratan and the City 13 of Delray Beach; and 14 WHEREAS, such agreement has been prepared and a copy thereof is '75 ttached hereto; now therefore 16 .. 17 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOLA RATON: _. 18 19 Section 1. That the Mayor and City Clerk be authorized to execute the 20 greement with the City of Delray Beach, a copy of which is attached hereto. ,21 Section 2. This resolution shall take effect immediately upon adop-. 22 tiara. 23 PASSED AND ADOPTED by the City Council of the City of Boca Ratan this 24 p~ ~ day of ~ 1990. 25 2fi CITY OF BOCA RATON, FLORIDA 27 ATTEST: ~] ,` ~ ~~ ,I mi anc~u, ayor r 29 ' , r -. 30 an ace Br1 gwater, ,ty C er 31 C/A 32 _ _ C~ C:l'L'~L VC 1i3~.l~itAi ~~~ ~~ THIS. AGREII r~T~ ~y and between the~~CIT'~ OF BOCA BATON, a Florida municipal corporation, hereinafter referred to~ as "BOCA RATOK" , and• the CITX OF DELRIIY BEACH,. a. Florida Municipal corporation, hereinafter.• referred to as "DEE'.R.AY BEAC:i". W I„T N E~S S E T H WHEREAS, DELRAY BEACH and~.80CA RAT02i have wa.ter• lines in close proximity to each other west• of Intracoastal Y~aterway and the C-15 Canal; and, __ , WF~IEP.EAS, DELRAY BEACH and: BOCA R~tTON. desir~e~ ~ to. guard against the potential. danger of fa~.lur.e of water service to ccstomers.within their service area;~ and, WHEREAS, DELRAY BEACH and BOCA BATON desire to address their mutual concern by entering into this interlacal AGREEMENT, pursuant' to SecLion:163.a1, Florida Statutes; NOW, THEREFORE, in consideration of thy: mutual •~ promises contained herein, DELRAY RFxICH~and.BOCA BATON agree as followss . 1. DELRAY REACH' will connect thou water system to the water system of BOLA RA,TON• in acco=dance: with mutually agreeable specifications and in accordance with contract documents prepared by Olsak.~ and Associates, Titled, "City of Delray Beach, water Main Interconnection" dated September 1989: ' 2. DELRAY BE~-CH and BOCA RATODI` will equally share the cost of such conne~etion. Payments. shall be. coardinatecY • through the respeeti~ae~ Finance Departments of DELRAY. BEACH. and BOCA BATON. Estimated project cost of $7p,000 shall be. equally divided between DELR.AY BELCH and B4CA. BATON . s 3. The connection will be contralled.by two valves, one of which will be operable by DELRAY BEACH and one of which his operable by BbCA BATON. the party not experiencing" the. emergency' wi.~l ~~= ~r°•s°" "" to permit the. flow of water to the party experiencing the. emergency- No supply of water shall be provided except in case of an emerg~:ncY and upon the fcllawiag~ terms and. conditions to be~ determined by the .supplying party:. a. There must be~ a sufficient surpli~.s of potable water available to meet all, the anti.cipatec3 ..needs . of the. supplying party. b. The supplying party may limit the amount of water to be supplied. e. The supplying. party may limit thee- hours or days of supply. d. The supplying party may' regtizi.re the- recei.`•in9 party to 3.mpose use restrictions on its customers as prescribed. by the supplying party. - lace an automatic' e. The supplying party may p expiration date upon the emergency supply period-which may be extended only by the City manager far the ..^.ities. 5. The..water used will be measured by an eigh+~ inch turbine meter with a capacity of 3.5(30 gallons Per minute. Chargzs far metered water use through the interconnecti.un shall be at a negotiated, cammadity rate of .53 per one thousand gallons in effect for residential customer. No capacity or ather~ fix~:d ~,riarges shall be assessed. Adjustments ~ to said charges... may be. made by written agreement. When water i~ utilized; tie meter or meters shall. be road concurrently by "BOLA R.ATON" and "DELRAY BEACH" approximately the first of each month. Payment by the user to the supplier for rooter consumed shall be within thirty (30) days after furnishing of monthly ' bills. fi. In case of an emergency, a written or verbal. communication from the City Manager or his authorised represen- tative, setting forth the emergency and estimated time yof u~s\e~y~y _ _ ~~ - i_L_ ~~'~.. ~hP.l\d C+:' 1'1 A/~•f~.--C-rlT~ l.L aNe~• 1. EsGn party ~.~ ,...~.. ack'i~owledges the right of. either party rn refuse to provide. the emergency water service, as set Earth in this AGREENiF.~ZT- if the such service party refusing determinca that the provision of would not be in its best interest or would constitute a damager t tlne health, safety and_ welfare of ity citi7:ens_ In the .event of such re€usal, the requesting party.agroas~tia waive any-claim of lass or damage against the refusing party. g , This AGREE."aIF~T may ba amended': only in writing, executed•by bath parties to this Agreement. - g. T1115 AGREEMENT may be terminated. by either party upon thirty t30) days written notice reporti:ng~the results of a motion adopted by the City Commission seeking' termination of the agreement. 10. This AGFtEEMEKT shall take effect. upon its ' Ex b both parties, and its filing with. the Clerks. of executia Y the Circuit Courts in and. far: Palm Beach Count~~, Florida.. . this ~,_,~_ da~~ ay Dated. at Boca. Ratan, Florida, /1~-~- , 139x. FGR ~ CITY OE BOi~+ RATON F O _.CITY~ OF gI,RAY BEAC?~i ~. ~" B~ By ; - - - - ~ -r - ....^ ~ ' mayor iiayor,~ .U ,% i Attest : ~ ~ `~ ` Attest : ~~3 ~ ' ~ . ' City Clerk City c:rk Ap raved as to Form: , City Attorney App as to FoQrm' - AI /'Y~~" ~ 1 r GwV City torney r. .. 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 CONTRACT CONTINGENCY EXPENDITURE/ B & O CONSTRUCTORS, INC./HISTORIC SUSAN B. WILLIAMS HOUSE ITEM BEFORE COMMISSION This item is before the Commission to approve a contract contingency expenditure in the amount of $2,643.11 to B&O Constructors for the Historic Susan B. Williams House project. BACKGROUND The Spady Cultural Heritage Museum is located at 170 NW 5th Avenue. Operated by EPOCH (Expanding and Preserving Our Cultural Heritage, Inc.) this non-profit organization is dedicated to communicating the rich history and cultural diversity of Delray Beach. Adjacent to the museum is a one-story historic bungalow known as the Susan B. Williams House. In September 2010, B&O Constructors commenced renovations to this historic 1935 structure. Scheduled for occupancy in mid-April 2011, the facility will be become home to the museums children's programs, presently known as The Kid's Cultural Club House. The floor plan contains two activity rooms, an office, a break room and restroom. The proposed contract addition will add 10 calendar days to the agreement, and will be funded by the contract contingency allowance. It includes the following: $1,016.11-Engineered wood floor in lieu of laminated wood floor; the authentic wood floor is recommended for this high traffic classroom setting. The value added includes all applicable credits. $851.00 -Stamped keystone finish for all walkways consistent with the architectural features of the site. $776.00 -For additional ceramic subway the within the kitchen area and adjustment to the finish of the kitchen area millwork. The finished product will imitate the interior of a 1935 bungalow style structure. FUNDING SOURCE Funding is available from the contract contingency allowance. See the detailed allowance spreadsheet attached. RECOMMENDATION Staff recommends award of a contract contingency expenditure in the amount of $2,643.11 to B&O Constructors for restoration of the historic Susan B. Williams House. February, 2479 Dons#ruc#ian Projec# aetaite~ Allowances Spreadshee# . Project Information: lVlunr~ingslwms Rehab P!N 2t]9t1-085 ContractorlCorssuitant: f3 & O Constructors, ]nc. Con#ract Allowance Current A#fowance ttem ~ Allowance ba#e Data Amount Amount #3alance fieguested Approved Line ftem #2 General Allowance ~w96,004.fl0 Add'[. scopelcost ior. srrtall, flat rocf area to be built up reef system, in lieu of shingles, due to insufficient stops and code compliance; taual ADA cornpiiant sink in lieu of single non-campl€ant sink; V~laterlSewer service canneciions per revised civil plan sheet 6210125110, due io bidlpermit plans lacking utility connections. Approved by Clty Manager 91122110. t$J,896.18j X8,103.$2 1111912090 11/23/2090 Add`f. scopelcost for revision to interiorwail layout, revision to ADA compliant ramp & landing; add'I. structural suppprt; revision to method of anchoring storm ' shutters; add'I. ceramic tile; replacement of wafer healer (x3,386.50) $2,797,32 211/2011 2/9/2011 #o an instant hat fankfess, due to space (imitations. Approved by City ~rianager 212111. ~:--~P~~tDING 17~M8:'Tfze fotfowing items are Pending Items and,are in'tt~e'apprtiva3'process' ~::~.~:~'~~::~:~~.::~.:: ~::~.: Na Pending Hems Addittonat lnformatlan: In addltton to the above ]terns: the fotlowina has been added to the Contrac#; None Addittanat Protect 5xpenses Not Added tb the Cantraet: -Judson Architecture, Inc.- Construction Adminis#ration far the restoration, Approved by Commisston on 03116190. -Judson Archileciure, inc,- Add'!. Services relating to the monument sign; to Include processing the sign application with HPB & alt necessary approvals for construction. Approved by City Manager 02102111. TaEai Addtttonai Project i;xpenses Nof Added #n the Contract $2$,5Ct3.00 $1,700.00 $28,200.00 CONTRACTOR CHANGE ORDER 3 Crt?4r ~~~~? PROJECT HISTORIC SUSAN WILLIAMS HOUSE CHANGE ORDER # NAME RESTORATION INITIATION DATE: 1117/2011 PROJECT # 10-003 CONTRACT FOR: TO: CITY OF DELRAY BEACH CONTRACT DATE: BOB DIAZ You are directed to make the following changes in this Contract: ITEM DESCRIPTION AMOUNT Upgrade floor specs as per selected Engineering Floor {750SF) Original proposed Floor @ $1.tilSf $ (1,198.00) Provide and install new Engineering Wood Floor @ $3.981Sf $ 2,985.90 Use approved CHO #003 for Phis item $ (770,89) TOTAL THfS CHANGE ORDER $ 1,016.11 TIME EXTENSION (if applicable) .......................~----....................................................... The conditions of this change order are as follows: 1.- The Change order work, and work affected thereby, are subject to all #rade subcontract s#ipula6ons and convenants. 2.- The trade subcontractor between the parties, except as expressly modified herein, remains In full force and effect. 3.- The trade subcontractor agrees that by accepting #his change order and the accompanying compensation, if any, and time extension, if any, that any and all claims far any further cast or indirect damages or time extensions are satisfied and, therefore, waived. 4.- The change order is not valid until signed by the Trae Subcontractor and Trade Contractor. Aoreed To: 8 & O CONSTRUCTORS, WC. CITY OF DELRAY BEACH 8y: Owner Rep. 1 / CONTRACTOR CHANGE ORDER CGS o~a26 PROJI=CT H15TORIC SUSAN WILLIAMS HOUSB CHANGB ORDER # NAME RESTORATION INITIATION DATE: 1117f2011 PROJECT # 10-003 CONTRACT FOR; TO: CITY OF I]ELRAY BEACH CONTRACT DATE: BOB DIAZ You are directed to make the following changes in this Contract: ITEM DESCRIPTION AMOUNT Provide a Concrete Stamped Finish as per request (151LF walkway): Additional Cost concrete stamped Keystone patern $ 851.00 $ - $ - TOTALTHIS CHANGE ORCIER $ 851.00 TIME EXTENSION {If applicable) ................................................................................... 0 The conditions of this change order are as follows: 1.- The Change order work, and work affected thereby, are subject to all trade subcontract stipulations and convenants. 2.- The trade subcontractor between the parties, except as expressly modified herein, remains in full force and effect, 3.- The trade subcontractor agrees that by accepting this change order and the accompanying compensation, if any, and time extension, if any, that any and off claims for any further cost or indirect damages or Time extensions are satisfied and, therefore, waived. 4.- The change order is not valid until signed by the Trae Subcontractor and Trade Contractor. Agreed To: CITY OF D1=1.RAY BEACM By: Owner Rep. f B & o conlsTRUCToRS, INC. CONTRACTOR CHANGE ORDER ~~~ 8~~ PROJECT HISTORIC SUSAN WILLIAMS HOU5E CHANGE ORbER # NAME RESTORATION INITfATION DATE: 1/1712011 PROJECT # 10-003 CONTRACT FOR: TO: CITY OF DELRAY BEACH CONTRACT DATE: BDB f31AZ You are directed to make the following Changes in this Contract: ITEM DESCRIPTION AMOUNT Additional cast for: Kitchen Cabinet Caior Finish and boor Rised $ 600.00 Provide and Install additional ceramic Backsplash 3"x6" in the kitchen (1'-6"xi2') $ 176.00 p $ .. TOTAL TWIS CWANGE ORDER $ 77fi.00 TIME EXTENSION (If applicable) ................................................................................... The conditions of this change order are as follows: 1.- The Change order work, and work affected thereby, are subject to all trade subcontract stipulations and convenants. 2.- The trade subcontractor between the parties, except as expressly modified herein, remains in full force and effect. 3.- The trade subcontractor agrees that by accepting this change order and the accompanying compensation, if any, and time extension, if any, that any and all claims for any further cost or indirect damages or time extensions are satisfied and, therefore, waived. 4.- The change order is not valid until signed by the Trae Subcontractor and Trade Contractor. Agreed To: CITY OF DELRAY BEACH By: Owner Rep. 1 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 INDEPENDENT CONTRACTOR AGREEMENT/ ROBERT BRAND ITEM BEFORE COMMISSION This is an Independent Contractor Agreement between The City of Delray Beach and Robert Brand. BACKGROUND This is a renewal agreement between Robert Brand, an independent contractor, and the City of Delray Beach for Mr. Brand to provide services to the Police Department to conduct background investigations for prospective candidates for police officer and non-sworn police employment. This position will relieve overburdened detectives of the responsibility of conducting additional background investigations. As an independent contractor, Mr. Brand will not be entitled to participate in any pension plans or other benefits provided by the City. FUNDING SOURCE Mr. Brand will continue to be paid $30.00 per hour by the Delray Beach Police Department. The total cost of the services to be rendered will be approximately $20,000.00 (for independent contractors Lunsford and Brand together). Funding is from 001-2111-521.34-90. RECOMMENDATION The City Attorney's Office recommends approval. INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into this day of March, 2011, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and ROBERT BRAND, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide services to the City; and, WHEREAS, the Contractor has prior experience providing services required by this agreement; and, WHEREAS, the parties desire the Contractor to act as an Independent Contractor; and, WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and, WHEREAS, the parties understand that the Contractor, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City may provide an office for the use of the Contractor only while the Contractor is performing services on-site, but that the primary location for the conduct of Contractor's business will be as determined by the Contractor and will not be located on any premises owned by the City; and, WHEREAS, the City will provide all supplies necessary to provide the services contained herein, as determined by the City; and, WHEREAS, the Contractor is engaged to perform the specific tasks contained in Exhibit "A" hereto, but shall not undertake the general functions or management associated with the work in the City of Delray Beach Police Department. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Contractor shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Contractor's duties are as follows: a.) Contractor shall provide services as to the City as set forth in Exhibit "A". b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence upon the date of execution of the agreement and shall expire upon the completion of the services provided for herein. This agreement may be renewed on an annual basis upon the consent of both parties. This agreement may be terminated by either party by giving thirty {30) days written notice to the other. 5. Compensation. During the term of this agreement, the Contractor shall be paid $30.00 per hour, payable upon Contractor's submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate 2 Contractor for fees billed up to the date of termination. The City will pay Contractor for car mileage per the City policy. The City will also pay all travel expenses and a per diem meal allowance, in accordance with City policy, for all overnight travel, provided an estimate of the cost has been provided to the City in advance of incurring such cost and such cost has been approved. Further, regarding overnight travel, the parties shall agree upon the hours to be charged by Contractor prior to the travel, and Contractor shall first get the consent of the City prior to incurring any expense in excess of the agreed upon amount. 6. Relationship of the Parties. The parties intend that the Contractor, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Contractor shall have sole control of the work and the manner which it is performed. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Contractor is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Contractor shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Contractor shall be responsible for all federal, state or local taxes of any kind which Contractor now or hereafter shall be liable for or required to pay either 3 on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assictnment. This agreement is a personal service contract. An assignment of this agreement by Contractor without the written consent of the City is void. 10. Indemnification. Contractor shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Contractor or his officers, agents or employees, and Contractor shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Contractor shall at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: ROBERT BRAND Address privileged City of Delray Beach David Harden, City Manager 100 N.W. 1 st Avenue 4 C~slry Bsssh„ IFl_ 4 °N ~~r~rr~,wr~g fi..a~wr; genus. This cdre~e~'nent hfl ovsrr~sd by the lsvwr sf fibs tste e°E Flerid~i end venue hsil be ire Pslrr~ ~sssh ~eunty, Fi~au~id. 1 V~+~n.~icl~i~irt~~iC~rt, antssk~ar hll net. dierinr~inste ~n the ~~~i of ~sliisn„ race, sex„ ~n~itslU tstu sr hsrudie~p in tbs psr~sr~ree of this .~c,~reernent. 1 ~. Nc~n-E;;+~~~asi~re. Tbs ~rc~vii~n "~ ~ srvics rsvided ~r bsrsin i nen- sciuivs. Thee pity may rstin sddifi~nsV er~titie car ~~~ ~~ erfc~rrr~ the ~ ear in~iisr a~vc~r if ire its sale dicr;t~an fibs.... pity desires is dcr c, "~ entire Ac~~-eei~~et~f; fiLllac~ific~tiort Tbiu srseme~nt' centfiuts fibs erlit~r!e reen~~ent dstssn fibs pertie and u~asrsde ill rsvisus de~uian sr p~ei~a °~vritir~ detrssn the g~rties. Cis r~vsivsr, sitertien„ r~r r~s~ii~ictic~r~ cfi sr~y c,f the ~rrviien of tl-ris resrr~snt hsli be binding, unls ir-r ~wrritir~ and duly e~scutsd by the rtis. TT~T: pity isri~ ~~" i f , us to ~Qrlll; ~~ %~ ~, .~.., '°~.. . pity ~~.tr~rr~sy ., ~'y: '+IT~~~: ~~ err ~ricwt ~~ ~9ei~n '~. ici~utfie„ f~syc~r ~+~dTF~~Tf; ~~ .~:- C~BEIT ~~.P~d 5 (Type or Print Name) s EXHIBIT "A" GENERAL DESCRIPTION: Conduct thorough investigations into the backgrounds of prospective candidates for police officer and non-sworn police employment. Research, compile and organize data, investigate discrepancies and/or questionable information to be presented to the Chief of Police. Work is performed under the general supervision of the Training Unit Sergeant. MAJOR RESPONSIBLITIES: Interview applicants to obtain information regarding their work history, education, skills, etc., as required. Conduct comprehensive pre-employment background investigation in accordance with the guidelines established by the Florida Department of Law Enforcement to include on- site interview as necessary. Compose, edit and compile investigative reports, memorandums and other documentation related to background investigations. Review the application. Conduct personal interviews. Complete neighborhood checks. Contact previous employment of applicant. Conduct a criminal records check. Conduct a driver's license check. Verify all documents provided (citizenship, military, etc). Verify personal references and educational background. Conduct a credit check. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: March 9, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 INDEPENDENT CONTRACTOR AGREEMENT/HOWARD SCOTT LUNSFORD ITEM BEFORE COMMISSION This is an Independent Contractor Agreement between The City of Delray Beach and Scott Lunsford. BACKGROUND This is a renewal agreement between Scott Lunsford, an independent contractor, and The City of Delray Beach for Mr. Lunsford to provide services to the City of Delray Beach Police Department to conduct background investigations for prospective candidates for police officer and non-sworn police employment. This position will relieve overburdened detectives of the responsibility of conducting additional background investigations. As an independent contractor, Mr. Lunsford will not be entitled to participate in any pension plans or other benefits provided by the City. FUNDING SOURCE Mr. Lunsford will continue to be paid $30.00 per hour by the Delray Beach Police Department. The total cost of the services to be rendered will be approximately $20,000.00 (for independent contractors Lunsford and Brand together). Funding is from 001-2111-521.34-90. RECOMMENDATION The City Attorney's Office recommends approval. INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into this day of March, 2011, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and HOWARD SCOTT LUNSFORD, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide services to the City; and, WHEREAS, the Contractor has prior experience providing services required by this agreement; and, WHEREAS, the parties desire the Contractor to act as an Independent Contractor; and, WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and, WHEREAS, the parties understand that the Contractor, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City may provide an office for the use of the Contractor only while the Contractor is performing services on-site, but that the primary location for the conduct of Contractor's business will be as determined by the Contractor and will not be located on any premises owned by the City; and, WHEREAS, the City will provide all supplies necessary to provide the services contained herein, as determined by the City; and, WHEREAS, the Contractor is engaged to perform the specific tasks contained in Exhibit "A" hereto, but shall not undertake the general functions or management associated with the work in the City of Delray Beach Police Department. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Contractor shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Contractor's duties are as follows: a.) Contractor shall provide services as to the City as set forth in Exhibit "A". b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence upon the date of execution of the agreement and shall expire upon the completion of the services provided for herein. This agreement may be renewed on an annual basis upon the consent of both parties. This agreement may be terminated by either party by giving thirty (30) days written notice to the other. 2 5. Compensation. During the term of this agreement, the Contractor shall be paid $30.00 per hour, payable upon Contractor's submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Contractor for fees billed up to the date of termination. The City will pay Contractor for car mileage per the City policy. The City will also pay all travel expenses and a per diem meal allowance, in accordance with City policy, for all overnight travel, provided an estimate of the cost has been provided to the City in advance of incurring such cost and such cost has been approved. Further, regarding overnight travel, the parties shall agree upon the hours to be charged by Contractor prior to the travel, and Contractor shall first get the consent of the City prior to incurring any expense in excess of the agreed upon amount. 6. Relationship of the Parties. The parties intend that the Contractor, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Contractor shall have sole control of the work and the manner which it is performed. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Contractor is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Contractor shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 3 8. Taxes. Contractor shall be responsible for all federal, state or local taxes of any kind which Contractor now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assignment. This agreement is a personal service contract. An assignment of this agreement by Contractor without the written consent of the City is void. 10. Indemnification. Contractor shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Contractor or his officers, agents or employees, and Contractor shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Contractor shall at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: Howard Scott Lunsford Address privileged 4 ~ri~r C3T aekr"~l~ '~"~'c]Ckl avid ~-I~~rrir:~ ~, t~i~ ~~,:~~~r~c~r~ ~'~. yc~v~r~r~ir~c~ k_~3L'y; ~Jcr1~Je: .~..i ~r!w;n~~~rr'rt i~~l~ b ~,v~~rr~< <f d:?°;~ ti~rc I°i:,;~ ~Jf ~Fo~-; ~.~t~:1kt r~iT iMi~~i~i ~rr~i' ~rr~ra all i flan ~'~ r~r.ar~~t~, i~lt~r'ie~. ~.. r!Jon-17scr-mir~t~u. rr~uiv"tr' ~.t~ J9f r~;~ c~i~°irir~~t c~r~ ~~~ i~fl~i rNri~r~, r~Jr~~., six, mrRt;~rl t~ r i~rr~~iq flr~r ~h i:~rfrrrrrr~JJ~ a~ ki~r~' rr~~rr~ai~. ~ ~„ i~~C)R°i ~'r:C~IJSI!~'. ~k~ ~.)f 0. I`>li~f l ~ ~r """vflr~ a ~.ep"~?':`l[i~.~~~ ~r~~~ ~~r.~'p"gN'"4 9 r~C.~1~Y- la~~iv ~~~. iir rr~r~:ay~ r~~t~a~~~ ~iti~Jr~al ntit% r rcar~ trra F,E,r1~rr~ the S~in~E, r uflir~v~r°i~, ~~ bra i~ N ~-ii~~ i~~isd~r~ i~~~ ~~t ~i tilr~: d c~ . ~ I~r"rfiurr~ agreer-r~~r1~~ fVic~riii"i~1~irr~ ~"hi fll'r~-r~i< ~~ar~ti~~at tl~ ~rt~ rµrr~r~ tw~r•r °lhE~ {:}~~ri r~ i~r~~~~ ~ iN r~+~~ ir.~ie~n r ~r'vwr_~r_~ war°iitnr~t`~ ~n i~ k~;`ti,. c~ ~vivr`, ;~~~.~::~,,kd~~r~, r` rc~~iii"i~ara ~f ~ ~i" th~- r~-~~; ~ .~{ ~r~.; '~ ~k~i~; ~3{~arr7r~rr~r~ ill k~~ it°~fir~~~, ram~i i +~itir~r~ r~ ~~r~r~ t i ter ~~r~~. i~ N~~~~~ ~"~ ~_ ~p,~ .. ~: ~~ -._ ~ ~_ . _~..._ .wwmw_ '~V w~% ~Nd~r1 ~. [7L1tfIt~N T` 13!Jlj ~~~'4~ ~~ ~'rcr~t ~J~rne~ _. m~~ ~~~' w ,~ ~~ ~~P crr 6~r~a~ ~e~ EXHIBIT "A" GENERAL DESCRIPTION: Conduct thorough investigations into the backgrounds of prospective candidates for police officer and non-sworn police employment. Research, compile and organize data, investigate discrepancies and/or questionable information to be presented to the Chief of Police. Work is performed under the general supervision of the Training Unit Sergeant. MAJOR RESPONSIBLITIES: Interview applicants to obtain information regarding their work history, education, skills, etc., as required. Conduct comprehensive pre-employment background investigation in accordance with the guidelines established by the Florida Department of Law Enforcement to include on- site interview as necessary. Compose, edit and compile investigative reports, memorandums and other documentation related to background investigations. Review the application. Conduct personal interviews. Complete neighborhood checks. Contact previous employment of applicant. Conduct a criminal records check. Conduct a driver's license check. Verify all documents provided (citizenship, military, etc). Verify personal references and educational background. Conduct a credit check. MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: March 7, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 DUI GRANT APPLICATION/ FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI ITEM BEFORE COMMISSION The Police Department seeks approval to submit a concept paper to the Florida Department of Transportation (FDOT) in the amount of $22,352.00 to continue implementation of a D.U.I. Enforcement program which began with our FDOT-DUI 2009 award. BACKGROUND The City Commission approved the original FDOT-DUI grant award on 10/20/09 for Year One of the project (10/01/09-09/30/10). The grant operates for three years, and requires sites to fund increasing proportions of the project each year. The FDOT-DUI 2011 concept paper requests the allowable portion of the DUI officer's salary, benefit, and overtime for court cases and related DUI activities. During the first quarter of the project's original launch (11/18/09-12-31/09), 11 DUI arrests were made; and, during the most recent quarter of this same project (10/O1/10-12/31/10), 23 DUI arrest were made. Resources provided by this grant will afford the Department greater flexibility in the area of DUI enforcement and public awareness efforts. The DBPD believes that this funding will continue to help provide the citizens of Delray Beach with safer roads. The 11-12 FY will be the last year funding is available for this project, and the deadline for this submission is 3/31/11. FUNDING SOURCE If awarded, the Department match would consist of funding a portion of the DUI officer's salary, overtime, and benefits from various Police Department accounts. RECOMMENDATION The DBPD recommends approval to submit the 2011-12 FDOT-DUI Concept Paper. Rule 14-98,OOS, F_?~C. STATE OF FLORIDA DEPARTMENT OF TRANSP~RTA~fION 540.465-01 SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS saFerr 06!10 For D. O. T Use Only Project Number: K8-10-06-13 DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: ('[} (2} (3} Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Delray Beach Police Department -DUI Enforcement Program 2. Type of Application: ^ Initial ®Continuatian 3. Requested Subgrant Period: 10/1/2011 to 913 012 0 1 2 4. Support Matching Total Sought: $22,352.00 Share: $58,521.00 Budget: $80,873.00 5. Applicant Agency (Subgrantee}: 6. Implementing Agency: City of Delray Beach City of Delray Beach Police Department 100 NW 1~ Avenue 300 W. Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 Attn: Mr. David Harden, City Manager Attn: Anthony Strianese, Chief of Police Telephone: (561) 243 - 7010 Telephone: (561) 243 - 7851 7. Federal ID Number: 8. State FLAIR Number(State Agencies) 9. Chief Financial Officer: 10. Project Director: City of Delray Beach City of Delray Beach Police Department 100 NW 1~' Avenue 300 W. Atlantic Avenue Delray Beach, FL 33444-2612 Delray Beach, FL 33444-2812 David Boyd Maria C. Marino-Ballan Telephone Number: (561) 243 - 7117 Telephone Number: {561) 243 - 7$48 Fax Number: 561 243 - 7166 Fax Number: (561) 243 - 7816 E-Mail Address: Boydd@mydelraybeach.com _ E-Mail Address: marino@mydelraybeach.com Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.601, State and Community Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System {DUNS} Number for the Florida Department of Transportation is 80-939-7102. Compliance requirements applicable to the federal resources awarded pursuant to this agreement are: Activities Allowed or Unallowed, Matching, Level of Effort, Earmarkin and Re ortin . Rule 14-9a,ao5, F.A.C. Part IL• PROJECT PLAN AND SUPPORTING DATA 500-065-01 SAFETY 06!10 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided} Start below and use additional a es as necessar . The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has approximately 65,000 year round residents. During the winter months, September through April, there is a sharp increase in residents and tourists. This increases our city's residency to approximately 95,000. The City of Delray Beach is just over 16 square miles in area, and lies between West Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. 1} STATEMENT OF THE PROBLEM A problem that exists in the City of Delray Beach, as well as other cities throughout the county, are people operating motor vehicles under the influence of alchohol or other drugs. Driving Under the Influence (DUI}, commonly called "drunk driving," refers to operating a motor vehicle while under the influence of alcohol and or drugs, including prescription drugs. Incidents of drunk driving lead to property damage, crashes involving serious bodily injury, and death. In June 2008 the Delray Beach Police Department re-established its traffic unit, with the deployment of three {3) Motor Officers. These officers are primarily deployed during day time, high traffic volume periods and have increased the number of UTC's issued. There has also been a decrease in traffic crashes in the area in which these officers deploy. These traffic officers also periodically adjust their schedules and conduct DUl enforcement and other traffic initiatives, such as "Arrive Alive an 95,"and "Click it or Ticket. Currently, these members participate in amulti-agency, county-wide task farce with Palm Beach County to combat drunk driving through ongoing DUE saturation patrols to include additional hours during the holidays when DUE awareness and enforcement are critical to the safety of the citizens of Delray Beach. The DUI Enforcement Officer is an integral part of this enforcement and will continue to participate in the task force's efforts to combat drunk driving by looking for violations that are characteristic of unpaired drivers, i.e. failure to maintain a single Lane, erratic lane changing, and red Eight running to name a few. ]n 2009, alcohol-impaired driving (in which a driver with an illegal BAC of .08 or greater was involved) was involved in 32 percent of traffic fatalities, translating to 10,839 alcohol-impaired driving fatalities nationwide (httpalwww- nrd.nhtsa.dot.govlPubs1811398.pdf). In ^elray Beach, there were 983 total crashes of which 87 (8.85%} were alcohal- related (httpalwww.flhsmv.govlh#mllsafety.html}. The City of Delray Beach is committed to the continued enforcement and apprehension of DUI offenders, and with the assistance of this funding since 10101109, has seen a significant decrease in alcohol-related deaths: There were three DUI fatalities in 2009; one in 2010; and none for 2011 (as of this writing). To continue to accomplish this, the Department will require additional salary and overtime reimbursements far all DUI-related duties for the DUI offcer to include extended enforcement responsibilities and court preparation and attendance for DUI-related cases. In spite of manpower constraints, the Delray Beach Police Department is committed to increasing DUI arrests and decreasing the number of alcohol-related fatalities. 2} PROPOSED SOLUTION The Delray Beach Police Department will continue to assign a full time DUl Enforcement Officer to the Traffic Section to target drunk driving. In order to do this, we request salary and overtime reimbursements for all DUI-related duties for that ofFcer to include additional enforcement responsibilities and court preparation and attendance for DUI-related cases. The Delray Beach Police Department is committed to making our roadways safer and if selected to continue the grant, we would also continue to provide specialized training to the DUI Enforcement Officer in DUl enforcement at the annual DUI Symposium. In addition, the officer will continue to receive specialized training in DUI enforcement and detection in local or state law enforcement schools. During peak driving times that impaired drivers are on the road, the DUI Enforcement Officer will continue to atrol s ecific areas and roadwa s where im aired drivers have been located in the ast and 2 Rule 14-98.005, F.A.C. 500-06501 SAFE71' 06110 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones {Use form provided) Start below and use additional a es as necessa roadways where fatal vehicle accidents and accidents involving serious bodily injuries involving alcohol have occurred. Currently, members of the Traffic Unit participate in amulti-agency, county-wide task force to combat drunk driving; the DUI Enforcement Officer will also participate. This task force allows officers from many law enforcement agencies in Palm Beach County to come together and work as a team to combat drunk driving by looking for violations that are characteristic of impaired drivers, i.e. failure to maintain a single lane, erratic lane changing, and red light running to name a few. The Traffic Unit has a working relationship with the Palm Beach County Chapter of Mothers Against Drunk Driving (MADD); and, currently attends regular meetings of the Traffic Safety Council, Traffic Incident Management Team and LEL meetings. Additionally, regular MADD meetings will continue to be attended #o discuss local, regional, and national issues of drunk driving. The DUI Enforcement Officer (who has successfully completed the NHTSA 24-hour Standardized Field Sobriety Test Course) and other department DUI instructors will continue to conduct in-service training for all department officers in regards to DUI enforcement, legal updates, and standardized field sobriety task {BEST) refresher course. In addition, all officers assigned to the Field Training Program will continue to ride with the DUI Enforcement Officer for two (Z) shifts to gain specialized training in DUI enforcement. Each year, the Delray Beach Police Department conducts a Citizen's Police Academy, Resident's Academy and a Leadership Delray Academy in which traffic issues will continue to be discussed as DUI enforcement will continue to be a significant part of the Traffic Unit's presentation. These academies are an excellent way for residents and community leaders to understand the inner workings of its Police Department, and provide an avenue to convey the importance of drunk or impaired driving enforcement to its citizens. 3) PROJECT OBJECTIVES 1. Continue to educate all officers in the department on DUI enforcement 2. Continue to increase public awareness on Drunk andlor Impaired Driving and its effects. 3. Continue to reduce the number of fatality creashes within the City limits. 4. Increase the number of enforcement contacts. 4) EVALUATION The Delray Beach Police Department will continue to evaluate the overall success of the program by the number of contacts made during the DUI enforcement actions. The number of drunk or impaired drivers apprehended and the success of the program will be determined when we have dramatically decreased the number of injury and fatality crashes. 3 Rule (498.005, F.AC. 500.065.01 SAFETY 0611 p Timetable for Milestones Milestones ~ d tl " 7 Quarter zn Quarter 3` Quarter 4 ` Quarter OCT NOV pEC JAN FEB MAR APR MAY JUN JLEL AUG SEP Educate all officers on DUI enforcement ^ ^ ® ^ ^ ® ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Conduct public awareness presentations ^ ® ^ ^ ® ^ ^ ® ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Reduce the number of DUI-related ^ ^ ® ^ ^ ® ^ ^ ® ^ ^ crashes ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Increase the number of enforcement ^ ^ ® ^ ^ ® ^ ^ ® ^ ^ contacts ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Rule 14-98.005, F.A.C. Part III: PROJECT DETAIL BUDGET 500-°65-01 SAFETY 06!10 Project Title: Delray Beach Police Department -DUI Enforcement Program Project Number: K8-1a-a6-13 Contract Number: Each budget category subtotal listed below cannot be exceeded. Ail individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services 5a% of the 5a% DUI Enforcement Officer $42,318 $1x,579 $0 $31,739 Annual Salary (Base: No Degree) (this request is far 50% of the original 2x09-1x request) Benefits (request is 50% of the original $30,x22 $7,5x6 $0 $22,516 2x09-10 request) Overtime for DUI-related activities (this was $8,533 $4,267 $a $4,266 not previously detailed in the original application so this request is 5a% of the 2010-11 request) $ o $a $o $a $ o $a $o $a $ o $o $o $a $ 0 $a $a $0 $ a $a $0 $a Subtota[ $80,873 $22,352 $ 0 $58,521 B. Contractual Services $ a $0 $0 $0 $ x $o $a $a $ x $0 $0 $0 $ x $a $a $0 $ 0 $a $a $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $x $ o $o $o $o $ x $a $a $o $ o $o $x $o $ a $a $x $o $ a $o $o $o $ a $a $o $o $ 0 $a $0 $0 ~ a $o $o $a $ o $o $o $a $ o $o $a $o $ x $o $a $o $ x $a $a ~x $ x $x $o $o $ x $a $a $x $ x $o $o $x $ o $o $o $a $ 0 $0 $a $a ~ a $o $o $o Rule 14-98.005, F.A.C. 500-065-01 SAFETY D6f1 D Subtotal ~ $ 0 ~ $ 0( $ 0 ~ $ 0 Budget Modification Number: Effective Date: Rule 14-98.905, F.A.C. Part III: PROJECT DETAIL BUDGET 500-065-01 SAFETY 06110 Project Title: Delray Beach Police Department - 0111 Enforcement Program Project Number: K$-90-as-13 Contract Number: Each budget category subtotal listed below cannot be exceeded. Ali individual line item costs are estimates, and the State Safety Office may approve monetary shifts between lute items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital Outiay $ o $a $o $o $ o $o $o $D $ o $o $D $o $ o $o $D $o $ o $a $o $a $ o $a $a $o ~ o $a $a $o $ o $a $a $o $ o $a $o $D $ o $a $o $D $ a $a $a $o $ o $o $a $o $ 0 $D $D $a $ o $a $a $o $ o $a $a $a $ o $a $a $D $ o $o $o $a ~ o $o $o $a $ o $o $o $a $ o $a $o $a $ o $o $o $a $ o $D $o $a $ o $o $D $a $ a $D $D $o $ a $o $a $o $ a $o $a $a $ a $a $a $a $ a $a $0 $a $ D $a $0 $D Subtotal $ 0 $ 0 $ 0 $ 0 E. Indirect Cost $ a $0 $D $o $ D $0 $D $0 $ D $D $a $a $ D $0 $a $D Subtotal $ 0 $ 0 $ n $ ^_ Total Cast of Projec# $80,$73 $22,352 $ 0 $58,521 Budget Modification Number: Effective Date: Rule 1498.005, F.A.C. BUDGET NARRATIVE 504-465-41 SAFETY 46!14 Project Title: Delray Beach Police Department -DUI Enforcement Program Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cast relationship to project objectives. Attach additional sheets as needed. A. PERSONNEL: DUI enforcement officer salary - 50% of the 50% DUI Enforcement Officer Annual Saiary (Base: No Degree) _ $10,579 Benefits for the officer (to include FICA, Pension, Retiree health, Life insurance, Disability insurance, Health insurance, Worker's Comp., Unemployment, and EAP) _ $7,506 Overtime for DUl-related activities = $4,267 *The Delray Beach Police Department certifies that the Officer reimbursed under this project has successfully completed the 24 hour SFST class, the ARIDE (advanced roadside impaired detection enforcement} 16 hour, is scheduled for laserlradar class in March 2011, and will be taking the DUI instructor course in August 2011. B. CONTRACTUAL SERVICES: None C. EXPENSES: None D. OPERATING CAPITAL OUTLAY None Budget Modification Number: Effective Date: K8-10-06-13 S Rule 14-98.005, F.A.C. Part IV: REPORTS 500-065-01 SAFETY 05!10 Quarterly Progress Report Narrative for the quarter. Project Title: Delra Beach Police De artment -DUI Enforcement Pro ram Project Number: K8-i0-06-13 Implementing Agency: Ci of Delra Beach Police De artment Project Director: Maria C. Marina-Bollan Describe the subgrant activities that #aok place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 3p days of the end of each quarter. 9 Rule 14-98.D05, F.A.C. QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SAFETY 06!10 Project Title: Delra Beach Police De artment -DUI Enforcement Pro ram Project Number: K8-10-p6-13 Implementing Agency: City of Delray Beach Police Department Project Director: Maria C. Marino-Bollan Pertormance M iiestones Accomplished IndICa1<OI'S Quarter Quarter Six-Month Quarter Quarter Ending Ending March Totals Ending June Ending F'rojecfTotals December 31 31 30 September 30 Number of checkpoints conducted by DBPD o a Number of DUI arrests made at checkpoints 0 0 Number of safety belt citations issued at checkpoints 0 0 Number of saturation patrols conducted by DBPD 0 0 Number of DUI arrests made during saturation patrols 0 0 Number of safety belt citations issued during saturation patrols 0 0 Number of speeding citations issued during saturation patrols 0 0 Number of DUI arrests made by grant-funded officer o a 0 0 ~o Rule 14-96.005, F..~C- 54~-065-01 sAFerr 06!10 Final Narrative Report Project Title: Delra Beach Police De artment - DUl Enforcement Pro ram Project Number: K8-10-06-13 implementing Agency: City of Delray Beach Police Department Project Director: Maria C. Marina-Bollan The following is a chronological narrative history of the above listed project in accordance with Part U: Accepfance and Agreement, Conditions of Agreement 1. Reports. This report is an accurate accounting of the project pertormance and accomplishments. Attach addifiional sheets as needed. 11 Aule 14-98.OD5, F.AC. 500-065-01 SAFETY 06710 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in ions of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The Subgrant year quarters are October 1 -December 31, January 1 -March 31, April 1 -June 30, and Juiy 1 -September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month fallowing the end of each quarter (January 31, April 30, July 31, and October 31 } if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; 2 C.F.R. 225 (OMB Circular A-87), Cost Principles for State, Local, and Indian Tribal Governments; andlor OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorpora#ed by reference, (hereinafter referred to as Applicable Federal Law}. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a}, Florida Statutes. [a) Section 287.133 (2}(a}, F.S. A person or affiliate who has been placed on the convicted vendor Est following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contrac# with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 far CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor lis#. (b) Section 287.134 [2)[a), F.S. An entity or affiliate who has been placed an the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goads or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant ar contractor agreement. 12 Mule I4A8.005, F.A.C. 500-065-01 SAFETY osn o All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the grant period); Total contract amount; Scope of worklServices to be provided; BudgetlCost Analysis; and Method of compensationlPayment Schedule. All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number}, DOT Contract # {insert contract number}. A fins! invoice must be received by (insert date) or payment will be forfeited. All invoices for contractual services shall contain the fallowing certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Offce prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to fhe outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $150. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. {c} Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests far budget changes postmarked after June 30 will be denied. Delega#ions of signature authority will not be accepted for modification requests. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Gavernmentwide Requiremen#s for Drug-Free Workplace (Grants), hereby. incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing 13 Rule 14-98.005, F.A.C. 500-065-01 SAFETY 06114 agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g} (currently $25,000}. 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons far delay, and the expected starting date. If, after 60 days from the acceptance of the award, project ac#ivity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but oniy by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to pertorm must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to pertorm or make progress, and if such failure arises out of causes beyond the control of the subgrantee, i#s implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in defaul#, unless (1 }the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3} the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. obligation of subgrant Funds. subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee`s employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Pertormance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, terming#iqn, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA}, and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. in addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visi#s by Department staff, limited scope audits as defined by OMB 14 RuIc 14-98.005, F.A.C. 504-065-Oi SAFEFY 06!10 Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate wi#h any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits andlor monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds {i.e. state, or local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Departmen# of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee 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 funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 {d}, OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: {a} Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 {c) Other Federal agencies and pass_through entities in accordance with Sections .320 (e}and (f}, OMB Circular A- 133, as revised. In the event that a copy ofi the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required #o be submitted to the Department for reasons pursuant to Section .320{e){2), OMB Circular A-133, as revised, the subgrantee shall submi# the required written notification pursuant to Section .320(e}{2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: 15 Rule 14-98.005, F.A.C. 500-065-Di SAFETY O61i0 Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 In addition, pursuant to Section .320{f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320{c}, OMB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, ar litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,400 or more and a useful life of one year ar more shall be accompanied by aNon-Expendable Property Accountability Record {FDOT Form No. 500- 065-09}. Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: 16 Rule IA-98.005, F.A.C. 500-D6S01 SAFETY 061'f 0 (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMl3 Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Worlc. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observa#ionai Surveys and Other Reports. {a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. {b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1 } This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation andlor Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits af, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shat[ be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms ar provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE]. (a) The subgrantee and its implementing agency agree to the following assurance: 17 tiule 1448,005, P.A.C. soo-oss-a~ SAFETY 06110 The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter far enforcement under 18 U.S.C. 1001 andlor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.}, herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in afl subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or con#ractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. EVo funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. Mow Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement far Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shat! contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $104,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.} and the Federal Water Pollution Control Act (33 U.S.C. 1251 et 18 Rule 1A-98.005, F.A.C. 500-E165-01 SAFETY 06!14 seq.}, herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position{s} through a subgrant shall provide written notifiication within 30 days of the agreement being awarded to the State Safety Office that a new position{s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the l1SDOT. Items that are repossessed shall be disbursed to agencies that agree #o use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipmen#. The subgrantee and its implemen#ing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a} Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, {c) Failure to provide required quarterly and final reports in the required time frame, {d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. E=ach subgrantee and implementing agency shat! have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. E.aw enforcement agencies receiving subgrant funds shall participate in the safety beat enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $1,000 per Item. The head of any implementing agency purchasing equipment casting mare than $1,000 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 19 Rulc 14-98.005, F.A.C. 50D-065-09 SAFETY 06!10 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Pertormance Indicators. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Buy America Act. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act (23 U.S.C. 313 et seq) herein incorporated by reference. The subgrantee shall include the Buy America provisions in all subcontract awards. 41. Special Conditions. 20 Rulc 14-98.005, F.A.C. PROJECT NUMBER: IC$-10-06-13 500-065-01 SAFF71' 06!10 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Naw, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE (For DOT Use Only) STATE OF FLORIDA City of Delray Beach DEPARTMENT OF TRANSPORTATION Name of App!lcant Typed By: By: Signature of Authorized Representative David T. Harden Title: Authorized Representative's Name Typed Title: City Manager _ Date: Date: 3/1/2011 Attest: Attest: FEDERAL 1=UNDS ALLOCATED Signafure of Witness ADMINISTRATOR O IL MENTING AGENCY Reviewed for the Department of Transportation: By: By: nature o dministrafor Attorney -DOT Anthony W. Strianese Date: Administrator's Name Typed Title: Chief of Police, City of Delray Beach NOTE: No whiteout or erasures accepted on this signature page. 21 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 FUNDING AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL ITEM BEFORE COMMISSION The Police Department requests approval of an agreement between the City and the Delray Youth Vocational Charter School. The agreement provides pass-through grant funding to allocate $15,000 to fund two Social Workers who will provide counseling to Delray Youth Vocational Charter School students. BACKGROUND The City of Delray Beach has supported the Delray Youth Vocational Charter School's efforts of providing two licensed Social Workers to provide group and individual counseling to those students enrolled at the school. The continuous funding support provided to the City from the Palm Beach County Criminal Justice Commission (CJC) has ensured uninterrupted counseling services for these students. Funding originally came from the Department of Justice's Weed and Seed Program and then came directly from the CJC. However, starting with the planning of FY 09-10, the CJC decided to fund these projects using federal stimulus dollars that were awarded to the Florida Department of Law Enforcement (FDLE) and then onto CJC. This shift, along with the addition of another layer of administration, created delays. The funding agreement between the City and the CJC for FY 09-10 was approved by the City Commission on November 2, 2010 and approved by the County on 2/11/11. That contract has been extended to 3/31/11 and is retroactive back to October 1, 2009. Services provided by the Charter School are reimbursable through this agreement. The attached agreement between the City and the Delray Youth Vocational Charter School has been approved as to form by the City Attorney's Office. FUNDING SOURCE Funding to be available from 101-2137-521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids) following mid-year budget amendment. RECOMMENDATION The Police Department recommends approval of the contract as written. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Delray Youth Vocational Charter School October 01, 2009 -March 31, 2011 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 6th day of December 2010 between the City of Delray Beach, hereinafter referred to as "City" and Delray Youth Vocational Charter School, hereinafter referred to as "AGENCY", having its principal office located at 601 North Congress Ave., Suite 110, Delray Beach, FL. 33445, provides $15,000 in funds provided by the Palm Beach County Criminal Justice Commission, allocated September 30, 2010 t4 support contracted Delray Beach Weed & Seed projects {now referred to as the Coalition for Community Renewal), upon the following temis and conditions: The awarded funds are allocated as follows: $15,000 is allocated to support the positions of two Social Worker's for the Charter School's program. Counseling sessions will be provided to the students enrolled at the DELRAY YOUTH VOCATIONAL CHARTER SCHOOL (outlined in Exhibit "A") from October 1, 2009 through March 31, 2014 conditional upon submission of aletter ofnon-supplanting of funds. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "W&S" means Delray Beach Weed and Seed (now referred to as the Coalition for Community Renewal or CCR) c. "The Agency" means Delray Youth Vocational Charter School (DYVCS) d. "NAB" means the Delray Beach CCRI Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A"outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services to the students attending the Delray Youth Vocational Charter School. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program au#lined in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for which payment requested of the periods covering October 1, 2009 -March 34, 2011. All releases of funds shall further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the approval of the Delray Beach CCRI Weed & Seed Program Manager. Disbursements wilk be available approximately one month following the execution of this agreement and approximately quarterly thereafter. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the City Manager approved dollar amount of $15,004 for the period of October 01, 2009 through March 31, 2411. All required documentation must be provided to the CCRIWeed & Seed Program Manager within 30 days of the completion of the project, 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of the contract between the Delray Beach Weed & Seed Project (CCR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date. Payment of associated and approved expenses incurred as of October 1, 2049 will be processed. AI! service required hereunder sha[I be completed by AGENCY by March 31, 2411. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, County, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, County, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed (CCR) Pragram Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Delray Youth Vocational Charter School program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each invoice. Additionally, a final report summarizing results for the full project period jacademic year of October 2049 ~- March 2411) is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit fndings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or the Palm Beach County Criminal Justice Commission. The Agency agrees th retain 5uppo~~ing do~zE~en~tation relating to the activities funded hereunder and related service provisions (activities} for a period of three (3) years, dating from March 31, 2411. 2 6. Program-Generated Income: All income earned by Agency from activities financed by Palm Beach County Criminal Justice Commission funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in the federal OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civic RightslResidentopportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carved out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerablelprotected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low 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 target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the exten# feasible, the Weed & Seedl CCR funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evacuation and Monitoring: The Agency agrees that the City will cony out periodic monitoring and evaluation activities {through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluative conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to famish upon request to the City andlor Palm Beach County Criminal Justice Commission copies ofi transcriptions of such records and information as is detem~ined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, andlor Palm Beach County Criminal Justice Commission on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency on site {at least ar~nuallyj. Such visE~S ~i~ay be scheduled iE~ advance or unscheduled as determined by the City and Palm Beach County Criminal Justice Commission. 10. Audits and inspections: At any time during normal business hours and as often as the City or the Palm Beach County Criminal Justice Commission may deem necessary, there shall be made available by Agency to 3 the City or the Palm Beach County Criminal Justice Commission for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements andlor to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is tv increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activi#ies of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, far projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be gavemed by OMB Circular A-110 pursuant to conflict of interest, The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, director indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the perfom~ance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, ar if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon thirty (30) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency far satisfactory services rendered pursuant to this agreement through and ii~cludirrg u e date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or terminated; this agreement shall be suspended ar terminated effective on the date 4 the Palm Beach County Criminal Justice Commission specifies and all payments are contingent upon the release of funds from the Palm Beach County Criminal Justice Commission. 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agneement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to .the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereo#, the contractor (sub- recipient Agency} certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor lis# maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 2$7.133(3} (a} requires this notice. 1fi. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to fealeral grant funding including, but not limited to: the Financial Guide, OMB Circular 114, and 24CFR Part 570. 1T. Counterparts of the Agreement This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hald Hanntess and Indemnification Clause: Delray Youth Vocational Charter School and its affiliates, suppliers, subcontractors and consultants hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of andlor use of said funds. 5 AgencylSub-recipient: Delra Youth Vocational Charter School Signed By: (,oL, ~~ print Name: ~~ 1©'~~ e ~cx-~~o Date: ~ ~ ~ ~ 1 WITNESSES: Date: CITY OF DELRAY BEACH,I=LORIDA Signed By: Date: ATTEST: CITY CLERK Date: 6 Exhrbif "A" Scope of Service Introduction DYVCS serves students, including exceptional education students on consultation, between the ages of 16 and 21 who are economically disadvantaged or At-risk of dropping out of school or of academic failure. The students are referred by other students, parents, local schools, law enforcement, public defenders, probation officers, judges, and/or city and community leaders. The students and/or their parents or legal guardians must be residents of Palm Beach County, Florida. DYVCS provides an individualized academic plan for each student that enables rapid skill remediation as wel! as comprehensive preparation for a high school diploma or a GED Exit Option Diploma. In addition, DYVCS provides automotive vocational training and employability skill training enabling students to enter the workforce as more highly marketable and with a desirable income potential. Combining community resources wi#h a life skills curriculum, DYVCS assists students in developing personal attitudes, goals, and objectives that enable each student to achieve his or her newly defined individualized goals. Delray Youth Vocational Charter School's underlying purpose is to provide academic remediation and achievement, life skills instruction, vocational training, and family support and assistance to students of Palm Beach County who are economically disadvantaged and who have not been successful in the mainstream educational setting. Our school serves students aged 16 to 21 aptly described by the state's definition of those eligible for dropout prevention and academic intervention (Section 1403.53 of the Florida S#atutes). These s#udents have unsuccessful academic his#ories, excessive absences or habitual truancy, or historically disruptive behavior. Outcome Measures: • Social worker will service bet-n-een ten and twenty students. • Students will receive one hour of individual counseling per week. • Social worker will work with families on an as-needed basis. • Group counseling and activities among students receiving services will be implemented to assist students' communication and coping skills among their peers. Pros~ram Reports The agency agrees to provide the Gity with programmatic progress reports that outline Delray Youth Vocational program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the CCRIWeed & Seed Program Manager simultaneously with each financial reimbursement request. Addi#ionally, a final report summarizing results for the academic year { ;ciobe€1, 2445 -- ~"arw ~ 31, ~v11 j is due by A; r:l 3n, 7n11. Re~mhursement payments III n©t be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. 7 Program Budget CCRNVeed & Seed agrees to pra~ide $15,000 to subsidize the salary of a MSW 1 LCSW to suppart its student counseling program. Funds will be provided on a reimbursement #~asis and will be dispersed subsequent to the receipt by the Delray Beach CCRMIeed and Seed Program Manager of the programmatic report described above along with a financial reimbursement request. Relevant support documentation will be required. 9elray YouW Vocational Chaser Sehool September 1, 2010 Coalition for Community Renewal Attn: Cerina Anderson 300 West Atlantic Avenue Delray Beach, FL. 33444 Dear Cerina, Delray Yauth Vocational respectfully submits its proposal to Weed and Seed for $15,000 to support the salary of a social worker position. Many of DYVCS's students experience personal or family issues that go beyond the need for academic remediation, dropout recovery, or the desire for automotive training. Our students have druglalcohol addiction issues, parent or family histaries of abuse or dysfiu~ction, low self esteem, histories of suicide attempts or other self destructive behaviors, poor communication skills, and many other issues. The ability to provide a trained counselor, familiar with clients battling cyclical poverty and cyclical illiteracy in addition to a wide range of other issues, would benefit our students in a myriad of ways. We look forward to exploring the possibilities with you. Thank you far considering our request and feel free to contact me if you have any questions about our program or this proposal. Sincerely, Marjorie Walda Principal 9 Categorical Subtotal Total Licensed Social Worker to provide 480 units of individual and group counseling sessions far social and emotional problems on an as needed $15,000.00 basis 31.25 x 480 units $'15,Od0,QQ 10 MEMORANDUM TO: Mayor and City Commissioners FROM: Chief Anthony Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 FUNDING AGREEMENT/CHILDREN LEARNING AFTER SCHOOL SESSIONS (C.L.A.S.S.I ITEM BEFORE COMMISSION The Police Department requests approval of an agreement between the City and Children Learning After School Sessions (C.L.A.S.S.). The agreement provides pass-through grant funding to allocate $15,000 to provide academic enrichment to local students. BACKGROUND The City of Delray Beach has supported the efforts of C.L.A.S.S. for a number of years. C.L.A.S.S. provides year round academic enrichment and summer programs to youth requiring Individual Educational Plans. Services are provided from 3pm to 6pm Monday through Friday for approximately 50 community youth. Summer hours vary. Funding originally came from the Department of Justice's Weed and Seed Program and then came directly from the CJC. However, starting with the planning of FY 09-10, the CJC decided to fund these projects using federal stimulus dollars that were awarded to the Florida Department of Law Enforcement (FDLE) and then onto CJC. This shift, along with the addition of another layer of administration, created delays. The funding agreement between the City and the CJC for FY 09-10 was approved by the City Commission on November 2, 2010 and approved by the County on 2/11/11. That contract has been extended to 3/31/11 and is retroactive back to October 1, 2009. Services provided by the C.L.A.S.S. are reimbursable through this agreement. FUNDING SOURCE Funding to be available from 101-2137-521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids) after mid-year budget amendment. RECOMMENDATION The Police Department recommends approval of the contract as written. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN TFIE CITY OF DELRAY BEACH AND CHILDREN LEARNING AFTER SCHOOL SESSIONS, INC. (C.L.A,S.S.) FY 2009 - 2011 October 01, 2009 -March 31, 2011) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 6~ day of December, 2010 between the City of Delray Beach, hereinafter referred to as "City" and CLASS, hereinafter referred to as "AGENCY", having its principal offce located at 241 N.W. 91h Avenue, Delray Beach, Florida, provides up to $15,000 in funds from the Palm Beach County Criminal Justice Commission, allocated September 30, 2009 to support contracted Delray Beach Weed & Seed projects (now referred to as the Coalition for Community Renewal), upon the following terms and conditions: The awarded funds are allocated as follows: $15,000 will be provided to pay tutors, purchase equipment, snacks, meals, educational materials and supplement rent costs. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "W&S" means Weetl and Seetl (now referred to as the Coalition for Community Renewal) c. "The Agency" means "The Agency" means Children Learning After School Sessions, Inc. (CLASS} d. "CJC" means the Criminal Justice Commission of Palm Beach County e. "NAB" means the Delray Beach Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services primarily to residents within the federally designated Weed and Seetl target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Bivtl to the South, The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit reimbursement requests for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. The funding shall not exceed the City Manager approved dollar amount of $15,000. All release of funds shall further be in accordance with. all sections of this agreement and subject to the approval of the Delray Beach CCRI Weetl & Seed Program Manager. The City agrees to disburse payments upon the receipt of the reimbursement request farm and required support documentation (as determined by the City}. The period covered under this agreement is October 1, 2009 -March 31, 2011. All release of funds shall further be in accordance with all sections of-this agreement, contingent upon the continuation of the Criminal .lustice Commission Contract, and subject to the approval of the Delray Beach CCRI Weed & Seed Program Manager. In addition, the Agency is responsible for providing a written report to the City summarizing the outcomes of the completed project. All required documentation must be provided to the CCRI Weed & Seed Program Manager within 3Q days of the completion of the project. 3. Records and Reports: The Agency agrees to provide the City a written report that outlines CLASS'S program activities, progress made, number of participants, problems encountered, and proposed solutions. This report must be submitted to the CCRI Weed & Seed Program Manager within 30 days of the completion of the project. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities far a period of three (3) years, dating from March 31, ~a~~. 4. Program-Generated Income: All income earned by the Agency from activities financed by these grant funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. Ifi program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. 5. Other Program Requirements (Civil RightslResident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, 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. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerablelprotected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shat! 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 target area shall be awarded contracts in connection with the project. 6. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Coalition far Community Renewal funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 7, evaluation and Monitoring: The Agency agrees that the City will carry out monitoring antl evaluation activities (through in- house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planried versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit a report as outlined in #3 above and at other times upon the request of the City, information and status reports required by the City on forms approved by the City to enable evaluation of said progress and to allow far completion of reports as required. Agency shall allow the City to monitor Agency on site. Such visits may be scheduled in advance or unscheduled as determined by the City. 8. Audits and Inspections: The City reserves the right to require submission of audited financial statements andlor to conduct a "limited scope audit" of AGENCY, 9. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 10, Conflict of Interest provision: The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lawer- income residents of the project target area. 1~. Suspension and Termination: If through any cause the Agency shall fail to fulfill in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency far satisfactory services rendered pursuant to this agreement through and including the date of termination. 12. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 13. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof as required by F. S, 287,133(3) (a). 94. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 15. Hoid Harmiess and Indemnification Clause: CLASS hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving andlor use of said funds. AgencylSub-recipient: Children Learnin After School Sessions Signed By: Print Name: ~Y'GiY1GeS ~~~iY - _ _ _ __ _ _ _- -Date: r ~~ _ oZ`D~D _ _ _ __ WITNESS; Date; CITY ~I/ DELRAY BEACH, FLORIDA Signed By: Date: ATTEST: CITY CLERK Date ~a~~ Exhibit "A" Scope of Service Introduction Children Learning After School Sessions, Inc, {CLASS) serves 140 children Monday through Friday including summer sessions. CLASS provides academics and enrichment activities, engages teens as mentors for younger students, and provides a safe environment for the children during the summer. Some of the program objectives include the following: • Provide remediation in the following areas: Reading, Math, Language Arts, Spanish, FCAT assistance, and computer classes • Enrichment activities, encourage mentoring between the elementary & high school students • Promote positive activities for idle teenagers for the summer Outcome measures: • Number of children enrolled (average daily attendance) • Number of CITs • Flours and type of tutoring offered • Average improvement in reading demonstrated through Pre & post tests using the "Star" test Program Reports The Agency agrees to provide the City with programmatic progress reports that outline CLASS's program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request {due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (October 01 2009 - March 31, 2011) is due by April 10, 2011. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Program Budget CCR agrees to provide $15,000 will be provided to pay tutors, purchase equipment, snacks, meals, educational materials and supplement rent costs. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Seach CCR I Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request, These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required. MEMORANDUM TO: Mayor and City Commissioners FROM: Chief Anthony Strianese, Chief of Police Cerina Anderson, Program Manager THROUGH: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 FUNDING AGREEMENT/GULFSTEAM GOODWILL INDUSTRIES ITEM BEFORE COMMISSION The item before Commission is a request to grant funding in the amount of $44,160 to Gulfstream Goodwill Industries for extension of re-entry services for ex-offenders returning to the City of Delray Beach. Funding is provided via apass-through grant agreement with the Palm Beach County Criminal Justice Commission. BACKGROUND Gulfstream Goodwill Industries was contracted to provide services to ex-offenders returning to our targeted Weed and Seed neighborhood to facilitate successful re-entry and reduce recidivism. Since at least 90% of ex-offenders returning to Delray from state prisons intend to reside in our target community, a project of this type is an important step towards enhanced public safety. Funding originally came from the Department of Justice's Weed and Seed Program and then came directly from the CJC. However, starting with the planning of FY 09-10, the CJC decided to fund these projects using federal stimulus dollars that were awarded to the Florida Department of Law Enforcement (FDLE) and then to CJC. This shift, along with the addition of another layer of administration, created delays. The funding agreement between the City and the CJC for FY 09-10 was approved by the City Commission on November 2, 2010 and approved by the County on 2/11/11. Services provided by Goodwill are reimbursable through this agreement. FUNDING SOURCE Funding to be available from 101-2137-521-83.01 Aids) after mid-year budget amendment. (ARRA Economic Stimulus FD: Other Grants & RECOMMENDATION The Police Department recommends approval. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Gulfstream Goodwill Indus#ries FY 2009 - 2010 October 1, 2009 -September 30, 2010 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 15th day of December 2010 between the City of Delray Beach, hereinafter referred to as "City" and Gulfstream Goodwill Industries, hereinafter referred to as "AGENCY", having its principal office located at 1715 Tiffany Drive fast, West Palm Beach, FL. 33407, provides $44,160 in funds provided by the Palm Beach County Criminal Justice Commission, allocated 09/30/2010 to support contracted Delray Beach Weed & Seed projects (now referred to as the Coalition far Community Renewal), upon the following terms and conditions: The awarded funds are allocated as follows: $44,160.00 to provide funding assistance to support a collaborative ex-offender re=entry effort between two of the Palm Beach County Weed & Seed sites, as outlined in Exhibit "A." 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "W&S" means Delray Beach Weed and Seed know referred to as the Coalition for Community Renewal or CCR) c. "The Agency" means Gulfstream Goodwill Industries d. "NAB" means the Delray Beach Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services primarily to residents within the federally designated Weed and Seed target area, which has its boundaries, I-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments contingent continuation of the PBC Criminal Justice Commission contract, disbursement of funds by the PBC Criminal Justice Commission and subject to approval by the CCR Program Manager -upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for which payment is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the City Manager approved dollar amount of $44,160 for the period of October 1, 2009 through September 30, 2010. All release of funds shall further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, disbursement of funds by the PBC Criminal Justice Commission to the City and subject to the approval of the Delray Beach Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of .the contract between the Delray Beach Weetl & Seed Project (CCR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date, Payment of associated and approved expenses incurred as of October 1, 2009 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2010. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, County, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to federal, State, County, and City Paws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed (CCR) Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Gulfstream Goodwill program activities, progress made, number of participants enrolled, problems encountered and proposed solutions, These reports must be submitted to the Weed & Seed Program Manager simultaneously with each invoice. Additionally, a final report summarizing results for the full project period (October 1, 2009- September 30, 2010) is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend ar terminate payments until Agency complies with any additional conditions that may be imposed by the City or the Palm Beach County Criminal Justice Commission, The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities} far a period of three (3) years, dating from September 30, 2010. 6. Program•Generated Income: All income earned by Agency from activities financed by Palm Beach County Criminal Justice Commission funds must be reported to the City, In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. if 2 program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in the federal OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil RightslResident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, 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. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerablelprotected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shat! 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 target area shall be awarded contracts in connection with the project. 8. iPublic Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seedl CCR funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations} as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City andlor Palm Beach County Criminal Justice Commission copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, andlor Palm Beach County Criminal Justice Commission on farms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency on site (at least annually}. Such visits .may be scheduled in advance or unscheduled as determined by the City and Palm Beach County Criminal Justice Commission. 10. Audits and Inspections: At any time during normal business hours and as often as the City or the Palm Beach County Criminal Justice Commission may deem necessary, there shall be made available by Agency to the City or the Palm Beach County Criminal Justice Commission far examination al[ its records with respect to all .matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGI=NCY to submit a single audit, including any management letter, made in 3 accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements andlor to cantluct a "limited scope audit" of AGENCY as defined by A-133, 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants .that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflick of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CI=R 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon thirty (30) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination, The agreement may be terminated for convenience in accordance with 28CF~R 66,44. In the event the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or terminated; this agreement shall be suspended or terminated effective on the date the Palm Beach County Criminal Justice Commission specifies and all payments are contingent upon the release of funds from the Palm Beach County Criminal Justice Commission. 4 14. ]ndependent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will .perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hold Harmless and Indemnification Clause: Gulfstream Goodwill Industries and its affiliates, suppliers, subcontractors and consultants hereby agrees to promise to indemnity and bald harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving andlor use of said funds. 5 AgencylSub-recipient: G~Ifstream Goodwill Industries Signed By: /'~%w~,.._. ~,~ Print Name: /~i9~Qc1t ~ ~ ~ ~ ~•+~~. ~ Date: ~ ~o° ~/ WITNESSES: Date CITY OF DELRAY BEACH, FLORIDA Signed By: Date: ATTEST: CITY CLERK Date TO FORM: ATTORNEY L ~p U 6 Exhibi# "A" Scope of Service Introduction The goal of this project is to support a collaborative effort between two of the coastal Palm Beach County Weed & Seed sites in enhancing the re-entry initiative with other Weed & Seed partners to accommodate the increasing number of offenders re-entering Weed & Seed areas. Approved expenses may include: salary, benefts, training, substance abuse treatment, transitional housing assistance and other ancillary services that pose barriers to successful reentry. Funds will also be allocated for staff salaries, benefits, communications, mileage and miscellaneous supplies required for the position. It is the intention of this agreement that Gulfstream Goodwill Industries employ a Re-entry Program Manager and a Re-entry Case Manager designated to build linkages between partners in the re-entry effort, establish contact with ex-offenders returning to the Weed & Seed area from State prisons, and facilitate khe delivery of services and case management to returning ex-offenders in order to support their successful re-entry into society: An increased population of ex -offenders returning to the Delray Beach area demands program expansion in order to adequately accommodate those returning to our community, It is further the intention of this agreement that ancillary support services will only be provided as a service of last resort when the participating ex-offender is not eligible far services already provided at no cast through partners such as Workforce Alliance, the Serious and Violent Offender Re-Entry Initiative (SVORI), or Project R.E.A,P. Success. Only in instances where the Program Manager andlor Case Manager have exhausted other available resources should. funding for ancillary supports be utilized. In addition, the funds for ancillary support services from this contract may only be used to support ex-offenders returning to the Delray Beach Weed & Seed 4CCR) area within the immediate vicinity of Delray Beach. Parameters Preliminary parameters and program objectives have been set forth below: • The emphasis for recruitment will be on ex-offenders retuning to participating Weed & Seed (CCR) areas from the state Department of Corrections, however releases from federal prisons who are not eligible for other services will not be excluded. • Services will not be provided to sex offenders or habitual violators of parole. Any clients currently on parole who violate their conditions of parole will be immediately dismissed from the program. • The project will start with an approximate caseload of 20 which will be periodically reassessed, If necessary, a waiting list will be maintained. • Average length ofi time from opening to closing of a case is expected to be approximately 4-6 months. • 80% of participants will complete the majority of their service objectives within 6 months. • 80% of participants will not re-offend within 90 days of a successfully closed case. • 65% of participants referred far employment services (job placement} will become employed. Program Manager I Case Manager responsibilities are anticipated to include the following tasks, among others: • Outreach and recruitment of targeted ex-offenders, including attempts to contact ex-offenders identified by participating police departments. Recruitment efforts will be terminated after four unsuccessful attempts to establish contact with any particular individual. • Build community partnerships with service providers, businesses, residents, and other stake- -holders • Develop a treatment plan for participants and provide case management services • Facilitate ex-offenders' receipt of identified services) supports to support successful re-entry Note: Due fo the innovafive nafure of fhis projecf, program paramefers may be adjusfed through a consensus of the re-entry Team which consisfs of participafing Weed & Seed Coordinafors and Goodwill represenfafives. Program Reports Invoices shall be provided monthly with salary amounts billed in installments while ancillary support services shall be billed on a reimbursement basis. The invoice shall be accompanied by a written programmatic report from the case manager which provides details on program activities including the following: • A listing of ex-offenders from Delray receiving services during the reporting period, and the total number of participants served from target area • A summary of services provided • Itemized cost of services • Description of problems encountered and proposed solutions as well as any anecdotal evidence of program success • Participant exit status (successful I forced exit indicating reason) 9 Gulfstream Goodwill Industries 2009 - 2010 Budget Allocations Offender Re-entry Program Manager salary $19,441 1266 hours ~a .$15.35 per hour Program Manager Benefits $4,578 .$19,441 x .2356 (FICA, S5, Medicare, Helath, Denta! Retirement) Mileage $1,000 Up to 2,000 miles @ .50 per mile Peer Support Group Sessions $4,650 $75 per person Substance Abuse Counseling $3,780 $210 per person Cell Phone for Program Manager $228 $18.24 per month for 12 months Transitional Housting Rental Assistance $8,40D $700 per month x 4 people x 3 months Training $2,020 Requires FDLE approval prior to taking training Postage $73 S6.OS per month x 12 months Contract total ~ ~ ~ ~ ~ ~ $44,16D I MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 RESOLUTION NO. 10-11 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 20 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 10-ll. RESOLUTION NO. 10-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, ASSESSING COSTS FOR APATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY PEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED PY THE CITY TO ACCOMPLISH SUCH APATEMENT AND LEVYING THE COST OF SUCH APATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO PE ALIEN UPON THE SUPJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, descnbed in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Peach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances descnbing the nature of the nuisance(s) and sent notice that within seven (~ days from the date of said notice (forty-two (42) aay~ in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Peach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; anc~ WHEREAS, the properly owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescnbed in said notice and Chapter 100 of the Code of Ordinances, or if the properly owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); anc~ WHEREAS, the City of Delray Peach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as descnbed in the notice; and, WHEREAS, the City Manager of the City of Delray Peach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Peach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Peach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, PE IT RESOLVED PY THE CITY CONMSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Peach, involving the Cites cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied agair~5t the parcel(s) of land described in said report and in the amount(s) indicated thereon Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law: Section 2. That such assessments shall be legal, valid and binding obligations upon the properly against which said assessments are levied Section 3. That the City Qerk of the City of Delray Peach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Peach at the March 15, 2011 meeting has levied an assessment against said properly for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said properly, and interest will accrue at the rate of 8% per annum, plus reasonable attome~s fees and other costs of collecting said sums. A Notice of Lien shall be mailed along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said Res. No. 10-11 properly(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attome~s fee. Section 5. That in the event that payment has not been received by the City Qerk within thirty (30) days after the mailing date of the notice of assessrrtent, the City Qerk is hereby directed to record a certified copy of this resolution in the public records of Palm Peach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject properly which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attome~s fee. PASSED AND ADOPTED in regular session on this 152h day of March, 2011. MAYOR ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 152 Avenue Delray Beach, Florida 33444 Res. No. 10-11 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 2935 HAMPTON CIRCLE EAST ANDOVER SEC 2 LOT 92 PB 18245 PG 204 12 43 46 30 27 000 0920 CASE NBR 10 00001774 James and Christine Eulo 2935 Hampton Circle E Delray Beach, FL 33445 188.75 nv. No. 36193 $ 55.00 Admin Fee $ 243.75 511 NE 3RD AVENUE DEL IDA PARK N 14.6 FT OF LOT 8 & LOT 9, BLOCK 13 (DEL -IDA PARK HISTORIC DISTRICT) PCN 12 43 46 09 29 013 0081 CASE NBR 10 00004436 3rd Avenue Property LLC C/O: PETER SMITH 4261 Magnolia Street Palm Beach Gardens, FL 33418 175.00 nv. No. 35906 $ 55.00 Admin Fee $ 230.00 20 NW 13TH AVENUE ODMANNS SUB LOT 12 BLOCK 1 PCN 12 43 46 17 28 001 0120 CASE NBR 10 00005030 Marih Hayes Estate % Willie Goodman Jr. 687 Pennington Avenue Trenton, NJ 08618-3011 79.25 nv. No. 36183 $ 55.00 Admin Fee $ 134.25 2712 LAKE IDA ROAD DELRAY SHORES 1ST ADD LOT 13 BLOCK 12 PCN 12 43 46 07 02 012 0130 CASE NBR 10 00005551 mmanuela M. Presumey 2712 Lake Ida Road Delray Beach, FL 33445 87.90 nv. No. 36271 $ 55.00 Admin Fee $ 142.90 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS VEGETATION AND MATTER CONSTITUTES HAZARDS; , , DECLARED NUISANCE RES NO. 10-11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 336 SW 5TH AVENUE TOWN OF DELRAY N 50 FT OF S 206.4 FT OF E 135 FT OF BLOCK 24 PCN 12 43 46 16 01 024 0030 CASE NBR 10 00005665 Anthony Landrette Richard R. Bohlen 11145 Stone Creek Street Lake Worth, FL 33449 144.00 nv. No. 36198 $ 55.00 Admin Fee $ 199.00 945 BANYAN DRIVE TROPIC ISLE 2ND SECTION LOT 177 PCN 12 43 46 28 02 000 1770 CASE NBR 10 00005888 SPBD % Steven Goldberg Tr 7491 N. Federal Hwy #S C5 315 Boca Raton, FL 33487 129.50 nv. No. 36197 $ 55.00 Admin Fee $ 184.50 JEFFERSON ROAD COUNTRY CLUB ACRES 2ND ADD LOTS 68 & 69 PCN 12 42 46 13 03 000 0680 CASE NBR 10 00006400 Arturo Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065 189.50 nv. No. 36185 $ 55.00 Admin Fee $ 244.50 5288 NW 5TH COURT PINE TRAIL SEC 4 LOT 22 (LESS ELY 41.7 FT) BLOCK 8 PCN 12 42 46 12 12 008 0221 CASE NBR 10 00006549 HSBC Bank USA Nat Assn Tr 3476 Stateview Blvd Ft Mill, SC 29715 69.75 nv. No. 36195 $ 55.00 Admin Fee $ 124.75 355 N CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NBR 12 43 46 18 43 002 0000 Bently CKS, Inc. R/A Sam S. Caliendo 3350 Boca Raton Blvd. Boca Raton, FL 33431 249.75 nv. No. 36199 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS VEGETATION AND MATTER CONSTITUTES HAZARDS; ~ 304.75 , , DECLARED NUISANCE RES NO. 10-11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE NW 9TH AVENUE TOURIST NOOK DELRAY LOT 10 BLOCK B PCN 12 43 46 17 25 002 0100 CASE NBR 10 00006964 Courtyard Rio Properties, Inc. R/A Mizner Property Mngt 1908 NW 4th Avenue #112 Boca Raton, FL 33432 161.00 nv. No. 36200 $ 55.00 Admin Fee $ 216.00 501 LINDELL BLVD TROPIC PALMS PLAT NO 1 LOT 55 PCN 12 43 46 29 02 000 0550 CASE NBR 10 00006989 Alexander Lipsky 2200 S Ocean Blvd #504 Delray Beach, FL 33483 87.50 nv. No. 36190 $ 55.00 Admin Fee $ 142.50 113 SW 2ND STREET RESUB OF S 1/2 OF BLOCK 54 DELRAY LOTS 18 & 19 BLOCK 54 PCN 12 43 46 17 11 054 0180 CASE NBR 10 00008318 oward and Elizabeth E. Rothman 150 Marine Way Delray Beach, FL 33483 89.75 nv. No. 36428 $ 55.00 Admin Fee $ 144.75 413 SW 15TH AVENUE CARVER PARK LOT 10 BLOCK 3 PCN 12 43 46 17 41 003 0100 CASE NBR 10 00008184 Lizzie McDowell 1772 NE 6th Avenue Pompano Beach, FL 33060 109.75 nv. No. 36266 $ 55.00 Admin Fee $ 164.75 14960 W HATLEY ROAD COUNTRY CLUB ARCES 1ST ADD LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35 PCN 12 42 46 13 02 000 0341 CASE NBR 10 00007743 CASE NBR 10 00007738 rayhawk Development Corp 9202 Olmstead Drive Lake Worth, FL 33467 107.75 nv. No. 36421 $ 55.00 Admin Fee $ 93.50 Inv. No. 36421 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF ~ 311.25 DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 10-11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 502 HERON DRIVE TROPIC PALMS PLAT NO 1 LOT 112 PCN 12 43 46 29 02 000 1120 CASE NBR 10 00007473 Keith and Heidi Johnson 502 Heron Drive Delray Beach, FL 33444 99.70 nv. No. 36425 $ 55.00 Admin Fee $ 154.70 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20 20 004 0032 CASE NBR 10 00007466 Pinot IV LLC Department 5193 P.O. Box 2153 Birmingham, AL 35290 109.75 nv. No. 36535 $ 55.00 Admin Fee $ 164.75 116 SW 8TH AVENUE LINCOLN PARK DELRAY LOT 40 PCN 12 43 46 17 38 000 0400 CASE NO. 10 00004687 Maglorie R. and Marie R. Isaac 7190 Davit Circle Lake Worth, FL 33467 78.88 nv. No. 36531 $ 55.00 Admin Fee $ 133.88 563 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LOT 9 BLOCK 1 PCN 12 42 46 12 07 001 0091 CASE NO. 10 00006996 Bernadette Francois 830 SE 2nd Avenue Delray Beach, FL 33483 79.80 nv. No. 36532 $ 55.00 Admin Fee $ 134.80 316 SW 4TH AVENUE TOWN OF DELRAY LOTS 4 & 24 BLOCK 32 PCN 12 43 46 16 01 032 0040 CASE NO. 10 00007417 Felix and Eugene Bethel P.O. Box 361 Carteret, NJ 07008 109.75 nv. No. 36277 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF ~ 164.75 DEBRIS VEGETATION AND MATTER CONSTITUTES HAZARDS , , ; DECLARED NUISANCE RES NO. 10-11.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE 41 SW 7TH AVENUE TOWN OF DELAY S 55 FT OF N 540 FT OF W 135 FT OF BLOCK 13 James Gross 3646 Blue Dawn Drive North Las Vegas, NV 89032 71.50 nv. No. 36534 $ 55.00 Admin Fee $ 126.50 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS VEGETATION AND MATTER CONSTITUTES HAZARDS; , , DECLARED NUISANCE RES NO. 10-11.x1s MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 SECOND AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT ITEM BEFORE COMMISSION Approval of the Second Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by ninety days. BACKGROUND The owner had submitted a request for the abandonment and relocation of N.E. 7th Avenue in order to accommodate the proposed Atlantic Plaza project. The abandonment of N.E. 7th Avenue has been concluded, however, if the Developer fails to meet certain time frames the City may require the reconveyance of N.E. 7th Avenue. A quick summary of the time deadlines regarding N.E. 7th Avenue is as follows: - provide environmental audit within 180 days of abandonment resolution approval - must obtain SPRAB approval by 12/1/09 - must obtain site plan certification within 18 months of SPRAB approval - must complete construction of underground tunnel under relocated 7th Avenue within 3 years of Site Plan Certification (this is the "no turn back deadline") substantial completion of relocated 7th avenue within 2 years of the "no turn back deadline" The Developer has met the first two timeframes listed above. The Developer previously obtained a 6 month extension to obtain site plan certification, however, in an abundance of caution the Developer is requesting an additiona190 day extension to obtain site plan certification. The Developer has provided a list of items that were completed after it obtained the last extension. Planning and Zoning and Engineering have reviewed this request and do not have any objections to the requested extension. RECOMMENDATION Staff recommends approval of the SecondAmendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue. Items Completed .Since Oct©ber 5, 20].0 - AdditionaI revised. plans have been provided to the City addressing the outstanding conditions of approval for site plan certification, including. but not limited to, phasing plans, photometrics plans, lazandscape plans, etc.. - .Revised engineering plans have been provided to the City Engineering Department. All wall mounted, pendant mounted and post mounted light fixture selections have been provided to the City. - The plat has been approved by all City departments and is now scheduled for Final Plat Approval by the City Commission on March 1, 2011. Master- Articles of Incorporation anti Master Declaration of Covenants, Conditions, Easements and Restrictions have been prepared and are currently underreview. Revisions to the Developers Agreement, based on City comments, have been incorporated and are being reviewed by City staff. - DSMG has reviewed and approved the traffic calming element along 1VE 7th Avenue. - The FPL easements have been resolved. The Hold Harnlless Agreement for landscaping in the ROVE has been prepared and is currently under review. ~- The formal written agreement with regard to the tree donation program has been prepared and is currently under review. - All conflicts between the landscaping and utilities have been resolved. This instrument was prepared by and should be returned to: Brian. Shutt, Esq. City Attorney's. Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SECOND AMENDMENT TO DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7~~' AVENUE (Vacated 7t Avenue] This Second Arriendment to Declaration of Reserved Rights and. Agreement Not tv Encumber N.E. 7th Avenue {this "Second Amendment") is entered into this day of March, 2011, among the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and CDS AS7 BUILDING, LLC, a Florida limited liability company, and CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company (collectively the "Developer"). WHEREAS, the City and the Developer entered. into tkiat certain .Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue, dated February 17, 2009 and recorded April 8, 2009 in Official. Records Boak 231b6, Page 1375 of the Public Records of Palm Beach County, Florida, as amended by First Amendment to Declaration of Reserved. Rights and Agreeriient Not to Encumber N.E. 7th Avenue, dated October 27, 2010, and recorded November 12, 2010 in Official Records Boak 24189,. Page 200 of the Public Records of Palm Beach County, Florida {callectively, the "Agreement"). WHEREAS, the City and the Developer have agreed to extend the Site Plan Certification Deadline {as defined in the Agreement] and to modify the Agreement, pursuant to the terms set forth herein. NOW, THEREFORE, in consideration of the sum of TEN & NO,'100 DOLLARS, the mutual promises contained herein,. and other good and valuable consideration between the parties, the receipt ofwhich is hereby aclrnowledged, the parties hereby agree as follows: 1. Recitals; Capitalized Terms; Conflict. The recitals set forth above are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not defined in this Second Amendment shall Have the meaning ascribed to it in the Agreement: Iri the event of any conflict between the terms and. conditions set forth in the Agreement and those set forth in this Second Amendment, the terms and conditions of this Second Amendment shall control. 6fl41119692-01.6 Current/22340663v2 f33101f2011.5:44 pm 2. Site Plan Certification Deadline. Section 2.a.(ii} of the Agreeient is hereby deleted in its entirety and substituted with the following: (ii) obtain site plan certification for- the Project from the City within s~:~'~n""°^ °ra ''~'or+..., ~.~.+ `r7''o, ei t hundred and ei teen 818. clays following the SPRAB Approval Date (the "Site Plan Certification Deadline") (the "Site Plan Certification Condition"). (The date on which the Developer obtains the site plan certification of the site plan shall hereinafter be defined as the "Site Plan Certification Date"); provided. nothing herein shall be deemed an approval of extension for- site plan approval; 3. Ratification. Except as expressly set forth in this Second Amendment, the Agreement i5 ratified and confirmed as written. 4. Counte arts. This Second Arriendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Second Amendment. (EXECiJTION PAGES FOLLOV~ 6041!1 9692-0 1 6 Current122340663v2 03/01/201 i 5:44 pm 1N WITNESS WHEREOF, the parties to this Second Amendment set their hands and. seals the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By:_ Name: Its: Date: The foregoing instruiment was acknowledged before me this ,the of the CTTY He/She is personally known to me or has produced _ identification) as identification. _ day of , 2011, by DELRI~Y BEACH, FLORIDA. (type of Signature of Person Taking. Acknowledgment OF 604171 9692-0 7 6 Current1223406fi3V2 03103/2019 5:44 pm WITNESSES: Print Name: Print Name: William H. Milmoe, Manager STATE OF COUNTY OF The foregoing instrument was acl~nouvledged before me this. day of 2010, by William H. 11!Iilmoe, as the Manager of CDS ASJ BUILDING, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment DEVELOPER CDS ASJ BUILDING, LLC, a Florida limited liability company By: 6041f196S2-016 GurrenU22340663v2 03101/2011 5:44 pm DEVELOPER .GDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company By: CDS GROUP HOLDINGS, L.L.C_, a Florida limited liability company,. its .Manager Print Name: Print Name: By: William H. Milrnae, Manager STATE OF COUNTY OF The foregoing instrument was- acknowledged before me this day of 2010, by William H. Milmae, the Manager of GDS Group Holdings, L.L.C., a Florida lirxaited liability company, the Manager of CDS DELRAY REDEVELOPMENT, LLC,. a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification} as identification. Signature of Person Taking Acknowledgment 5 8043119892-018 Current122340683v2 03/01/2011 5:44 ~m MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 8, 2011 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 WORKFORCE HOUSING COVENANT AGREEMENT/ALTA CONGRESS OWNER, LLC ITEM BEFORE COMMISSION Commission is requested to approve the Workforce Housing Covenant between the City and the developer of the Alta Congress development. BACKGROUND Attached is the proposed Workforce Housing Covenant with the Alta Congress Development, which consists of 369 dwelling units with a 4 story garage. This development is located in the MROC zoning district which requires a minimum of 20% workforce units, pursuant to Article 7.4 of the City's LDR's. Pursuant to LDR 4.7.6(a), a covenant must be executed in order to assure that the project maintains the 20% workforce units. RECOMMENDATION Staff recommends approval of the Workforce Housing Covenant with Alta Congress Owner, LLC. Prepared by and Return to: Brian Shutt, Esq., City Attorney City of Delray Beach, Florida 200 NW 1St Avenue Delray Beach, FL 33444 'VV®It1KFOTgCE H®USII~G C®`VE~,TAI~"I" THIS WORKFORCE HOUSING COVENANT (the "Covenant") is entered into as of the day of ~ , 20 ~ j , by the CITY OP DELRAY BEACH, a Florida iVlunicipal Corporation, {referr d to herein as '`City''}, axzd ALTA CONGRESS OWNER, i,LC; a Delaware limited liability company (referred to herein as "Developer", which term shall include any successor to Developer as owner of the entire Development). RECITALS A. City has implemented affordable housing requirezments as set forth in Article 4.7 of the Delray Beach Land Development Regulations ("Regulations"} by establishing aFamily/Work Force )"lousing Program {hereinafter referred to as the "Affordable Housing Program") for the City of Delray Beach. Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate Units) beyond the base number allowed per existing City Toning Ordinance after performance standards have been met. B. Developer desires to be part of the Affordable Ilausing Program with respect to that certain real property which is awned by the Developer and is located in the MROC District in Delray Beach, Florida, and mare particularly described in Exhibit "A" which is attached hereto and incorporated by reference herein ("Real Property"). Developer has agreed to provide affordable rental housing Units within the residential development project {"Development") to be constructed on the Real Property. C. Pursuant to the City's Affordable HaL~sing Program, LDR Section 4.4.29(B}(q-){a}, residential development in the MROC zoning district must include a minizmuzm of 20% workforce units consisting of moderate income households at rental rates which do not exceed a certain percentage of the I-IUD determined fair market rout for the area. D. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to evidence of record the affordable housing covenant against the Real Property. 1 E. This Covenant shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable housing as provided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITI®N~ The following terms not otherwise defined herein shall have the meanings set forth below far purposes of this Covenant, and if a term is defined in the Regulations, the Regulations shall control: 1.1. Ac3iusted 1Vledian Income (A.IVI.I~ -The Palma Beach County median income, based on a family of four, as published by Florida lIousiaag Finance Agency. l .2. Affordabglity Controls _ Restrictions placed on dwelling Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to moderate income hoaasehalds. 1.3. City -The City of Delray Beach, Florida. 1.4. CRA -The Delray Beach Community Redeveloprraeaxt Agency l.S. Development -The 1lousing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Developer. . El~~ble, ®„c ,,. eupant - A household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons wl~o have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a Workforce Dousing Unit in the Developrraent and who are income eligible. 1.7. Exempt Transfer W-- A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. First Time Home Bu er - A person who has not held ownership in a residence within the past three years. 1.9. HUII means the United States Department of Housing and Urban Development. 1.10. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. 2 1.11. 1Vloderatc Inco~c Ilouseholcl _ A household with a gross, combined incoiue between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation). 1.12. Purchase Price or Sales Price shall mean all consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary casts related to the purchase of property but not paid directly to the seller. 1.13. Transfer means any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in Iieu of foreclosure, or otherwise} of any interest in a Unit, including but not Iimited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an Affordable Housing Unit Lease as permitted by this Covenant), or any interest evidenced by a Iand contract by which possession of such Unit is transferred while the existing Unit Owner retains title. 1.14. Unit means a single family, condominium, townhouse, or apartment residence heated in the Development. 1.1 S. Unit ®vvncr means the record title owner at any time of a Unit 1.16. 'Workforce I-Iousin ilnit or Workforce ilnit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance ("P.I.T.I.")} does not exceed 35% of the gross income of households that classify as moderate income households and meets the other requirements of the Affordable Housing Program. II. RENTAL ®F UNITS 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 2.3. At all times, at least twenty (20%) percent of ail Units in the Development must be Workforce Housing Units that are affordable to moderate income families. 2.3.1. Workforce Housing Units targeted to moderate income households at 81% to the 120% affordability level of the Palen Beach County median income, adjusted far farriily size, shall not have rental rates that exceed 140% of the HUD deteixnined fair market rent for the area. 3 2.3.2. No Workforce Housing Units shall be offered far rent to the general public until all. requirements of this Covenant are met. 2.3.3. No efficiency ar studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing unit types. The following conditions must be met: 2.4.1. The proportion of one {I) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1} bedroom market rate Units to total market rate Units. 2.4.2. The proportion of two {2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two {2) bedroom market rate Units to total market rate Units. 2.4.3. The proportion of three {3) bedroom Workforce Units to total Workforce Units must ~x~eet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroom Workforce Units are provided. 2.4.4. The proportion of four plus {4+) bedraoi~ Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom market rate Units to total market rate Units. 2.4.5. If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as the proportion of market rate Units of each type to total market rate Units. 2.4.6. If the development includes both for sale and for rent Units, the proportion of for rent Workforce Units to for sale Workforce Units must not exceed the proportion of for rent market rate Units to for sale market rate Units; provided however if the Workforce Hauling Units are funded Under florida (lousing finance Corporation's Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) of the "for sale" Units as Workforce Housing Units. 2.4.7. The total number of one bedroom Units shall not exceed 30% of the-total number of Units in the Project, including both Workforce Units and market rate Units. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit{s) offered for rental remain vacant for 45 4 days or more due to a lack of Eligible Occupants, the Workforce Units} may be rented to other non eligible occupants, provided that the rental rate is the same as it would have been if the occupant had been deezx~ed to be an Eligible Occupant under the City's workforce housing ordinance. Tn such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this ordinance for the duration of the rental term provided, however, in no event shall there be less than 15 percent of the Units occupied or available for occupancy at any time by Eligible Workforce Housing Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts occupancy of 1 S percent of the units by Eligible Workforce Housing Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an altez°native commercially reasonable percentage and this Covenant shall be amended accordingly. III. FUTURE SALE OF WORKFORCE HOCJ~ING Ul`iITS 3.1 e Should Units be offered I`or sale in the future in accordance with Florida Condominium Law, only deeds of those units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to these Covenants. All deeds to Unit Owners of Workforce Housing Units (except far a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land Trust, Tnc., a Florida not for profit corporation. ("DBCL'I~") shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer and/or the Workforce Housing Unit Owner shall notify the DBCLT and the City in writing within fzve {5) days after the Developer's or Workforce Housing Unit Owner's acceptance of a contract far sale and purchase (except far an Exempt Transfer} and shall include in the notice a true and correct copy of the contract. 'The DBCLT Trust shall have ten {10) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developed Workforce Housing Unit Owner within ten (10} days after the receipt by the DBCLT of the Developer's/Unit Owner's written notice. The DBCLT shall close the transaction within thirty (30) business days after its electron to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act as aSub-Recipient for the City, then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer} shall be moderate income households and must be First Tune Home Buyers. 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse cornpliance with this requirement. 5 3.4. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the dine of closingo No charges or fees shall be irr~posed by the seller on the purchaser of a Workforce Housing Unit which are in addition to ar more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City/CRA, or their designee. 3.4.1. The maximum Sales Price of a Workforce Housing Unit (except for an Exempt Transfer] shall be established by the City Community Improvement Department based on a formula that considers the prevailing Institutional Lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, at least twenty percent {20%) of all Units in the Development must be Workforce Housing Units that are affordable to moderate income families. 3.8. Not less than ten (1oj calendar days prior to the closing on any sale or resale {except for an Exempt Transfer), the City shall be notified of the sale or resale, and the City shall be provided with a true and correct copy of the proposed contract. Developer or Workforce Housing Unit Ov<~ner, respectively, shall deliver written notice of the intent to sell to tl~e City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms which. shall be executed under oath by the proposed transferor or transferee, as applicable. The City shall have ten { l ~) business days after the receipt of the written notice to dete~•rnine and ratify the Developer and/or Workforce Housing Unit Owner whether the proposed transfer is in compliance with the terns, conditions, and restrictions contained in this Covenant. If not, the proposed ti°ansfer shall not be made. If the City does not deliver written notice to Developer and/or Workforce Housing Unit Owner with said IO-day period that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive the notice requirements at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit {except for a deed for an Exe~~npt Transfer) shall contain a clause which subjects the proposed transfer to the prior review of the City. IV. ~.DDITI®NAI:.1~STitICTI®NS 4.1. All Workforce Housing Units constructed or rehabilitated in the Project shall be situated within the Real Property so as not to be in less desirable locations than 6 market-rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate Units. 4.2. Workforce Housing Units shall be integrated with the rest of the Development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Housing Units shall contain comparable square footage to the corresponding market-rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no Iot premiums charged on the Workforce IIousing Units 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maintain the availability of Workforce Housing Units which are constructed in the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in the deed: a. All. Workforce Housing. Units shall remain aff©rdable for a period of no less and no more than forty (40) years commencing from the date of initial occupancy of the iJnit. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to eligible Households and Eligible Occupants except as otherwise provided in Section 2.5. c. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City's consent. d. Workforce Housing Unit resales shall be limited to ~-Iouseholds of the same category relative to income. e. The Sales Price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: 7 i. Transfers by inheritance to the purchaser-owner's surviving spouse, qualified domestic partner, or lineal descendants, or; ii: Traa~sfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; iii. Acquisition of title or interest therein by a~ existing Owner's spouse if it is in conjunction with rzaarriage of the Owner and his spouse, or by an existing Owner's gL~alified domestic partner; or iv. Exempt Transfers. 4.C. No resales of Workforce Housing Units are permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a tenant{s) or purchaser(s) whose income exceeds the percent of AMl under which the Unit was origizaally approved, except as otherwise provided ire Section 2.5. 4.$. 1-Tousehold income is determined by the cuzr~ulative income of all tenants or purchasers under one (1}roof. 4.9. 'T'he maximum permitted resale price may not exceed the initial Sales Price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Workforce Household to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s) income respectively, later exceeds AMI, provided such Household initially qualified as Eligible Occupants for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an Exempt Transfer), and deed for the rental and sale of a Workforce Housing Unit, respectively, shall be approved in advance for compliance with this Covenant by the City Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer's compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10~') day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report ("Report") to the City containing such information and docurx~ents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At minimum, the Report 8 shall contain the following information and documents with respect to each Workforce Housing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit Eligible Occupant and member of the Household. b. Date lease term commenced. c. Date lease term terminates. d. Amou~~t ofmonthly rent due cinder the leasee c. Qualifying I-Iausehold income. £ Unit address. g. Number of bedrooms and baths in each Unit. h. Household size. i. Whether Unit is occupied or vacant. ,j. Total number oI° Workforce Housing Units presently leased. 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale. b. Total number of Workforce Housing Units transferred by the Developer. c. Date of each. sale closing. d. Household size. e. Name and address of all Eligible Occupants. f. Number of bedrooms and baths in Unit. g. A copy of the recorded instrument which transferred the Unit. h. Unit address. 9 Qualifying Household income. 4.12.3. The Report shall be executed under Oath by the Developer or its authorized agent or representative. 4.13. Provided. na Units are offered for sale by the Developer and the Developer owns alI of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, there is not .less than twenty percent (20%) rental Workforce Housing Units in the Development. 4.14. At any time and from time to time, the City may conduct written or oral surveys of Eligible Occupants and Unit Owners to verify the Developer's compliance with the terms and conditions of this Covenant, and City may enter the Develaprr~ent and access tl~e Workforce Housing Units for the purpose of conducting personal interviews and obtaining other information reasonably necessary to verify Developer's compliance with the City's Affordable .Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. 4.Ifi. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer. V. DURATI®i~ ANll A19~IlCl~D~VIENT 5.1. For both sale and rental of Warkforce Housing Units, this Covenant sha11 remain in effect for forty (40} years frarr~ the date of retarding of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shall apply to any replacement structure or struttL~res constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition. or destruction of a structure containing Workforce Housing Units actors thirty-five (3S} years after recording of this Covenant and demolition ar destruction was unintentional, this Covenant with respect to the Unit in the structure shall terzxzinate on demolition or destruction. 5.2. Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal representatives, executors, successors and assignees thereof. The Workforce Housing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, enct€mbered, leased, rented and occupied subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running with the Real Property. Any lessee, buyer, or transferee of a Warkforce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, ar by the signing a lease or of 10 a contract to purchase the same, shall, by acceptance of such lease or deed or by the signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether ar not there is any express reference to this Covenant in such lease, deed or enntract. 5.3. Amendment. This Covenant may be amended at any tune by a recorded document executed and acknowledged by the Unit Owners (including Developer, should Developer hold a Unit for sale) and the City. An amendment rzzay be effective as to some but not all of the Units, in which event it need only be approved by the Unit Owner{s} of the Unit(s) so affected. VI. EN1F®I2C~1VI>CNT 6.1. Right to Enforce. The City reserves, and Developer, all proposed Iessees, buyers and the Workforce Housing Unit Owners are deerr~ed to have granted the City the right to review and enforce compliance with all provisions of this Covenant, as further set forth in this Article VI. (a} In the event that the City has reasonable cause to believe that the Developer, lessee, occupant, Household or a Workforce Housing Unit Owner is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Unit owned by the Developer or such Workforce I-Iousing Unit Owner at any reasonable time and from tinge to tune, after providing the Developer, lessee or such Workforce Housing Unit Owner not less than twenty-four (24) hours advance written notice, except in the case of an emergency when less advance notice may be given. (b} Except in the ease of a default which constitutes an incurable default or involves the health, safety and welfare of Households in the Development, or in the case of an emergency (in which event no notice anal opportunity to cure are required}, in the event of any other default of this Covenant, the City .shall give the Developer, lessee, Workforce Housing Unit Owner or Household Uccupant who is in default, fifteen {15) days written natice of such default, which notice shall state the nature of the default. if the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no natice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1 {c) below. (c} The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. The City's remedies shall include, by way of example and not limitation, the right to specifte performance of this Covenant, the right to a mandatory inj~.u~etion requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease; the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City's election to pursue any remedy shall not preclude the City for then or later pursuing any one or more other remedies. 11 (d} In the event City resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, incil~ding expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible l'or the costs required to enforce the provisions of this Covenant. Venue for any action for breach of, or to enforce, this Covenant shall be properly in Palm Beach County, Florida. (e} In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee ar lessee. 6.2. Priorit of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any Institutional Lender, and shall survive and not be extinguished by the foreclosure or deed- inTIieu of foreclos~~re regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction liens and mortgage liens. VI. 1VVI[ISCELI~ .A1011~®US 7.1. No Third Party Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, except for the Delray Beach Community Land Trust which shall be a third party beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person's or entity's representative set forth below (as may be changed by notice from time to time} at the address set forth below: Notices to the City shall be sent to: City of Delray Beach 100 N. W. 1 St Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. 1St Avenue Delray Beach, Florida 33444 12 Notices to the Developer shall be sent to: Alta Congress Owner LLC 2b00 N. Military Trail, Suite 1.00 Boca Ratan, FL 33431 Attention: David E. Thompson, Vice President Notices to the Delray Beach Community Land Trust, Inc. shall be sent to: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a Workforce Housing Unit lessee or Workforce Housing Unit Owner may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail, 7.3. Severability. If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected. or impaired thereby; and the court may, but shall not be required to fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the Sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Hozxaestead Waiver. This Covenant is prior and superior to each Workforce Housing Unit Owner's right to a homestead exemption. Each Workforce Housing Unit Owner waives the Workforce Housing Unit Owner's homestead rights to the fullest extent that they conflict or impair the City's rights and remedies under this Covenant. 7.6. No Guarantee. Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any Workforce Housing Unit Owner will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximlun rent for such Workforce Housing Unit. Such Workforce Housing Unit Owner recognizes and accepts that his or her Unit may be less marketable than other Units in the Project and may not sell for as great a purchase price. '7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this t~ Covenant from complying with all applicable governrrzea~tal regulations, rubs, laws, and ordinances; b. To the extent approval or permission must be obtained from the Crty, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; e. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its gover~ux~ental or quasi- governmental functions. 7.8. This Agreement shall be governed by anal construed in accordance with the laws of the State of Florida. 7.9. DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WANE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OP ANY PARTY. '7.10 This Agreement constitutes the entire agreement between City and Developer. 7.11 In the event of a default of either party to this Covenant, the non-defaulting party may bring an action at law or in equity to enforce his rights under this Covenant. The proper place of venue shall be Palm Beach County, Florida. 7.12 Conflzcto To the extent of any conflict between the terms of this Covenant and Section 4.7 of the City's Code of Ordinances in effect as of the date of the execution of this Covenant by the City, the Code of Ordinances shall control. ~xElv~~l<lv~~l~ ~~ PAGE ><NTEIVT~c~~Alv,>[~Y ~~a~T a~.,~~x~ [SIGI\lAT1CIizES ®l~l F®LL®WII~TG 1PAGES] 14 IN WITNESS WI-IEREOF, the City and Developer have caused this Covenant to be executed on its behalf by its respective officers thereunto duly authorized. DEVEL®PFR ALTA COI~~GRESS OWNER LLC, a Delaware limited liability company By: Alta Congress LLC, a Delaware limited liability company By: Wood Alta Congress II, LLC, a Georgia limited liability company By: WP South Development Enterprises9 L.L.C., a Delaware limited liability company, its manager By: Wood Real Estate Investors, L.L.C., a Delaware limited liability company, its manager Witne STATE OF FLORIDA COUNTY OF PALM BEACH. The foregoing instrument was acknowledged before rrae this~~ day of _ C~.~,+' 2011, by David E. Thompson, Vice President of Alta Congress Owner LLC, a Delaw re limited liability company who: (please check one) is (are) personally known to me OR has (have) produced identification. y199-1d Samantha Narthc'i~t~~vNotary Public My omm~ssion Expires: ~,~~YP~°,. :~~ M~o~~~sssor~~~~iao~s~ w`~0 ~xE 1R[5: JAN. G5, 2G12 'ra a~9~°m YJYdW,RA~t~~tNOTARY.COm as 1~ CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: City Clerk. Approved as to legal form and sufficiency: City Attorney Witness Print name of Witness Wita~ess Print Warne of Witness STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Nelson So McDuffie, Mayor The foregoing ixstrument was acknowledged before me this day of 2011, by Nelson S. McDuffre, Mayor, City of Delray Beach, Florida who: (please check one) is (are) personally known to me OR has (have) produced identification. My Commission Expires: Notary Public as 16 EXiHI~1T "A" ALL OF TRACT A-1 AND PORTIONS OF TRACTS A, B, F AND E-2, CONGRESS PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, AT PAGES 194 AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCREBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90°00'00" WEST, A DISTANCE OF 735.97 FEET; THENCE NORTH 45°00'00" WEST, A DESTANCE OF 28.28 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 75.56 FEET (THE LAST FOUR [4] CALLS BEING COINCIDENT WITH THE SOUTH LINE OF SAID PLAT); THENCE NORTH 00°42'04" WEST ALONG THE WEST LINE OF TRACT B OF SAfD PLAT AND THE EAST LINE OF LAKE WORTH DRAINAGE DISTR[CT CANAL E-4, A DISTANCE OF 404.79 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 65,86 FEET; THENCE NORTH 45°00'00" EAST, A DISTANCE OF 47.00 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 35.00 FEET; THENCE NORTH 45°DD'DO" EAST, A DISTANCE OF 46.00 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 101.00 FEET; THENCE SOUTH 60°00'DO" EAST, A DISTANCE OF 38.00 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 94.00 FEET; THENCE SOUTH 45°00'00" EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 45°DO'00" EAST, A DISTANCE OF 71.50 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 38.00 FEET; THENCE NORTH 45°DO'00" EAST, A DISTANCE OF 24.00 FRET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 190.66 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 21.21 FEET; THENCE SOUTH 90°00'00" EAST, A DISTANCE OF 115.27 FEET; THENCE SOUTN 45°00'00" EAST, A DESTANCE OF 46.36 FEET TO A POINT ON THE WEST LINE OF CONGRESS AVENUE; THENCE SOUTH 00°00'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 529.76 FEET TO THE POINT OF BEGINNING. CONTAINING 9.77 ACRES, MORE OR LESS. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 SERVICE AUTHORIZATION NO. 17.1/SPATIAL FOCUS, INC. ITEM BEFORE COMMISSION The item before Commission is Service Authorization No. 17.1 with Spatial Focus for technical assistance related to the SunGard Public Safety software project. Total cost of this Service Authorization is $4,250.00. BACKGROUND The City entered into a previous service authorization with Spatial Focus for Phase I of a project to provide technical assistance with address and street information needed for the SunGard Public Safety Software project. The Phase I Service Authorization was under $15,000 and was approved by the City Manager. At the February 1, 2011 meeting, the Commission approved Service Authorization No. 17 with Spatial Focus for Phase II work to complete the minimum address and street information needed to go live with the SunGard Police/Fire dispatch system. During the Phase II process, the consultant identified that a portion of data needed to complete the project was missing from both the City and County existing data sets. The attached Service Authorization No. 17.1 will allow the consultant to complete the minimum address range and street information needed to go live with the SunGard Police/Fire dispatch system. The go live date for the dispatch system is scheduled for early April 2011. More detailed addressing work is planned for a later Phase III of this project. The cost of Service Authorization No. 17.1 is $4,250 and requires Commission level approval since the combined cost of Phase I and II exceeds $15,000. FUNDING SOURCE Funding is available in 334-2111-521-31.90 after budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization 17.1 with Spatial Focus in the amount of $4,250. onsralting Services A~rtharization D,~TE; NVarch 1r:7r ~C~11 SEF~VICE ,~IJTHC7RIZAT[f~C~ ~!®.: ;t7.~. EC.7R COC~SIJLTIIVG SERVICES CITY R'~~~. IBC. CITY E~I~EI~SE C~C3E PRCr~ECI" ICJ. ~'~-~OIC TIITLE, CAb bAT.A Prep F~hase 2 T~~is Amendment ##~ when execrated, stall k~e incarpar`ated in and shall became an integryal pert of consultiing service ar.sthorizatian ~`~7 with Spatiaal Facers lnc. I. PO~C)JkvC'Ir L~CCFiIf~~C'IC~~I: `T"he City of V~elray beach, C~ivisian of Fnviranmental Services, has requested a proposal far. technical assistance ir7 the second p~aase of providing data preparation of address.. data far the CAVE pra~ect. In candr~cting this work,. it was deterr~nined by the City and SpatiaV Focus that appraxirnately 24~°.~ of the street centerPiine segments and address ranges were missing, ar7d that the project could not be completed withorat incarpar-atin~ this data. The addVtional data was collected by the City of Delray beach to create a cor7~plete file far the CAS project. 'I"his ~,rnendrrrent t#~. provides the ability tc~ incorporate these additional address ranges and street segrrrents, which were not @mown at the start ofthe project,. into a completed centerline file. II, ~SCQI~'E aF ~F~VICFS: 1. incorporate new field data to complete the data far'. address ranges arrod street segments to support the C~S51 CAD system 1.1 Inearporate field' data coilected by City. a..~ Q,r.rality control the data to insure that it matches wltt existing data. 1. C~ocument processes, QC reports, and any rerrrair~ring anomalies or issues with the data.. C~eliverak~le; Technical Memo; Grata incorporated, C~.r~ality Reports, and Any Remair7ing Issues lUagc 1 of 3 .~hcase 2 Acl~'rt~can~~ 1 ~~ -k frig, 1. Incar~arate new field data tca carnplete th~~ data far address ranges and street segrraents to sup~aart the C~SSI CAD syster~n €',,~;i = ~.,~. Incarparate fielr~ data callected by City 1,2 Q,rrraiity central the data tca incur-e that it n~ratches with existing data. 1,3 Dacument ~arcacesses, C#.C reparts, ancP any remaining anam~a4ies car issues woth the data, Sara Yurrnan - ~.6 hears Sara Y~rrman -16 hca~wrs Sara Yurman - 2 hcaurs ~2A(747t~.C7~ 2,QC~~l.O~CI 2Sr~.tlr~ 111. Schecl4ale The cansuiting tasl~ ctescriiaed in this arraenc~ment will be can°rpleted rat later tharr Cu1rch 1, ~reuiclec9 that delays in cam~pletian caf warp to he dens fJy pity staff shall r~oQ tie ceunted tawar~ds the requirement far campletican. The ~C1NStJL~f'AfV"I" may carnmence warp. an this service authari~atian apfaraed by the Ity to lie Incl~rde~d as wart of the cant'ract Vvithal~t a f~rrther r1aticf' to ~raceed. I'fagc ~ c~#` 3 Appraved icy: Nelsen S. McDuffoe, Mayar Attest ~ ~, ~ Martha Wells, Trea~su~rer w ~ , ,Attest, w .,~'~ ~~u~ ~~ BEFaRI~ M~, the ft~re~~aing A~prc~ved as to L.ec~al Sufficiency and l=c~rm instrument, this ~~th_day of March 211, and was acl~nowledr~ed by Martha Wells can behalf a~f the Car~uratlc~n ~pati'al Facus, Inc., and said persan execul-ed the same freely and valuntarily fer the ~urpuse therein.. expressed. Witness my hand and seal in the ~Caunty and State afaresaid this ~.~"' da ref March 211 Notary Public State cif Maryland'. My Commission Cxpires, Pay ~~nrr~~~w~dau ~ x~,~~ ~R• ~~~~ ~9~~'~Yti~RI"~ r~., ~1~^a~r^Ir ~+r '~~~~ ~b I~~~ (~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 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 February 28, 2011 through March 11, 2011. 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 Planning and Zoning Board Meeting of February 28, 2011 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (3 to 1, John Miller dissenting, Mark Krall stepped down, and Cary Glickstein and Connor Lynch absent), of a privately initiated Future Land Use Map amendment from (Medium Density Residential 5-12 du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) fora 0.22 acre parcel located on the south side of Avenue "L" approximately 357 feet east of South Federal Highway and immediately east of Presidential Auto Leasing and Sales dealership. B. Recommended approval (5 to 0), of three City-Initiated amendments to the Land Development Regulations (LDRs) related to the deletion of special regulations that pertain to Residential Licensed Service Providers (Section 4.3.3) and to allow them as permitted uses in specified zoning districts (Article 4.4); creating a Medical Arts Overlay District (Section 4.5.18); adding Institutional Uses when located within the Medical Arts Overlay District in specified zoning districts (Article 4.4); and, amending Appendix "A" to provide updated definitions for Residential Licensed Service Provider, Non- residential Licensed Service Providers, Medical Office, and Institutional Uses. Site Plan Review and A~earance Board Meetin,~ of March 9, 2011 1. Approved (5 to 0, Shane Ames and Roger DeCapito), a Class II site plan modification, landscape plan and architectural elevation plan associated with certain site changes including modifying the curb radii at the entrance roundabout, modifying the shape of the pool deck in the Clubhouse, the installation of three mail box facilities, modifying the roof shape for four decorative dormers in the Clubhouse building, and the addition of a Phase II to the development which will include the construction of Building "D" for Village at Delray, located on the east side of Auburn Avenue, between Auburn Drive and SW 7th Street (695 Auburn Avenue). 2. Approved (5 to 0), a Class III site plan modification associated with interior renovations which include the creation of a second floor to support an optometrist's office for 900 East Atlantic Avenue, located at the southwest corner of East Atlantic Avenue and Venetian Drive. Concurrently, the Board approved a waiver to LDR Section 4.4.13(F)(1)(C) to allow a minimum floor height of 8' on the ground level where 10' is required and 7.6' on the upper level where 9' is required. 3. Approved (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of retail floor area to restaurant for Cafe De France, located at the southeast corner of East Atlantic Avenue and SE 1st Avenue (110 East Atlantic Avenue). Historic Preservation Board Meetin,~ of March 2, 2011 4. Approved (5 to 0, Roger Cope stepped down and Tom Stanley absent), a Class V site plan, landscape plan, architectural elevation plan and a request for a Certificate of Appropriateness associated with the conversion of a single family residence to a bed and breakfast inn for The Hartman House, located at 302 NE 7th Avenue (northwest corner of NE 7th Avenue and NE 3rd Street). Concurrently the Board approved a variance to allow a swimming pool at a setback distance of 20' 4" from the front (east) property line, whereas a setback of 25' is required. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 5. Recommended approval (5 to 0), to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property located at 114 NE 1st Avenue, within the Old School Square Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' MARCH 15 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SP~4A8: HPB: 1. VILLAGE AT DELRAY 4. THE HARTMAN HOUSE 2. ~~~~~ EAST ATLANTIC AVENUE .>. CAFE DE FRANCE -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\3-15-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 8.Q.1 -REGULAR COMMISSION MEETING OF MARCH 15, 2011 NEIGHBORHOOD STABILIZATION PROGRAM HOUSING REHABILITATION GRANT AWARD ITEM BEFORE COMMISSION Approval is requested for three (3) NSP Housing Rehabilitation projects to be awarded to the selected general contractor for acquired NSP properties for the total amount of $101,493.00. BACKGROUND On April 20, 2010, the City Commission approved a vendor list for miscellaneous services for NSP properties, including: Title Agency, Real Estate Services, and Construction Services. Additional General Contractors were approved on October 19, 2010. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP ll-2010NS at the June 15th Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the approved contractors. The following housing rehabilitation projects to be awarded to the selected general contractor for rehabilitation are: Property Contractor Rehabilitation Cost Address 2707 SW All Phase Roofing & $ 12,936.00 2ndStreet Construction, Inc. 518 SW 9thCourt All Phase Roofing & $ 61,136.25 Construction, Inc. 310 Southridge All Phase Roofing & $ 27,420.75 Rd. Construction, Inc. FUNDING SOURCE Funding is available from 118-1934-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation) and 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). RECOMMENDATION Staff is recommending the approval for three (3) Housing Rehabilitation projects to be awarded to All Phase Roofing & Construction, Inc. for the total amount of $101,493.00. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 07-2011 NS PROJECT ADDRESS: 310 Southridge Road DATE OF BID LETTERS: February 4, 2011 DATE OF BID OPENING: March 4, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC J M W Construction Corp. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT 31,365.03 BID BOND All Phase Roofing & Construction $26,115.00 1,305.75 $27,420.75 FUNDING SOURCE Account # COMMENTS: DCA-Neighborhood Stabilization Program 118-1935-554-62.12 Revised 12/7/10 FFM C O .y .~ d V .~ N O O t O t a~ .~ Z A N d A .y W ~_ m Z O N O d Z 00 0 U O ~ O N ~ O O O Q U o ~ U 0 c U c° U ~ J O J U UI O O .--. O ~ ~ Q C O U C O ~~ O O U ~ ? O ~ ~ O ~ O ~ U Q ~ L ~ U ~ O O ~ ~ m O O N -O N p ~ L ~ N O O 0 ~ ~ = O N L ~ O (n i U - o ~ ~ U c i ii ~ W Z O W Q H Z ~yj W ~2 Q N ~ H ~ d. 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Y H ~ ~ U W ~ w N Q ~ ~ - N (6 = ~ (6 (6 (6 _ (6 (6 (6 C L Q L Q L Q N (6 (6 (6 Q N (6 Q O O L U J ' . O ~ ~ N O cn c U c ~ U c U c U c U c U c U c O N N N cn c U c U c U c N cn c U c N I N ~ ~ = ~ ~ ~ ~ ~ ~ ~ In W ~ ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O O ~ N N N N N N N N N N M CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 07-2011 NS PROJECT ADDRESS: 2707 SW 2nd Street DATE OF BID LETTERS: February 4, 2011 DATE OF BID OPENING: March 4, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC J M W Construction Corp. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT 14,775.00 BID BOND All Phase Roofing & Construction, Inc $12,320.00 616.00 $12,936.00 FUNDING SOURCE Account # COMMENTS: DCA-Neighborhood Stabilization Program 118-1935-554-62.12 Revised 12/7/10 FFM C O .y .~ d V .~ N O O t O t a~ .~ Z A N d A .y W ~_ m Z N O Z ~_ m 0 U ~ ~ O N ~ ~ O O Q U o ~ U 0 c U c° U ~ J O J U ~I ~ ~ .--. O ~ ~ Q C O U C ~ ~~ O O U ~ ? ~ ~ ~ ~ ~ O ~ U Q L N ~ ~ ~ m (~ _ O ~ N ~ ~ (6 C O ~ N N ~ O ~ ~ ~ C L N U N ii ~ W Z W Q H Z ~yj W ~ N ~ H ~ d. Z o a Q ~ ~ ~ m m O O O O O O O O O O O O O O O O o O O O O O O O O O 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 CO CO O CO V ~fJ O O ~fJ O O ~fJ O O CO O ~fJ CO N 07 N CO N 07 ~fJ N CO M CO O CO V O CO N M M ~ M ~ M ~ ~ N N O M e» cn e» cn e» cn e» cn e» cn e» cn e» cn e» cn e» e» 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o ~n ~n o o co o o ~n co o o o o o rn 07 N CO N 07 M CO I~ O W M W V V ~_ CO M ~ N O N O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O o O O O O O O N O 0 0 0 0 0 CO O O ' O 07 O O CO ~fJ 07 M CO 07 ~fJ O N 0 0 0 ~fJ O M CO V N ~fJ CO ~_ CO I~ ~ W ~_ N O M O N I~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~fJ 0 0 0 0 0 0 0 ~fJ O ~fJ O O O ~fJ O ' O I~ O O W N O O O M ~ N O N ~fJ O O N 07 ~ N ~ M I~ O H O ~_ M V M M CO O M N ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~fJ O O O O O O O O O O O O ' ~fJ O O O N O 0 0 0 0 0 ~fJ O O ~fJ ~fJ O I~ 07 N ~fJ E N V I~ O ~ N O W ~ M V ~fJ I~ N N ~ V ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s ~s i O O D N O O ~ D cn ~ ~ ~ O ~ (6 ~ . ~ Y 7 ~ ~ U ~ ~ ~ X ~ O U (n LL ~ O O ~ ~ L L O N ~ (6 O = E > O (n CO o D ~ 0 _ N •` L O O 00 ~ ~ ~~ ~ > ~ ~ ~ X LL N N .~ ~ C X w iC W ~ 0 _ ~ [0 ' m p W ~ 0 a N U W ~ ~ ~ ~ ~ L O_ ~ ~ ~ ~ Q Q Q Q N Y O J O . O_ O_ .O O_ N H (6 7 7 (~ ~ N N N (6 N N N N N E L ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O O ~ N N N N N N N N N N M CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 07-2011 NS PROJECT ADDRESS: 518 SW 9th Court DATE OF BID LETTERS: February 4, 2011 DATE OF BID OPENING: March 4, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC J M W Construction Corp. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT 47,677.14 BID BOND All Phase Roofing & Construction $58,225.00 2,911.25 $61,136.25 FUNDING SOURCE Account # COMMENTS: CRA-Neighborhood Stabilization Program 118-1934-554-62.12 Revised 12/7/10 FFM C O .y .~ d V .~ N O O t O t a~ .~ Z A N A .y W ~_ m Z O N O d n Z m 0 U ~ ~ O N ~ ~ O O Q U o ~ U 0 c U c° U ~ J O J U UI ~__ .--. O ~ ~ Q C O U C ~ ~~ O O U ~ ? ~ ~ ~ ~ ~ O ~ U Q U N ~ ~ m O U ° ~ ~ c6 O ~ ~ 07 ~ O p 2 ~ ~ ~ ~ O Z ~ v ~ ~ ca U ~n ii ~ W Z O W Q H Z ~yj W ~ N ~ H ~ d. 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Hasko, Director of Environmental Services THROUGH: David Harden, City Manager DATE: March 4, 2011 SUBJECT: AGENDA ITEM 8.Q.2 -REGULAR COMMISSION MEETING OF MARCH 15, 2011 PURCHASE AWARD/ AMERICAS GENERATORS ITEM BEFORE COMMISSION Approve an award to Americas Generators, Inc. in the amount of $54,642.00 for the purchase of a 200kW standby backup generator. The generator will replace an aging unit currently in use for the 20 Series Raw Water Wellfield. BACKGROUND Last year, Utilities Maintenance staff encountered failures with some of its aging fleet of fixed standby generator units. Consequently, staff programmed unit replacements in the current Capital Improvement Program. This year's budget is approved in the amount of $75,000. On January 25, 2011, the City sent out official quotation request packages for the purchase of a 200-kW (with 480VAC, 3-Phase, 60 Hz, 1800RPM) Standby Generator. City Purchasing notified eleven (ll ) potential vendors. On February 25, 2011, only one quote was received for this purchase award, from Americas Generators, Inc. in the amount of $54,642.00. A review of their submittal package confirmed that the unit/model quoted meets the bid specifications. Acopy of the quote package is attached. Total cost for this award is $54,642.00. FUNDING SOURCE Funding is available from account #442-5178-536-64.90, Water & Sewer Renewal and Replacement Fund/Other Machinery and Equipment, after a budget transfer. RECOMMENDATION Staff recommends award to Americas Generators, Inc. in the amount of $54,642.00 for the purchase of a standby generator, P/N 2011-044. QUOTATION REQUEST CITY OF DELRAY EEACI~ PLtrchasing Division 100 NW 1st Avenue Defray Leach, FL 33444 (561} 2437'16117163 (Phone) (5B1 } 243-7166 (Fax} DATE: January 25, 2D~11 QUOTATION REQUEST NtD.; X992 TITLE: Generator(s) Bid for Environmental Services Depar#ment Public Utilities Division QU07ES MUST BE RECEIVED DN OR BEFORE: ride Februa 25 2011 riar to 2:00 .m. Tha quote number li5tad above must appear nn all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part. Changes or suggestions offering cast economies are solicited. QU~TATIbN REQUEST 1992 Tha City of Delay Beach is requesting quotations for the purchase and delivery of portable trailer mounted generators and fixed generators. Aii units F,O.B to Utility Maintenance yard located at 434 S, 5wlntan Ave, Defray Beach, Florida, 33444. Please see the attached Specifications. _Ynu may submit your Quotation request the following ways: Mali to Patsy Nadal, Manager, Purchasing Division, 100 NW 1S1 Avenue, Delray Beach, FL 33444 or 2. Fax to (561) 243-7166 of Email to nadal m delra beach.cam ALL PAGES MUST t3E COMPLETED AND RETURNED. Quanti • 1 200kW diesel generator (per attached specifications) TOTAL COST FOR ALL ITEMS AS APACKAGE - Thankyou, Patsy Nadal, Purchasing Manager Unit Costll(E~ ExtendEed~ Cast $ ~~ COMi'ANYNAME: ..~M~~i ~~ ~ (~ ~rVr/(~/~~c7(ZS ADDRESS: 8 ~ ~ ~ l V Vl~ (01~ GJ~'l~~ C-`f. ~~ ! r CITY: STATE: ZIP: TELEPHONE: c3d~) 5 ~ Z - (o~rd o FAx:l3o~ ~~ ~ ~ ~ ~ ~d EMAIL ADDRESS:. C~ :,} C~ .~ SIGNATURE~~~~~~ DATED: Z ~ l a~ 1 M Quote No. 1992; Public Utilities Generator ttetilacement RESPOND TO ITEMS iF APPLICABLE, THIS INQUIRY IMPLIES NO 08t_ICATION ON THE PART 01' THE t3UYERS. SPECIFY WARRANTY: Gj `1 CG~.1~~ G ~ ~ ~~~ r I ~~~ r~ Parts: NIA ~ / .Labor: NIA k Delivery Time: NIA ealertdar days after receipt of order. Shipping From: NIA Terms and Conditions: NIA ANNUAt_ PREVENTATIVE MAINTENANCE: Paris $,~NIA andlor Labor $ NIA Provide three {3) local customers presently using this project or service: Cnrn an Name Phone Contact Person C©MPLETE PAGE 10 CONt]ITIONS: ACCEPTANCrw: The Cify of Delray Beach reserves the right to accept ar reject any andlor all pads of this quotation as deemed to be in the best interest of the City. SHIPMENTS: All Shipments are to be made F.O.B. destination. DEFAULT.' In case of default, the City of Delray Beach roserves the right to procure items contained herein from other sources and hold successful vendor or contractor liable for resulting increased costs andlor damages. , SAMPLES: Samples, unit specifications, and shop drawings, when requested, must be furnished free of expense to the City and if not used In testing or destroyed, will upon request wi#hin thirty (30) days of award, be returned at bidder's expense. PR1Cf1VG: All prices should be shown in unit amounts and totals wherever applicable. In the event of discrepancies, unit pricing shall prevail. All prices quoted must be firm as shown and good far a minimum of sixty (60} days from date of opening. TAX'S: The Gity of Delray Beach is exempt from any taxes imposed by Federal andlor State Government. Exemption cer#lficatos, if required, will be furnished by the Clty, Tax exemption includes Federal excise tax on tires. D1SC4UNT5: t3idders may offer a cash discount for prompt payrnent. However, such discounts will be not considered in determining the net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit price bid. SAFETY STANt]ARDS: The bidder warranfs that the product supplied to the City conforms in all respects to the Standards set forth In the Occupatlonai Safety and Health Act of 1970 and its amendments and the failure to comply with this condition will be considered a breach of contract. Quote No. }99?; P~iUiin Utilities GCIEl:rlltOr iteplnc~ineitit 2 of 7 Gerterator(s) Bid for Environmental Services Department, Public U#iiitles Division A. PURPOSE": The purpose and intent of this "Request for Quotation" is to seek a firm price for the purchase of ~- 200kW diesel generator per attached specifications, at the most economical price. Service and quality are of primary concerr-. Bidders with sub-standard units or service will be judged to be non-responsible and their bids non-responsive. Na bid will be accepted if it offers lower standards of service and/or quality than is described herein. B. NOTICE OF AWARD; l# is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when notice has been given the awardee by the City through its aufhorized office, and a purchase order shall be issued to the bidder covering same. C. VENDOR SERVICE. REPRi;SENTATiVI=: The Bidder{s) shall submit with his quote andlor bid proposal iho name, address, and telephone number of the person {s) to be contacted for the information and for the coord'tnalion of service. A contact person for regular work-hours, after-hours, weekends, and holidays must be identified. D. TIMI; FOR COMPLETION OR DELIVERY, It is hereby understood and mutually agreed lay and between parties hereto the lime of delivery is an essential condition of this contract. F. SAi~1=TY AND CARE OF WORK. The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shat! be responsible for all damages to persons or property resulfing from unsafe acts, negligence, poor workmanship, or failure to maintain a clean worksite in connection with his work under this contract. The Contractor shall be responsible for the care and protection of all vrork performed until completion and acceptance. G. PERMITS: N!A H. CITY OCCUPATIONAL LICENSE: NIA I. INSURANCE: NIA J. SUBMISSION OF DOCUMENTATION: Upon notification of award, the successful Bidder has fifteen {95) days within which to submit ail dacumsnlatian (specifications, shop drawings, photos, etc.). Required Submittals: • Shop drawings of all units, • Photos of all units) items, K. PAYMENT; Paymen# in full will be made AFTER all units have been delivered ins acted and acce ted by the City. L, INSPECTIONS: An aufhorized representative of the Clty shall have the right to inspect units upon delivery for condition and completeness of artier. After inspection, l3idder will correct any unit unacceptable, Including freight charges for returning units, at no expense to the Ciiy. Qunta No. 1992; Public Utilities Generator Replac~mcE3! 3 of 7 M. INFORMATION: Any questions with regard to tho petalled Specifications of this Request for Quotation should be addressed to Harold Williams, Manager of Utility Maintenance, at (561} 243-7306. Any quesiions with regards to the submission of your quotation package should be addressed to Patsy Nadal, Purchasing Manger al (561} 243-71ti1. N, SCOPE O~ WOa_K; The Contractor shall provide all tabor, materials, and equipment required in the purchase and delivery of gnnerators lisfed herein. The undersigned agrees to eefer into an agreement in accordance with the Request for Quotation within throe {30} working days after the date on which the notice to the award has been given and conveyed to the awarded t3ldder. Q. ADDITIONAL INSTRUCTIONS If a livable {1} Refer to Generator Specification Sheets (attached}; 2 pages. P. _COMPI_ETION TIME: After the award is made, the Bidder agrees to delivor units to owners destination within thirty days (105} days AFTER the date of the issued Purchase Order, Q. INSURANCE REQUIREMENTS: NlA R. INbEMNIFICATION: The BIDDER shall indemnify, defend and save harmless the CITY, its officers, agents, and employoes, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Protect; or by or in consequence 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 act or omission of the said contractor or his subcontractors, agents, servants or employees. BIDDER agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any Federal, State, County or City laws, by-taws, ordinances or regulations by the BIpt7ER, his subcnntractnrs, agents, servants or employees. BIDDER further agrees to defend, indemnify and save harmless the CITY, its officers, agents, or emptoyoes from ail such claims, fees, and from any and atl suits and actions of every name and description that may be brought against the GITY nr its officers, agents or employees an account of any claims, fees, royalties, or costs for any invention nr patent, and from any and all suits and actions that may be brought against the GITY, its officers agents or employees for the infringement of any and alt patents or patent right claimed by any person, firm, or corporation. The indemnification pravlded above shall obligate the 131DDER to defend at hfs own expense or to provide for such dofense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may ba brought against the CITY, its officers, agents, or emptoyees which may result from the oporations and activi#ies under this Contract whether the work by performed by the 81l]t]t=R, his subcontractor or by anyone directly ar indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. Quote No. 1992; t'u61ic Utilities Generator Replacement 4 of 7 Genel'~tor SiOecifica#ions NOTE :TWO (2} O g M MANUALS REQUIRED FOR GENERATpF2 Please quote on the following fo include delivery time, and all freight charges to our address Item # Quantity 1 1 One (I}New Diesel l;ngine Generator set, rated @ 200 KR' Standby, 4$0 VAC, 3 Phase, 60I4z, 18flflRPM, T[ER AI Capable witlt the following accessories: To Include; EMCP 3.2 Control Panel • U1.2200 Listed package • Secondary communications link. • One (l) Remote (or Localj Annunciator Panel -- 991110 • Permanent Magnet i~xeitatiott System. • Space Iteatcr • Coolant level sensor • Low i'uel level alartrt • Fuel level switch • Wide base • Lcad Acici Starting Batteries, ]Zack and Cables • 13attery Charger 10 Amps. • Jacket water heater • Control GP I~Ieatcr, • Rolay end block terminals. • Cnnuttan Alamt Shutdown relay. • Three phase sensing. • Analog Voltage regulator. • Remote emergency Stop. • Generator ruatning relay. • PGS test report at 0.8 pf. • Neutral Grounding Connection. • Two {2j O&M Manuals • Five (5}years extended Factory Warranty. 1 One Exhaust Svsteni consistin an Su er Critical Silencer AT 35Dba b'lex with split-cuff connections and U Clamps. Thsu Walt ]nsiallation Kit including 9D deg elbow, clamps, rain cap and wall sleeve, MuCtler Installation Kit whiclt includes elbow, flange and gasket~c. One (1) Diesel Cue] 150 Galls Sub Base Day Tank. double wall, steel constntction UL-1421isted.(lfl Itrs operation at full loadj. One (I } 400 Amp UL, 3 pole, 100 % rated Thermal Magnetic Circuit 13reuker whit 24VDC shunt trip and auxiliary contacts. Start-Up. Training, Load Bank and Building Load Test. Quote Na,1992, Public Utitilics Generator ]teptaccineut ~ ~~ 7 QUOTATIQN SIGNATURE FARM UEL#2AY Q~ACH QUOTATION #'i992 CLOSING DATE: 2:00 P Frida Februa 25 2077 M Ai[-nrt~snca City . . TITLE: Generator(s) Bid , ~ Environmental Services Department iooi Public Utilities Division .Lr ~p ~ f( oArF ~ ~ r ~ COMPANY NAME *51GNA7"URE NAME/FlTLE N u/ Co ~ fr~~-~ -~- ADDRESS ~!T-,~ srATE zrP cooE TELEPHONE .L b1r} _ ~j~~--~~,~~ FACSIMILE; (,~~_ ~~ Z- ~q ~ ~ n EMAIL ADDRESS 1~~~~~~•{~_~ __~Q~pi,C~~j?-• C ~~ VENDOR SERVICI= RI~PRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: ~ r ~ [~ TELEPHONE -~~7~) ,5 ~ ~f ~~ FACSIMILE: X305) ~Q Z~""~~ D{~ NOTE: PLEASE AFFIX SiGNTURE WI-iERE INDICATED, FAILURE 70 I]O SO SIiALL BF CAUSE F'OR REJECTION OF YOUR PROPOSAL ®li.®~~,~,~99j;,;.~'u~llG Uiili~~esGenera~ac Replacetinent s ~r ~ REFERENCES -~ QUITE # '1992 COMPANY NAMI=: ~ ~ ~ ~~ ~ ~' ADDRESS: CITY: CONTACT NAME: HONE ••••••••••••••••••••••••••••••••••••••+•••••••o••••••••••• COMPANY NP ADDRESS: CITY: STATE: ,~ L- ZIP: ~ ~ ~ ~ ~ CONTACT NAME: , ] ~ i'}`l . ~f}~~-~ ___ .. ..---PHONE #: Z ~~~ COMPANY NAME: f I ~, ~~ o~ ~ s ADDRESS: `~ ~+~~ ~ ~ CITY: „~tl'~'cr~- ~I I ~ ~..c_~ STATE: ~~-- ZIP: ~ ~- ~ J CONTACT NAME: ~C~.tlf' ~~-lG ( ~'_ PHONE #:, ~.~D ~ ~? ~ ~. - J I ~ i•~•••••••••*•••••••••••••••aa•••••••••••••••••••••••••••• COMPANY NAME: ~I~d ~ ~ ~ ~~ ~ ~ ~ CC Yi 1`~ t7 I ADDRESS: l ~ G ~ CITY: ~ ~ ~-~ TG~I I Del STATE: t~ Imo- ZiP, CONTACT NAME: ~ ~,E.tr~ ~.~ ~ DL r ~ E G~ l~ P Q Z- PHONE #: ~ I ~'aT ~.~ Z ~ `~- .~ ~ [~[] ••1•4•••••11•••••t•••••••••••1••1••i••••••••••••0••••••i•• COMPANY NAME: ADDRESS: CITY: STATE: ZIP: CONTACT NAME: ~ _ _ _ _ -PHONE STATE: ZIP; Quote No. 1992; Public UEtliil4s Generator I2eplaceinent ? of 7 p x c> rn m o [7 m a d z ~ rn ~ > n z ~ z Z a ~ v ~ ,~ mo ~ a ~ z - -~ ~ m r - t w m ~ ~ ~ z m 0 - i ~ i v m ~c' ~ ~ ~ a ~ m a o ~ y ~ ~ '~ ?y ~ ~ c d m ~ i t C ~ ~ v m w ~ i Z ro < n y 0 1 'j _ ~ ~ ~ O O .~ z ~ ~ v ~ < -i ~ z ~ O ~ m z~ ~ 0 o 0 0 ~ a o p 2 rn ~. rr~~ Cry ~ ~ ` ` ~ Y 2 L7 Z Gf G7 D Z `A ~ m ro~ro~ ~ , u, ~ ,oi''o ?' ~ z lri ~ c~ ~ ~ "~ 0" --- o c~ ~v uy y 16 ~~'S t , . r . 0 omh~~n' ~ w ~ N w - - °' ~ z 2 o ° E}I O . 0.75" ~ 2.38" ~ 0 ~ 7.88° '~ ~ _ ~ ~, ,1.38" ~ ~ , ~ o ~ ~ c-> J ~" 4.70" - . A J ~ ~ j , Q j 35.38" ~ ~ ~ Jj J J J 49.38" ~ n p j J j d J j 38" 63 '~ ( . ~ ~ ~' 00" © ~ © Q O ~ J i 7. x ~ ~ " Y ~ J 77.38 c 0 N I"~,. O ~ ~ L °o ~ N a 0 I ~ J 0 _ ~ ~~ a~~ ~ 91.38° ~ -n o ~' J i 94.88" ~ ' J A ~ 103.88° ~ .~ r ~ 105.76" ~ j - l ~ , ~° o o ~ ~ F ~ 9 c m ~ a ~ ~ ~ ~ 8 ~` m c g r ~ ~ s n ~ °s m ~~, ~ ~ rrrrrrrrrrrrrrrrrrr z ~ ~ m .~ o rrrrrrrrrrrrrrrrrrr m ~ ~ m rrrrrrrrrrrrrrrrrrr ma $ rrrrrrrrrrrrrrrrrrr m~ ~ s rrrrrrrrrrrrrrrrrrr ~ ~ rrrrrrrrrrrrrrrrrrr A rrrrrrrrrrrrrrrrrrr ~ ~ rrrrrrrrrrrrrrrrrrr ~ m n rrrrrrrrrrrrrrrrrrr ~ $ ~ g ~ rrrrrrrrrrrrrrrrrrr o r4 rrrrrrrrrrrrrrrrrrr ~ ~~ ~ m i, ~ - a 2' ~'t' S ~ ~, s n ~ ~ g A b A V pn m ~ rt ~C ~. ~-- ~~~ d ~ mp [~ P ~ 0 4 0 ~ _ 0 v A N o~ 9 = w ro iD , $ .~ R, o -~ - .; ~ ~ ffi~ b N ao ~ v ~c~Z~a.. z ~ N z ~ z 4 ~ C Z R~ A n Y n~~ X~ ~m a ~ -- 3 ~ ~% ~, Americas Generators,lnc. 8511 N.W. 61st Street Miami, FL 33166 14 t'il e P I C a S 305/592-6800 Fax: 305/592-5900 G~NERATaRs Cust. # 10794 Salesperson sn~pTo: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 B~u To: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Chalice Johnston QUOTE UPC V ACK DATE ORDER NO. 000000 03/04/11 10058725-00 P.O. NO. PAGE # 1 correspondence To: Americas Generators 8511 NW 61 st St Miami, FL 33166 INSTRUCTIONS Ex Works Miami SHIP POINT VIA SHIPPED TERMS Americas Generators Net 30 PRODUCT QUANTITY QTY. UNIT PRICE DISCOUNT AMOUNT LN AND DESCRIPTION ORDERED UM PRICE UM MULTIPLIER (NET) 200 KW John Deere UL 1 each 48750.00 each 0.00 48750.00 200 KW John Deere UL skid open, EPA3, 60hz 220015 1 each 0.00 each 0.00 0.00 277/480 V 3 Phase 60Hz High Wye Signature: 111113 1 each 0.00 each 0.00 0.00 Battery for 81 to 300 kw Generator, Series 31 Model# 31-1000 110029 1 each 0.00 each 0.00 0.00 Triton Battery Charger 12 Volt for X Series 100028 1 each 0.00 each 0.00 0.00 PMG Kit for M Series Gen 170 kW to 280 kW PMG Kit for Gensets with Leroy Somer Alternators Models LSA462 & LSA472. Supervisor Approval Required. Labor for Installing PMG Kits on Open Style (SKU 220007) or SAE Style (SKU 220008) is REQUIRED but NOT included. 220007 1 each 0.00 each 0.00 0.00 Labor for Installing PMG Kit for Open Style Gense Space Heater 1 each 0.00 each 0.00 0.00 Space Heater 101113 1 each 0.00 each 0.00 0.00 810 Interface Kit (USB PC Cable & Software) Extra Manual 1 each 200.00 each 0.00 200.00 Extra Manual O&M 220031 1 each 0.00 each 0.00 0.00 Fuel Tank Mounting 101 - 250 kW ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUT "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not prepared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 1 % of the price of generator(s) for loading, securing, unloading, and insuring the equipment. $3.00 daily storage per generator. Continued Americas Generators,lnc. 8511 N.W. 61st Street Miami, FL 33166 14 t'il e P I C a S 305/592-6800 Fax: 305/592-5900 G~NERATaRs Cust. # 10794 Salesperson sn~pTo: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 B~u To: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Chalice Johnston QUOTE UPC V ACK DATE ORDER NO. 000000 03/04/11 10058725-00 P.O. NO. PAGE # 2 correspondence To: Americas Generators 8511 NW 61 st St Miami, FL 33166 INSTRUCTIONS Ex Works Miami SHIP POINT VIA SHIPPED TERMS Americas Generators Net 30 PRODUCT QUANTITY QTY. UNIT PRICE DISCOUNT AMOUNT LN AND DESCRIPTION ORDERED UM PRICE UM MULTIPLIER (NET) including wiring & programming fuel level indicators Coolant Level Sensor 1 each 0.00 each 0.00 0.00 Coolant Level Sensor Super Critical Exhaust 1 each 0.00 each 0.00 0.00 Super Critical Silencer as per specs 101106 1 each 0.00 each 0.00 0.00 Remote Annunciator Kit NFPA110 Remote Annunciator Kit (NFPA-110) - P130 Input Expansion Module P/N 0130-001-00 - P549 Remote Annunciator P/N 0549-001-00 - Enclosure with Flush & Surface Covers P/N ASE-8-6-4 - 810 Interface Software P/N 0810-002-00 ****On-site installation NOT included!**** 150 gal Dbl Wall Tank 1 each 0.00 each 0.00 0.00 150 gallon dbl wall base tank, UL142 990002 1 each 0.00 each 0.00 0.00 5 Year Limited Extended Product Warranty The five year extended product warranty begins either 90 days after date of sale or upon generator start-up, whichever occurs first. Please see extended warranty policy for terms, length, and coverage of extended warranty. 152007 1 each 2592.00 each 0.00 2592.00 400 Amp Triton 240V 3PL 3 Phase UL ATS TX400/240/3N 1 start up, train,loadbank 1 each 2500.00 each 0.00 2500.00 Start up, Training, and Loadbank ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUT "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not prepared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 1 % of the price of generator(s) for loading, securing, unloading, and insuring the equipment. $3.00 daily storage per generator. Continued Americas Generators,lnc. 8511 N.W. 61st Street Miami, FL 33166 14 t'il e P I C a S 305/592-6800 Fax: 305/592-5900 G~NERATaRs Cust. # 10794 Salesperson sn~pTo: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 B~u To: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Chalice Johnston QUOTE UPC V ACK DATE ORDER NO. 000000 03/04/11 10058725-00 P.O. NO. PAGE # 3 correspondence To: Americas Generators 8511 NW 61 st St Miami, FL 33166 INSTRUCTIONS Ex Works Miami SHIP POINT VIA SHIPPED TERMS Americas Generators Net 30 PRODUCT QUANTITY QTY. UNIT PRICE DISCOUNT AMOUNT LN AND DESCRIPTION ORDERED UM PRICE UM MULTIPLIER (NET) Start-up & training Load bank-in house and with your rep to to witness. The building load test is part of the start-up. 17 Lines Total Qty Shipped Total 17 Total 54042.00 Freight Out 600.00 Invoice Total 54642.00 ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUT "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25% RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. If no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not prepared to receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 1 % of the price of generator(s) for loading, securing, unloading, and insuring the equipment. $3.00 daily storage per generator. Last Page AUBURN CIRCLE NORTH _ ~ N ~ ~ ~ 3 w J ~_ ~~ 3 ~ ~ ~ ~P vi vi vi 0 S.W. 6TH ST. AUBURN DR. ~ U ~ ~ m m ~ ~ Q Q AUBURN CIR. S. AUBURN S.W. 7TH ST. J~, Z TERR. S0. ~~ W S. W. ~ ~ ~ 7TH ST. Q ~ a ~ ~ ~ J~= ° ~ > > J~ ~ 3 o - a a ~ ~ vi S. W. 7TH CT. 0 W vi ~ I- S.W. 8TH ~ ~ ~ ~ w I( 11 I- ~ `° ~ ~ LOCATrON OF Q w Q N ~ GENERATOR ' ~ REPLACEMENT ~ W ~ ~ ~ ~ ~ ~ M N O O O z N ~ O II^^ N ~ ~ N d o S. W. 10TH STREET 0 o w Q 3 w ~~ Q ~ °' ~~ 0 o ~ ~ 3 ~ ROYAL ALM DR. i p i 0 N U N POINSETTIA DRIVE .__ ,~ CITY of DELRAY BEACH PUBLIC UTILITIES GENERATOR DATE:03/07/2011 6 ENVIRONMENTAL SERVICES DEPARTMENT REPLACEMENT LOCATION MAP ®®~ 434 eouni SWNiON AvENOE, DELRAY BEACH, RaranA s344a 2011-044 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: March 7, 2011 SUBJECT: AGENDA ITEM 8.Q.3 -REGULAR COMMISSION MEETING OF MARCH 15, 2011 PURCHASE AWARD/ FLORIDA BULLETS, INC. ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks approval for the purchase of ammunition from Florida Bullet in the amount of $71,405.20. This order includes the ammunition needs for training, on- duty use, and the S.W.A.T. team. See attached memo for itemized list. BACKGROUND Pricing on the attached quote is a combination of State Contract (#680-050-10-1) and Sole Source pricing. Sole Source pricing allows Florida Bullet to pass on special pricing consideration to customers. Florida Bullet is a preferred vendor as they consistently provide quality merchandise, pricing, and service. Ammunition is a requirement for Law Enforcement Agencies for obvious reasons. This represents our large, annual order. Funding has been approved in the Department's budget for this purpose. The State Contract covered portion of the Florida Bullet Quote is $6,910.20. The total cost for the remainder of the Florida Bullet Quote is $64,495 compared to two other options of $90,385.75 and $66,711.65 as shown in the attachment price comparison table. FUNDING SOURCE Funding is available in account #s: 001-2111-521-52.20 and 001-2115-521-52.19. RECOMMENDATION The Police Department recommends approval. r~ s ~ ~- ' , d+ h '~ ~~ , ", ~ ~ ~ I tll ' ~" ~ '~ «. - ~.., ... m, I "~ _.W ~~. _ f ~,~ ~ ... ~ ~ u i pp II N ~ ~i.,. Y ...... 9..... p .~.~.~. A~ IL~~. ., . '~ ~ her ~,... ' ~ ~. ,.,A' .. . q Vp~' yy~!++!w^r~M1. I I .~I WwC ~U.« ~ I~.. "4 ~~~I~~ ~~ , W. . N ~ .~. d ~ ~ ~`. ~..e"P ~. . ~,. ,~Y .~^ '+~ gp pp gg ~~ µp ~p pg.yw ~e, Iel'.~ ~ p ` a .. ~ w. .., ~. ~.., ...... ~'xiJ' .®. ~,. ~. ~ 8~.... N""~I II ~. ~~ ~~. S °p~ µy .. ~^ry ~r' ~~~ W, NI y'4.,F' .d'4,.. '~ p~ry .w,A'~.PI tl ., S .. ~ ... d^h I rN "Xr u.~~ w~, ~ I M , ~ " ~ w A W ... d~"M1.~ ~r"'N, ~y~. ..«m~ re. ~ d[• ~ 1 M+wd 4 ~ ~. - ~ w W ~ ~p. p II} p~ ~y~ M M.+n Ak ~. ~ ...., .. I G ryM.,J ~ 4 ~ V 1. _i~ i ~ ~.,i h y e e~ m.... RF,.F r ~. '~ ~mu III .. ~. ~ F i ~. Aw,Y V.. -i I w ~.... . I.. '.. ~. ~ I I µµ' ~. 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CC U ~ W O a m O C ~ ~ W N m C C +' ~ U O W a 0 C O C N W a 0 0 ~ C N W a 0 C 0 cn N p U ~ W 2 cn U U ~ cn rn U ~ cn U ~ m Ol ~ N (O 00 M ~ W M M I.fI N Q ~ ~ O O O O O O O O LfI LfI LfI O O O c-I c-I c-I N N N LfI LfI r-I r-I r-I - r ,,,I ~- A -~ ,~ ,~ O O O O O N O O ~ O ~ O ~ c-I c-I r-I i/~ i/~ I~ O O O u'I O rl O ~n p p ~ I~ ~ ~D N ~ O ~ ~ M ri ri ri ri ~• p• p• 'u1, 'u1, 'u1, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci ci ci ci ci ci O O ~ O rn ~ O ~ ri O Sri I~ ~ ~ Ol M c-I M N N N N N N i/~ i/~ i/~ i/~ i/~ i/~ ~ - ~ ~ C7 ~ s ~ a, a rn o • s y ~ _ O 00 ~ Q- ~ = ~ U U = _ . _ ,a m ~ •v ~ ~ ~ i0+ a ~ v v~i c°~ a c°n~~ s ° O a . U O i O N a ~ ++ N Q ~i ~ ~ ~ a ~ _ 00 M 00 m ~ Q c-I 00 0 N Q. a U~ a W M ~ m 0 M ~ N V N ~ o , ~ = GOd , ~ _ ~ U m Z oo >V ~ t ~ 3 ~ ~ ~ z C7 ~ ~ '^ a, s s ,_ s~ J ` C ~ C ` G/ O ~ o -a O o ~H ~ O Q O ~ N m •- ~ a N . ~ S U _C ~ _C S U a ~ a a a ~ ~. ~ . a a N ~. L W W ~ C C W W C C ~ L ~ ~ ~ L i.+ ~ ~ c~i1 ~ ~ c~i1 ~ ~ ~ U v = s U 3 a~ U ~ O ~ O ~ 0 M M O M N ~ ~ ~ O N I I s LfI LfI LfI LfI LfI LfI U f6 N d - r ~- A -~ ,~ i W AC1lANVT TECHSYST'E~S September. 16, 2010 To Whom It May Concern: AlliantTechsystems Inc. Te1770-505-4104 93 Lakeview Trail Hiram GA 30141-4405 Florida Bullet (and no other) is assigned the State of Florida as it's Primary Sales Area and is the only Sole Source Distributor for the purchase of ATK Law Enforcement Related Products within this State. ATK is the manufacture of the products listed below and does not sell directly to government agencies within the State of Florida. Florida Bullet represents and receives special pricing for the following brands for ATK: • CCUSpeer, Blazer, Lawman, Goid Dot, Clean Fire, RHT (frangible) Ammunition. • Federal Ammunition Products • Outers Gun Care Products • Gunsiick Gun Care Products • Speer Force-on-Force Marker Rounds • Eagle Industries Soft Goods • Biackhawk! Tactical Systems Florida Bullet Inc. 1220 Rogers Street Clearwater, FL 33756 Bus: (727) 461-60$1 Bus Fax: (727) 441-4477 E-mail: tf3@floridabullet.net Web site www.floridabullet.net If you have any questions, please feel free to contact the undersigned. Best regards, ~~~ ~~~ Steven Jenkins Law Enforcement Specialist Phone 770-505-4104 ATK Ammunition and Related Products FEDERAL • CCI • SPEER • RCBS • OUTERS • WEAVER • RAM-LINE • SIMMONS • ORBEX • REDFIELD MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 4, 2011 SUBJECT: AGENDA ITEM 8.Q.4 -REGULAR COMMISSION MEETING OF MARCH 15, 2011 PURCHASE AWARD/SENSUS METERING SYSTEMS ITEM BEFORE COMMISSION Approve a purchase award to Sensus Metering Systems in the amount of $241,500.00 for the purchase of small water meters. BACKGROUND The Public Utilities Department requested annual funding for the replacement of aging water meters with current year's budget allocation at $500,000.00. This award is for purchasing 3/4-inch and 1-inch size water meters. Most of these meters are approaching 10 years or greater in service life, thus have exceeded the manufacturers' recommended total metered flow for metering accuracy. Due to their age, inside components have deteriorated to the point where maintenance and service is no longer an option. Since their metering accuracy has diminished, there is the potential for loss revenue. Sensus Metering Systems is the City's current vendor for water meters. This request is for water meters of the following quantity and size; 1,000 - 3/4" iPerl water meters at a unit cost of $100.10 each, and 1,000 - 1" iPerl water meters at a unit cost of $144.40 each, totaling $241,540. Per our active quote with Sensus (#18675, page 5 and 6), these meters are originally $107.25 (3/4") and $156.00 (1") per unit. This bulk purchase offers the City flexibility during installation, as well as discount pricing vs. ordering smaller quantities. The Sensus line of iPerl meters offers more flexibility than the previous models in terms of adaptability when considering various AMR technologies for future planning. Sensus Technologies, Inc. was given a purchase award in January 1998 for purchase of small water meters and touchread assemblies using a City of Cape Coral bid. The City now considers Sensus to be a sole source provider for maintenance and compatibility reasons. FUNDING SOURCE Funding is available from account account #442-5178-536-61.81, Water and Sewer Renewal & Replacement Fund/ Water Meter Replacement Program. RECOMMENDATION Staff recommends an award to Sensus Metering Systems in the amount of $241,500.00 for the bulk purchase of 2,000 small water meters. Page 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com ~JA~~M~iN~~il ~~1iFll3~i~M4 I' 1' i~ I~ l~',,a!~~,; l IYIr l:ii' ~i1 il' I1~,l~a,hfi~' Bill to Customer: 196350 ATTENTION MR SCOTT SOLOMON DELRAY BEACH CITY OF 100 NW 1ST AVE DELRAY BEACH FL 33444 Salesman: METER ANNELIESE Terms: NET 30 DAYS Line 1 2 3 4 5 Description USA Part#: 5756596471907A METER 3/4"S SRII TRPL 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/6' WIRE, SENSOR & HOUSING W/7.5" LL Part#: 5756596461904A METER 3/4"S SRII ECRWP 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/7.5" LL, W/25 WIRE Part#: 5750896471902A METER 1" SRII TRPL 1000 GALLON 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/20' WIRE, SENSOR & HOUSING Part#: 5750896461912A METER 1" SRII ECRWP 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/25' WIRE Part#: 5081095571901A METER 1-1/2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE, SENSOR & HOUSING QUOTATION Your Quote Number: 18675 Reference: Ship to Customer: DELRAY BEACH CITY OF 100 NW 1ST AVE DELRAY BEACH FL 33444 Effective Date: 9/01/10 Expiration Date: 3/31/11 US Dollar Quantity U/M Unit Price 1 EA 96.340 1 EA 96.340 1 EA 116.100 1 EA 116.100 1 EA 249.210 Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 6 Part#: 5081095561902A 1 EA 249.210 METER 1-1/2" SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/25' WIRE 7 Part#: 5081295571901A 1 EA 349.750 METER 2 SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE, SENSOR & HOUSING 8 Part#: 5081290571901A 1 EA 349.750 METER 2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/20' WIRE, SENSOR & HOUSING 9 Part#: 5081295561902A 1 EA 349.750 METER 2" ECR/WP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE 10 Part#: 5081290561902A 1 EA 349.750 METER 2" SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/25' WIRE 11 Part#: 002 1 EA 45.010 SR & SRII TR/PL CONVERSION KIT 12 Part#: 005 1 EA 45.010 SR & SRII ECRWP CONVERSION KIT 13 Part#: 5191496031004 1 EA 416.760 METER 3" 125W FIRE HYDRANT DR GALLON, L/COUPLINGS Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 14 Part#: 5171490000061 1 EA 289.270 STRAINER 3" BRONZE, W/CAPSCREWS & GASKETS 15 Part#: 7171890307001 1 EA 775.110 STRAINER 6" BRONZE 16 Part#: 5171890000067 1 EA 597.590 STRAINER 6" DUCTILE IRON W/CAPSCREWS & GASKETS 17 Part#: 5191990031001 1 EA 3,114.400 METER 8" W3500 TURBO DR GALLON, L/STRAINER 18 Part#: 5191990031051 1 EA 4,132.840 METER 8" W3500 TURBO DR GALLON W/DUCTILE IRON STRAINER 19 Part#: 5192090031051 1 EA 5,595.350 METER 10" W5500 TURBO DR GALLON W/DUCTILE IRON STRAINER 20 Part#: 5192090031001 1 EA 4,788.900 METER 10" W5500 TURBO DR GALLON, L/STRAINER 21 Part#: 5390653710028 1 EA 1,039.930 ACTPAK 1100D E-SRS TOTALIZER & FLOW INDICATOR 22 Part#: 510 1 EA 277.500 TURBO/SRH/PROPELLER HIGH SPEED PICK UP ADD ON TO METER PRICE 23 Part#: 504 1 EA 121.890 TURBO & COMPOUND TR/PL ADD ON TO METER PRICE Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 24 Part#: 5390753780001 1 EA 76.510 MULTIREAD MODULE 8 CHANNEL 910-0008561 25 Part#: 53961537520017 1 EA 135.010 MXU 520R TRANSC UNIT SINGLE PORT, TOUCHCOUPLER PIT VERSION, 956 FREQUENCY 26 Part#: 53961537520037 1 EA 141.830 MXU 520R TRANSC UNIT DUAL PORT TOUCHCOUPLER PIT VERSION, 956 FREQUENCY 27 Part#: 5396135252002 1 EA 10.510 TOUCHREAD EXTENSION CABLE 3' FOR M520R, L/HOUSING ILL 89 AMR ACCESSORIES 28 Part#: 53907537490010 6 EA 761.690 40900 AUTO GUN COLOR DARK GRAY 910-0010136 29 Part#: 5390733749001 6 EA .000 AUTOGUN PITPROBE EXTENSION FOR AR4090 ONLY 910-0009448 30 Part#: 5381392161010 1 EA 5,010.560 3" LARGE PORTABLE TESTER 125W RESETTABLE ELECTRONIC REGISTER GALLON PER MINUTE/LITER W/ACCESSORIES, W/ TEST CURVE 31 Part#: T1 1 EA 635.240 METER 1-1/2" OMNI T2 TURBO 32 Part#: T2 1 EA 753.460 METER 2" OMNI T2 TURBO 33 Part#: T3 1 EA 938.900 METER 3" OMNI T2 TURBO Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 34 Part#: T4 1 EA 1,827.900 METER 4" OMNI T2 TURBO 35 Part#: T6 1 EA 3,290.830 METER 6" OMNI T2 TURBO 36 Part#: C1 1 EA 928.200 METER 1-1/2" OMNI C2 COMPOUND 37 Part#: C2 1 EA 1,071.000 METER 2" OMNI C2 COMPOUND 38 Part#: C3 1 EA 1,472.880 METER 3" OMNI C2 COMPOUND 39 Part#: C4 1 EA 2,356.200 METER 4" OMNI C2 COMPOUND 40 Part#: C6 1 EA 4,179.120 METER 6" OMNI C2 COMPOUND 41 Part#: F4C 1 EA 5,947.130 METER 4"OMNI F2 COMPACT LENGTH 42 Part#: F4 1 EA 6,175.900 METER 4" OMNI F2 STD LENGTH 43 Part#: F6C 1 EA 7,915.120 METER 6"OMNI F2 COMPACT LENGTH 44 Part#: F6 1 EA 8,021.930 METER 6" F2 OMNI STD LENGTH 45 Part#: MISC. 1 EA .000 SEE BELOW PARTS TO BE DISCOUNTED 20o FROM CURR ENT PRICES, WITH FULL FREIGHT ALLOWED. ADD ON TO METER PRICE FOR 3 /4" TO 2" SRII & SR FOR RECLAIM - NO DRINK METER P ACKAGE EACH $3.00 iPERL METERS Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 6 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA ~JA~~M~iN~~il ~~1iFll3~i~M4 I' 1' i~ I~ l~',,a!~~,; l IYIr l:ii' ~i1 il' I1~,l~a,hfi~' Line Description 1-8fl0-Meterlt www.sensus.com Your Quote Number: 18675 US Dollar 5/8" 3/4" (9" LL) Solomon@ci.delray PHONE 561-243-730 FAX 561-243-7301 EACH $107.06 EACH $107.25 EACH $120.00 EACH $156.00 -beach.fl.us 9 FULL FREIGHT ALLOWED. FOB SHIPPING POINT. Quantity U/M Unit Price IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE Thank you for your interest in quality products by Sensus. Current as of: 9/02/10 Correspondence: Purchase Orders: SENSUS SENSUS FRED RUSSELL PO BOX 487 7202 POLSTON COURT UNIONTOWN, PA 15401 FAIRVIEW, TN 37602 PHONE: 800-METER-IT 800-638-3748 FRED L. RUSSELL, Regional Sales Manager Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Majtenyi, Victor From: Majtenyi, Victor Sent: Wednesday, March 09, 2011 11:27 AM To: Majtenyi, Victor Subject: FW: Iperl Meters Attachments: image001.gif; Delray Beach. iPerl_config (2).pdf -----Original Message----- From: Solomon, Scott Sent: Wednesday, March 09, 2011 6:43 AM To: Majtenyi, Victor Subject: FW: Iperl Meters From: Meier, Anneliese [Anneliese.Meier@sensus.com] Sent: Tuesday, March 08, 2011 2:08 PM To: Solomon, Scott Subject: Iperl Meters Scott, The following meter pricing will go into effect on your next Iperl order: Iperl - 7 % laying length - $100.10 1" iperl - $141.44 These meters will include a Eft cable with a TR/PI_ attached. These are ANSI/NSF 61 Annex G Compliant Anneliese Meier Sensus USA Territory Manager, South Florida 813-784-5562 cell 800-METER-IT (800-638-3748) anneliese.meier(~sensus.com www.sensus.com acid:image001.gif(~01CBDD9A.457B9460~ 1 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 10, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 CONSIDERATION OF AN APPEAL/ THE ELECTRICAL EXPERIENCE ITEM BEFORE COMMISSION The action requested of the City Commission is to overturn an administrative interpretation by the Director of Planning and Zoning. On February 7, 2011 the Director determined that the rental of sporting goods and equipment currently allowed by the CBD portion of the LDR's [Section 4.4.13] does not include motorized bicycles. The Director's interpretation was appealed on February 22, 2011, by David W. Schmidt attorney for the applicant "The Electric Experience". The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. BACKGROUND The applicant owns "The Electric Experience", doing business at 1047 East Atlantic Avenue. The applicant has not received the required Class III site plan modification to establish the retail business, or an occupation license to operate at this location legally. Further, pursuant to this administrative interpretation, atext amendment to add the motorized bicycle portion of his use needs to be submitted and approved for this site. The appeal is from the Director's response letter dated February 7, 2011; particularly that "rental of sporting goods and equipment (such as but not limited to bicycles, skates, and boogie boards)" is limited to non-motorized sporting goods and equipment only. On March 11, 1997 an LDR amendment to allow moped/scooter rentals in the CBD was denied by City Commission. On April 21, 1998 the City Commission added the category of "rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards)" to the permitted uses of the CBD via Ordinance 15-98. In the body of the staff reports concerning the text amendment both the "LDR Text Amendment Analysis" and "Assessment and Conclusions" portion of the staff report indicates that the types of sporting goods and equipment allowed would be limited to non-motorized items. From this language it is clear the amendment was intended to apply to non-motorized sporting good and equipment only. To include the motorized version of bicycles and/or other motorized versions of sporting equipment would require a LDR text amendment. The applicant raises issues relating to the definition of bicycle supporting the notion that human powered and electric motor assisted versions are both bicycles under the Florida Statute definition and therefore allowed under the existing CBD zoning category. Staff agrees that the definition of bicycle in the Florida Statute [316.003(2)] is inclusive of human and electric power versions. However, the amendment adding this category to the LDR was specific to the non-motorized version of bicycle only (see previous discussion). Even if the applicant is successful in arguing that the lack of specific limiting language in the LDR amendment should infer that all types of bicycles are accommodated, the electric version is not included in our definition of bicycle contained in Chapter 72 of our City Code. The specific definition of bicycle in Chapter 72 is "Any vehicle propelled solely by human power, or any moped propelled by a pedal activated helper motor." Electric bikes are not mopeds propelled by a pedal activated helper motor. Further, in the very Florida Statute the applicant cites there is a clear differentiation between electric bicycles and mopeds. RECOMMENDATION Deny the appeal and require the applicant to submit a text amendment to add motorized bicycles as an allowed use in the CBD. SIMON AND SCHMIDT ATTORNEYS AT LAW 140 NORTHEAST FOURTH AVENUE, SUITE A DELRAY BEACH, FLORIDA 33483 ERNEST G. SIMON DAVID W. SCHMIDT HAND DELIVERED TELEPHONE (561) 278-2601 FAX (561) 2650286 March 15, 2011 David Harden, City Manager City of Delray Beach 100 N W 1 `' Avenue Delray Beach, Florida 33444 Re: The Electric Experience My File No. 7751 Dear Mr. Harden: RECEIVED MAR 15101 ~ CITY MANAGER WEST PALM BEACH (561) 737-8222 ~E~.!E~~~'D MAR 1 ~ 1041 CITY CLERK Our office represents J&M Enterprises of Palm Beach, LLC, d/b/a The Electric Experience. The business is located at 1047 East Atlantic Avenue, Delray Beach, Florida. My client would like to request a postponement of the appeal from an administrative interpretation scheduled for hearing this evening before the City Commission. It is item 9.A. on the Regular Agenda. We are working with Paul Dorling to prepare an ordinance and/or LDR change that will accommodate my client's request to sell and rent electric motor assisted bicycles. We would like to see if we can reach agreement on this before pursuing the appeal. We request a postponement of the appeal to the April 5, 2011, City Commission meeting. l'hank you for ,your consideration in this matter. Sincerely yours, R C David W. Schmidt cc: Chevelle Nubin, City Clerk Paul Dorling, Director of Planning and Zoning Brian Shutt, City Attorney IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the February 7, 2011 Administrative Interpretation by the Director of Planning and Zoning wherein he determined that "motorized bicycles" are not included within the phrase "rental of sporting goads and equipment" currently fisted as a permitted use in Section 4.4.13(B)(3)(a) in the Central Business District {CBD) Zoning District of the LDRs has come before the City Commission on March 15, 2011. 2. The Appellant, "The Electric Experience", and Appellee, through City staff, presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Director's interpretation excluding "motorized bicycles" from the category of "rental of sporting goods and equipment" in LDR Section 4.4.13(B)(3}{a}. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.4.13(B)(3)(a), the CBD zoning district includes the following permitted uses: (3) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). Was the Director's interpretation of the phrase "rental of sporting goods and equipment" as provided in LDR Section 4.4.13(B)(3)(a), excluding "motorized bicycles" correct? Yes No ~.~ .. ~~ [IELRAY BEACH • .. . f ~ ~ iCSO i-€.U°J. ~35€r`1~IF_fyU(.: ~ C)~[..fi~~'i LE~Chi~ F[_~3h'irlr",;53<F~r3 x ~;~il~~~~-7~(3Q All-America City i February 1 D, 2091 ~ sgs Jeffrey C. Lynne, Esquire 200 Weiner & Associates, P.A. 9 Q S. E. 1 ~ Avenue, Suite C Delray Beach, FL 33444 Dear Jeffrey: In response to your letter of December 18, 2D9D, the following is noted: Your assertion that the scrap metal recycling operation is grandfathered is incorrect. That assertion is tied to an argument that the approved use of a junk yard extends to and includes the scrap metal recycling use. While we would agree that junk yard operations include accessory use of auto meta! recycling it does not extend to general scrap metal reoycling. in fact, the LDRs identify these two uses, junk yards and scrap metal recycling as two distinct and separate uses, ~~ fn reviewing the record of business licenses activity for the site, this site has been consistently listed and been granted a junk shop for dealer license only. Your chronology (History of Zoning) indicates in 1977 junk yards (automobile parts and facilities and yards) was listed in the MI District as a permitted use. When the property was rezoned from Ml to I_I in 1984 the junk yard use was not a listed rase and was allowed to continue as a nonconforming use. However, fhe scrap meta! recycling use was listed in the L1 District (not the MI District) at that time. When the property was rezoned to LI the separate use could have been added to the site if the use was requested and approved. Na such record of application or approval has been found. The current zoning designation of MIC does not list either use as a permitted nor conditional use. The junk yard use can continue as anon-conforming use subject to LDR Section 1.3.3. However, as fihe scrap metal use was not legally established and the use.is not allowed under the current zoning category of MIC and cannot be established. Sin rely, Paul Darling, AI Director of Planning and Zoning cc: Brian Shutt, City Atkorney ,.> ~';~~R;~~~~ F~%~~;.~[~j~,4~~,~ ~ ~i~!"C'~GR:~i! E ~P[~t~IS~~I,~ g I~D~iUVI~~'I'~fL ~ ~~l~fs'~V~J~t3~ LAW OFFICFnS WFI~VER & L~TNE MICHAEL S. WEINER JEFF~Y C. LYNNE ICnxn C. T.~ivrs PROFE55IONAL ASSOCIATIOT~1 10 5E In AVENUE DELRAY BLACH, FLORIDA ~~4,44 '1`ELEPHpA1E (361) 265-2666 FA.CSIMII,E (361) 27$ ~ 6831 JI,YNNE~ZONEi.Aw. COM W W W.ZpTVELA'4v.COM LAUx~E A. TiCxp~rnsQN,1'.A. OF COUNSEL December 16, 2010 Brian Shutt, Esq, City Attorney City ofDelray Beach 100 N'l~ 1 ~ Avenue Delray Beach, Florida 33444 Re: Annything and Everything Automotive, Inc. Code Enforcement Case Number GV-09-OOI07227 Our File No.: ARNFOa2 Dear Brian: VIA HAND DELIVERY This letter is meant to supplement our prior correspondence of ~u1y 2$, 20'10 regarding Anything 'and Everything Automotive, Inc. ("AEA"} and the code enforcement matter which has been brought against our client with regard to its alleged illegal use of their property, located at 1865 Dr. Andre's Way, Delray Beach, Florida 33445 (the "Pxoperty"}. Mors specif tally, the City has alleged in Code Enforcement Case No. GV-09-00107227 that our client has been illegally operating a scrap metal recycling operation on the Property without proper authorization and in violation of the existing MROC zoning. A full copy of our 7u1y 2$, 2010 correspondence to you requesting an administrative determination that the scrap metal recycling use is a grandfathered, legal non-conforming use, is enclosed fox your reference. Pursuant to our pxior discussions an this matter, you asked that we pxovide evidence that the use was lawfully established. Unfortunately, neither the City nor our client has records of sufficient age which would demonstrate that scrap metal recycling operations existed on the Property during the time the Property was zoned LI -Light Industrial (the only document in the City's ~.les is enclosed). However, the documentation binder accompanying this letter demonstrates that scrap metal recycling has been inextricably intertwined with auto salvage yards since prior to World War iI. Stated otherwise, one simply did not exist without the other, across the entire country, as a natural accessory, if not principle, use. An affidavit from our client, made under oath, is also enclosed for yout~ reference, attesting to this fact. Upon your receipt and review of the file, we are hopi;ful that you will find that the scrap metal recycling operation in question has been a previously lawful existing use and xnay continue on the Property, to be governed by the City's legal non-conforming use regulations. We believe we have provided sufficient competent and substantial documentation to justify a finding of the establishment of the legal nonconformity. Q:IARNFUD21Letter to Brien Shutt.Dec 76 2D1D.docx ~! a~i~ Brian Shutt, Esquire December 1~, 2014 Fage 2 Upon your review of the foregoing, we kindly ask that a written administrative determination be provided which concludes that AEA's use of the property to include scrap metal recycling may continue as a legal nonconforming use. This will allow our client to continue to operate their family-run business is same fashion which has been conducted on the Property for over 3U years. Very Truly Y JCL:ek `~ - Enctosures Cc: Mr. Frank Arnone (w/enclosures) Michael S. Weiner, Esquire {w/o enclosures) Ms. Ashlee L. Vargo (w/o enclosures) AFFIDAVIT STATE OF FLORIDA CDC]~NTY OF PALM BRACH SEF©RE ME, the undersigned Notary, Tiffany Easley, on this 14f~` day of December, 2010, personally appeared Frank Arnone, who being by me first duly sworn on his oath, deposes and says under penalty of perjury: 1. My Warne is Frank Arnane. I arri the owner of "Anything and Everything Automotive, Inc " ("AEA"} is located at 1865 Dr. Andre's Way, Delray Beach, Florida 33445 ("Property"). 2. Since the late 1970s, the Property was operated as both a junkyard and scrap metal recycling operation. 3. In 1993, AEA purchased the junkyard and scrap metal recycling business from Koehler Enterprises, Inc, including taking an assigtu7nent of the existing lease. In 2004, AEA purchased the Property and continued its operations as always had been operated. Frain approximately 1993 to 2008, AEA leased and operated the junkyard and scrap recycling as a drop off operation. 4. In 200$, in order to benefit the local community and better serve the general public which began bringing smaller items, and not just wholesalers and body shops, AEA leased a portion of the property, which had and has continuously been used for scrap recycling, to Delray Scrap. Delray Scrap has since vacated the Property, solely due to the threat of code enforcement actions by the City of Delray Beach. This vacancy has cost AEA approximately $25,000 a year in annual rent and is a severe hardship to our ability to continue to exist, AEA is nova using the portion of the property previously leased to Delray Scrap for scrap recycling, as it did pxevious to the lease to Delray Scrap. 5, AEA has repeatedly and regularly received a Business Tax Receipt to operate both an Automobile and Parts Facilities Yard and a Scrap Metal Recycling use from the City of Delray Beach. In fact, the City itself has regularly disposed of its unneeded metals to AEA for scrap metal recycling. 7. Automobile and Parts Facilities Yards and a ,Scrap Metal Recycling uses have been inextricably intertwined since World War II. In the case of AEA, one use has not existed without the other since AEA's inception in the 1970's and both uses have existed en and notoriously. ..:= ,~ rank Arnane STATE of FLoxmA COUNTY OF PALM HEACH Sworn to and subscribed before me this ~~ day Of D Member, 2Q10, by Frank Amone, who is personally known to me ar r~h~as produced ~S (C~6~ as identit"iaation. Signature of Publa ~rsr cotien~rssiox ~'n~~ , Stamp Co ssion d Maine and Exp 'on mss: Ftt~3ot~ y PI, tbtry ~~+t~MKL~ '+«++~+~MAIl~iSY1Y a:IARNF002tA#fidavit of Frank Amone.doc f~ ~'~ .I ~ ~~ LJ ,-f~c.~~~L... J r ~' n ,~ i (} f ~~~ f ~~~ Y~ ~ ! .~ ~ ~ . ~, ~ ~~.-~ C., ~ ~~~ ~ ~~~ ~~~-~~2 ~~~ ~ Cam, ,~ ~ ~ ~~~ ~ i ~ r //j'J~ J/JJ ~~,,+~ ~ f f~ d lJ~/V 7lllJ] ~1 e ~~ ~~ ~~. [J ~ `'^` i~`~ I A ~~ f Jn C~ ~.y F I /~ ! C I } '~~ J~ ~ ,1 n e n~I~ SPI-! ~~io, o~OD ~_ ~ ~ Date Received: fo ~f~'~c7 j CITY DF DELRAY BEACH PLANNING AND ZONING DEPARTMENT SITE PLAN APPLICATIQN FOR CLASS I MOpIFICATIONS Project Name; . ,,. Project Address: , . f Applicant's Name: U Address: j 175" .,,,.,~/~ ~ ~ r3 ~ ~,~ u r~ - - .. - --..._ __ . Telephone Number: `~ -• ~ '~ j~ Applicant's Signature: C7wner Name {if other ~ G~'.~;~ ~, t~~ c~rz Date: ~- ~-/rf -c~k( GZ~ ~~~~r:-fzS ~h- Address: Telephone Number: Qwner's Signature: ,,~~ ~ `' ~ ~j~.- Date: ,. ~~ -- c.{~ u 1 ~, ~ ;~z.,~; t~~" I' L~ 4-mot- Zonin~ District: Future Land Use Map Designation: Building Size {Square feet}: Existing Property Use: ~ c~y~ ~ ~ ~ .~ .~- ~- ~ ~ ~ f3'1.~-.L%fi~ r~ri~ ~,d/1._~!~'cs.~'~f/iL' j -, ..,,. Brief Description of Proposed improvements: ~- r,. # - ,,~,' ,C~/f/ (~ !~ ~` ~ ~ (r~C-" cz c~ ~- ~ E'er. f ~t ~%(~ ~%~r~~'i ~.~ c-~,~ #~ ~ t rL~ ~f.c~ ~' uC= ~fv t~~.~cyni ~,~~f ~~ ~~ r-~~. - 2 - ~~~ ~ ~`h ~~s r f~i .trt~~r MICHAEL ~dE~NE~ $~ A~SOCfATE~, P.,~, ATTORNEYS AT LAiN ~~, ~,+~ 1 t} S.E. ~ St Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265w2666 Telecapier: (561 j 272-6831 E-mail; jrnankoff@zanelaw.com MICHAEL S. WEIHER JAS©N S. MANKCFF KERRY D. SAFIER July 28, 2010 LAURIE A. THOMPSON, 0~ COU~[SEL Brian Shutt, Esquire City Attorney City of Defray Beach 100 NW 19}Avenue Delray Beach, Florida 33444 1/ia Hand Dellve Re: Anything and Everl~thfrtg Auto, fnc; Case Number GV-09-Oa~t07227 Ourf=ile No.: ARNFD02 Dear Brian: This letter concerns the above referenced matter with the assigned code enforcemen# case number indicated. This matter has been #abled upon our request, as we believe that conducting a code enf©rcement hearing for this matter is not proper. By copy of this letter, we are respectfugy requesting a ruling by you as the City Attorney that this use is a grandxathered, legal non-conforming use and that thecode enforcement matter be dismissed.. Please see the explanation below. if you would tike to meet to discuss this further, we will be happy to do so at your.convenience. f. Background Anything and Everything Auto, inc. ("AEA") is located at 1865 Dr, Andre's Way, Delray Beach, Florida 33445 ("Property"). In the fate 197Qs, the Property was operated as a dismantling of automobile and parts facility ("Dismantling Business"j as well as a scrap metal recycling operation. fn 1993, AEA purchased the Dismantling Business and scrap meta! recycling operation from Koehler Enterprises, fnc., including taking an assignment of the existing lease. From approximately 1993 to 2008, AEA leased and operated the Dismantling Business and scrap recycling business. In 2004, AEA purchased the Property from its Landlord and continued operations as the Property always had been operated. In 2008, in order to benefi# the local community and better serve the general public which began bringing smaller items, O,WRN~'OQ21Letterto Brian Shutt re pon-eapforming use..luly 2$ 2t}SD,dbc Brian Shutt, Esquire July 28, 2Q10 Page 2 AEA (eased a portion of the Property to defray Scrap Recycling LLC, a Florida limited liability company {"Delray Scrap"). Delray Scrap has since vacated the Property, solely due to the threat of code enforcement actions against it. This vacancy has cost AEA approximately ~25,OOD a year in annual rent and is posing a severe economic hardship to our client. AEA is now using the portion cif the property previously leased to Delray Scrap fc~r scrap recycling, as it did previous to the lease to Delray Scrap. However, AEA would like the opportunity tc~ (ease a portion of the Property for such scrap recycling to another tenant without the threat of code enforcement. Il, History of Zoning According to the records from the City of Delray Beac#~, the following is a summary of the zoning history of the Property: 1 } 1977 The zoning of the Property was Medium industrial ~"MI") according to the City of Delray Beach Official Zoning Map. Please see attached Exhibit "A°', According to Section 3p~15(B)(4} of the City's Code (dated 1882), Automobile and Parks Facilities and Yards was a permitted use in the MI District. Please see attached Exhibit "i6" 2) 1984 The zoning of the Property was fright Industrial ("LI"} according the City of Delray Beach Building Permit #9239. Please see attached Exhibit "C", According to Section 30-14{B}(4Q) of the City's Code (dated 1982}, Scrap Metal Recycling was a permitted use in the G.I District. Please see attached Exhibit ,fps: 3} 1989 The zoning of the property was Ml according the City of Deiray Beach Official Zoning Map. Please see attached exhibit "E„ According the Section 30-15(g}(4) of the City's Code (dated 1982), Automobile and Parts Facilities and Yards was a permitted use in the MI District. Please see attached Exhibit'sg„ 4} 1992 O:tARN~D021l.etterto Brian Shutt re non-conforming use.,tuly282D10,doc Brian Shutt, Esquire July 28, 2010 Page 3 The zoning of the Property was Mixed Industrial and Commercial {"MIC"} according to the City of Delray Beach Official Zoning Map. Please see attached Exhibit "F°', 5} 2006 to present The zoning of the Property is now Mixed Residential, Office and Commercial ("MROC") according to the City of Delray Beach Official Zoning Map. Please see attached Exhibit "G". Thus, clearly both a bismantling Business and scrap metal recycling were permitted uses under previous zoning designations for the Property. The recent rezonings to both MIC and MROC were Ci#y initiated and not the result of actions ofi our clien#. I[I. Legat l~lon-conforming use A non-conforming use is one which was legally permitted prior to a change in the law, but the change in law no longer permits such use. Although not allowed under a present zoning code, anon-conforming use is allowed to continue because it predates the adoption of such new zoning code. See JPiVI InY. Group, Inc. v Brevard Counfy Bd. of Counf~! Co-r~'rs, 8~8 So. 2d 595 Fla. 5t~' DCA 2002). The rationale for allowing non-conforming uses is that it is inequitable for a government to change the permitted use of land when used in a lawful manner before the zoning change, Zoning regulations do not limit the right of a lawful use in existence at the time of the adoption of a new zoning code because doing so would be unjust and illegal, Therefore, to avoid substantial diminution in value o€ property resulting from a change ofi the zoning code, zoning regulations grandfather the continuation of existing nonconforming uses on property. See Lewis v. Cif of pflantic Beach 467 So. 2d 751, 7'54 (Fla. 5th DCA 9985: Grandfathering an existing nonconforming use #o permit its continuation requires balancing the rights of the property owner and the local government. Local governments have to respect an owner's vested right to use land without diminution of its value. As the Fifth District Court of Appeal noted in Lewis: The application of zoning regulations fn restrict an existing use of property, resulting in substantial diminishing of ifs value, may constifufe a "faking" by the governmental agency which requires the payment of compensation under we1!-established principles of consfifutional law _., To avoid these consequences, zoning regulations generally "grandfather" the continuation of existing nonconforming uses on property subject to the zoning classificafi©n. By the same token, therefore, if is reasonable to conclude that the termination of such grandfafhered nonconforming uses may result in a "faking" for consfitutional purposes unless the basis of such termination accords with applicable legal principles, O:IARNFOQ21Getter to Brian Shutk to non-cor€#orming use,Juty 28 ZoiO.doc Brian Shutt, Esquire July 28, 20'10 Page 4 lrt Lewis, the court held that the city was without authority to remove property from grandfiathered status and that the city illegally refused to certify continued operation ofi alcoholic beverage establishment on the property. Florida caselaw unequivocally supports these positions. In Nicholson v. W atf 77 So.2d 632, (Fla. ?950), the Florida Supreme Court held that, where owners had been using their property far a trailer park prior to and at effective date of zoning regulation, which placed the property in category of nancanforming use, authorities were properly enjoined from interfering with continued of property for trailer park. See also Rollison v. Clt of Ke Wesf 875 So.2d. 659, Fla. 3'~ DCR 2004). Furthermore, there is no legal authority stating that a municipality can terminate a grandfathered nonconforming use of property simply because the tenant and operating license holder of the es#ablishment on the property undergoes a change. It is clear that the concept of grandfathered nonconforming use relates to the property and the use thereof, not to the type of ownership or leasehold in#erest in the property. Cii` of IVliami Beach v. Arlen Kin Cole Condominium Assn. Inc. 302 So,2d 777 (Fla. 3d DCA 9974} 1V. Summary The operations of AEA have been and remain a legal non-conforming grandfathered use at the Property. It would be inequitable far the City to limit the righ# cif t#~is lawful use. Our client has already suffered economic -hardship by the loss of a tenant at the Property. Our client should be entitled by law, including the Florida statutes, to cantinas to use the Property far both a Junkyard and for scrap metal recycling. Once again, if you would like to meet to discuss this further, we will be nappy to do so at your convenience. Very truly yours, ~'-''Jason S. Mankaff JSM:ek enclosures cc: Mr. AI Berg {via hand delivery wlenclasures) Mr, Tom Meeteer via hand delivery w/enclosures) Mr. Frank Arnone (w/encfasures} Michael S. Weiner, Esquire (wlenclosures) ~~~~~~~ JUG. ~ ~0~ O;tiAftNFOQ21Letterto Brian Shaft re non-conforming use.July28 209Q.doc ~~~~ ~~~~~~~~ /'7 n / r._.. i ' l ~ s ~ _ .--. ._.........~ . / .~ t I ~_~~ ~ • ~a I I i i i I __ _.... •., ~Y. 1 - • ~ - ---. ~...._. ~' i ~ its t 1 ~--. __~ -- --- -----' r ~ ~ 1 I 1 1 ~ k ~ i ~, ~ ~ '~' ~ r ` ~ i~ ; 4 ` ~f •,r1 •`3 ~ ~ I I~ i ~ 1 f 1 ~ 1- i i II ~ ` } [ ~ • . ,~ ~ .~ '~ ~ ~ - ~i . ~ ~ : ~ .~ ' ~' i ~ 1 i 4~` L .. ^ ~~ Le-) • .1 f ~ • ^• w ,.,.y _ ~ ~~~ ~1 4 P• ~ I (_ .. -_-._ • ~~ ,• ; 1 1 ~' ~ ,r. ~ . " ""~ ) ,,.rya .~.... .k.. .J ti_ 3..3 i~y...»_ . V r _i-..Y rte. V ' _ _.. ....~~-`y i. .._, _ 3 Jim •.`.1 l• ..,5~_._ -! _.~. ~ i '. ~{~...~ J' ..~ _ ._~~~~I ~ ~ +'_.._". , r% ~'~; • ~` 1. ?~ .. ~ f •.~ .. { i .~,,..,. ~ -jl~ ~, i._ f i --jam-- - ,., _ ~._.._ i~_~ ` ' 1 ~ .~ yti_......il~. .' ~~~ r_... .~ :- i { ~ i k ~ r ~ ~ w~~ i y ~ . ,r P• • S ~ • * __ i r ` ~.~ -• 1.~. l~~. ~ ! $: ~ .k } _ i : '{~ - - - ~~ ~ ~ Tv '`} Se, _ 3flw15 iKZ ~iEDILT~I INDUSTRIAL DI5';~C~,+ ~1d~HIG71~~ cc~ii ~~ (A} PURPOSE The MT zoning district is intended to provide an area for industrial, ar manufacturing plants, the operations of which are not, productive of objectionable dust, ,fume$, gases, noise. odors, smoke, or vibzations. {B1 P£RMIT'1'87 USES {l1 Any business cr establishment of a wholesale or service type (2} Appliance manufacturing (3) Assembly of mechanical parts {51 Avtomabi~.e pairst,• body. and repazT shops (61 Bakeries, wholesalE Large scale preparation (7} Beverage processing, excluding beverages with a].crsholic content (8} Boat manuf'acturirig {g} Bottl~.ang works (IOJ Broadcasting studios (111 Building supplies (12) Eusiness offices. accessory to the primary industrial use {13} Cabinetmalcez shops ' J{141 Carpet cleaning facilities ! (I5} Ceramic manufacturing and plaster casting {151 Cold storage ' (17) Concrete products manufacturing, including concrete block and redimix concrete (x8) Coafectianeries, wholesale, large scale preparation (191 Contractprs storage and equipment buildings or ,yards (zo} cosmetic manufacturing (211 custom fiberglass shags (2~1 Dairy processing (23) Dry cleaning plants (24) Dry ice sanufacturing {251 Electronic equipment manufacturing (251 Engraving (27} Equipment and tool rental (281 Exterminator service (T91 Fish procesaiz~g - (30) Food processing {311 Frozep food lockers (3z1 ~raituse manufacturing {33} Garages, parking and storage (341 Giasa manufacturing (351 Kennels, na an-site disposal cf carcasses ~(3fi1 Laundry plants {371 Leather gaols manufacturing (381 Lumbszyar$s {39) Machine shape {401 Meat cutting anct wholesale storage (411 Metal fabrication {42} Millwork (431 Monument and ornamental stone cutting (44} Motion picture studios {45} Moving and storage (46) Perfvme processing shape (471 Pharmaceutical products manufacturing {48} Precision instruments and optics manufacturing (491 Printitsg (501 Public utilities• (517 Publishing (52} Resource recovery plant, in a completely ersclased building {53) Itogfing repazr shoiss {54) Sheet metal shflps (55) Sign painting and manufacturing {55} swimming pool. contractors (57} Textile and clothing manufacturing {58} Tinsmith (59) Tobacco products manufacturing (60) Tay manufacturing (61) Truck terminals and storage facilities {62} Uphols-tery shops and fixrniture rapaix {C3} Welding shops (6A} WhvlesaJ.e afficea and their attendant distri3}ution facilities (65) Yrholesaling, accessory to manufacturing (Sb) Woodworking (CJ CDI~ITIdNAI~ L1 E As prescribed in Sec. 30-21, and after the review of the agglica- tion and plans appuztenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact that tl~e proposed uae ar uses are consistent with good xaning practice, not contrary to the master Plan, and not detrimental to the fsrasnation of public appearance, comfort, con~renience, general welfare. gaud order, health, morals, prosperity, and safety of the City, the following u8e5 may 17e recommended tC the City Cou-nGil as Conditional Vses: (1) Bulk storage, gas and vil (2} Communication and transmisaion facilities (3} Farm supgly stores (4} Fertilizer salsa, excluding anmgnst heaps (5} Natural resource utilities (6} Research and develapnsent facilities {7} Restaurants a.nd Cafes (8}~ Sci'~ntific research laboratories and facilities, including prvduat development and testing (9) Veterinary clinics, na on-site &isposal of carcasses (~.0} Warehouses fnr storage, when acaesspxy~to and located on the same parcel of land as the primary industrial use, including caretaker residence when located within the project (D) LOT DIMEN&IONS AND SITE AREA (1) Frontage X00 ~, (2} Width 100 ft. (~) Depth 200 ft. (4} Axes 20,000 sq. ft, (E ) Hi7IZDIN'G SETBACKS (1) Frnnt 40 ft, (2j Side (interior} 10 ft. (3} Side (street] 15 ft, (4) Rear 15 ft, (F} GROUND FZODR B'CIII~iNG AREA The total ground floor building area of all buildings and struc- tures eha11 nest exceed fifty (50) per cent of the total lot area, (G } TOTAI, F'T.oOA AREA No requirements 75 Rev. 7-27-82 (Ord 44-82~ (H) ~ IN'G T3£IGHT Ha btsildiag or structure shall be constructed to a height exneeding four (4) floors ar tarty-five (45) #eet, provided, hawrver, that where it is d~anatratsd that the nature of the use: requires c,~reater thaw normal apace' hetweeri fleets, the buildiaq or structure may be caastructed to a height of four (4) floors or sixty (60) feet, wham approved ss a conditional use (Sac. 3fl-zl). (T } FARI~I4G `~ L03-DIZIG REGIJLA'1`IO~7S r.,~.,..~, ...r.~- See Sec. 30-IB cad Sec. 30-19 (s3 ,~A~ ~CES See Sec. 3flM17{z) (IC) D~5,~„ ACT B LINES S+ae Sec. 30-1T(J) A landacxtping plan i.n cr~r~forjaancs with chapter 9 , Art . X chewing locatinri. t7tPe. and size of a1.1 plantiage• steal]. he subsaitcad for review and apprava,L'by the Camaniaity Appearance Beard. (M) SIGN5 - See Chapter 9. Art. V~IT (i7) 5~'AI,~RFG~TL~1C~'g (1} Artificial lightiag useCl to • i3.3.wninate the prexaisgs shall be dirt~cted away fra~a adjacent ProPertiea. (2} Within the fatty {~0} Poot front setback, the firmt ten {Yp} feet abu*tiag the street right-of-way shall be used as a laadecapad az~ea. Within this la~adseapsd a~cea, as pavibg shall be allowed except far dziveways arad walkways leading to a structure on the preaai.ses~. Sunh driaeways and walkways chaff bey al].ovred only +whett paitsta of ingress and egress are generally perpendicular tt~ the proper'ky line. 75 Rev. 9-2281 (48-81) m ~ ~ ~, x ~ . A ~ n. ~ 'Yp ~ r ~~ rte" 'D ~ ~~ ~ V~ Q ~i ~ W /`aj~ ! ~} 1 ~ r ~ V + I N 1 3 ~ ~ ~ 1 4~ ~' ~ 1 ~ N o ~ Q ~ ~ ~. w ~; :o T N~ ~ 4 ~ ~ m ~ ~ ~ o 3 ~~ ~,`~ I a © ~Q d s ~` a r r :opy: Est Finance 2nd Building l3ept. 3rd C ustomer N a D a a `r~ 1R V r~ V U l' 2 m D z .~ ~ ~' ~ ~ a ~ ~ ~ -~ ~ ~ ~~ ~ ~ ~ ~' ~ o °a o ,~ Q 7 ro ~ ~ a m a N d ,~~`'',i.J. 1 -~ V a h~ ° c~i' W -.~~~ ~ r~ "' ~ C ro ~'~' / ~ ro EXF1tBt~T i~/'~f7 ~ ~~~ ~~~ Il r ~ f ' 0 ~~ ~ a ~~ ,~ '~ ~. Q. v R Q I ~ .acme ri lCII Name l3Il02-T0/84 O ` ~ V ~ ti m A m ~ ~ ~ _ Ir I~ 1/d r+': -:::__ ~-3 .... s{ ~n .~ ~' .. ~- ~ ~. ~~ .y 1 ----- - -- y -- Sec. 3D-14 LT L1GIiT ZNDU5TTtZAL DISTRICT ~/t~~~~" ff~)j _ ( A } PUFtPpSE J } -- ~ The T12 zoning district ~.s inten@ed to provide sufficient space in appropriate locations for certain types of business, light manufacturing, processing, and fabrication pf nnn-objectionable products. Such useH shall not employ materials, processes, or machinery which cause objectionable ordors, dust, naiee, i'esmes, smoke, gases, ox vibrations, upon neazby or adjacent residential ~. and coYmnercial property. {8} PER (1} i2} (3} (4} (5) (S} (7} f{s} `{g3 (1D~ (11} ' (12} (i3) (14} (15) (16) (17) a (18} ' (19) _ (20} (21) (22} (23) (241 (25) (26} (27} (28} (29} (3C) (31} (32} (33} (34) (35) (36} (37) (3B} (39} (40} ~~° ) .,- ( 43 ) (44} ~ (45) (4b} 5 (47} MIT'!'EI? USES App~,iance manufacturing Assembly of mechanical parts Automobile paint, body, and repair shops Bakeries, wholesale, large scale preparatiexs Beverage processing, excluding beverages with alcoholic content Bottling works Broadcasting studies 8uesineee offices. accessary to the primary industrial use Carpet cleaning facilities Ceramic manufacturing and plaster Casting Gold storage Confactianeries, wholesale, large scale preparation/ Contractor;' storage and equipment buildings or yards Cosmetic manufacturing ~ ' Dairy praceasing~~ Dry cleaning plants Dry ice, manufacturing Electronic equipment manufacturing Engraving EQuipment and tool rental Exterminator service Frozen food lockers Furniture manufacturing garages, parking and storage Mass manufacturing Laundry plants Leather good manufacturing Machine shops Meat Cutting and wholesale storage Metal fabrication N1iJ.lwor3c Motion pi.eture studios Moving and atgrage Pharmaaeutiaal products manufacturing Precision instruments a~nc3 optics ~uanufactuxing Printing Pub lie utilities Pt=blishi~g Rental and sa~.es of modular buildings t A'J J Sign painting and manufacturing Storage of light trucks, up to,,and including twq (2) ton trucks, and light construction equipment not aver twenty- four (24) i:eet long, eight (9) feet wide, and ten (1(3} feet high Swimming pool contractors 'textiles and clothing mahVifactgrinq, To3~acco products manufacturing 'i`vy manufacturing Y7pholstexy shops, furniture repair 71 Rev. 9-2fi-82 (47-92f~ ~4 8) Welding shops 49} Wholesale sales v£fices ~. their attenQant distribution facilities (50) Woadworki,ng (C) Ci3rIDITIONAL VSES As prescribed in Sec. 3d-21, and after review of the appl~,catian and plans appurtenant thereto, and hearing theraan, the planning and 7,onixig Board finds as a fact, that the proposed use or uses ate consistent with good xaning practise, not cantxary to the Master Plan, and not detrimental to the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the City, the following urea may be recommended to the City council as Conditional Uses: (1} Communication and transmission facilities { 2 } Lumtraryarde (3) Natural resource utilities (4] Research and development facilities (5) Restaurants and cafes (fi} Scientifio research labarataxies a,nd facilities, including Product develaprnent and testing . (~f'} Warehouses for storac,~e, wlxen accessary to and located an the same parcel of land as the prz.nrary industrial +use; in- cI.uding caretaker resi.denae when located within the project (D) TOOT BIIKII~T$IOL~S AND 8I2'E AREA (1} Frontage XOQ ft. (2) Width l~0 ft. (3) bepth 2C0 ft. (4) Area 2U,000 sq. ft. (~) ~vsx~~z~c s~~acxs {1} Front 3~ ft. {2} Side (interior) ~,© ft. (3) Side (street) 3Q fit. (4) Rear 10 ft, , {~} GROUlV}7 PLQC}lt ~UILUING Ai~A The total ground floor building area of all b;xi].dings and structu shall not exoeed fifty (50} pe7~cent of the fatal lot area. (G~ xO~AL FLd43R AREA No requS.rements I7o building ar structure shall he constructed tq a height exceeding four (4} #loor5 or forty-five (45) feet, Provided, however, that wl3ere it is demonstrated that the nature of the use xe[iuisea greater than normal spape between floors, t3te building or structure xaay be constructed to a height of four {4} floors or sixty (60} feet, when approved as a conditional use (Sec. 30-21}. 72 Rev. 9-Z9-52 (97-8z} (I } `RING ADID LOAI3IIGG REGULATIONS See Sac. 3C]-18~and Sec. 30-19 (J } WALLS A3ltA FENCE'S See Sew. 3D-1T(I} I X) DISTRICT 84~AR7~ LINES See Set.. 30'-l7 (~) (L} IrA1~TEISCAPINa A landsaapis~g plan in confar~narsre with Chapter 9, Art. X ahaw~,ng ~.ocation, type, and sine of all plantings, shall be su}~msitted for review aad approval Y~y the Cas~unitY Appearance Eoard. (tYs} SINS See Chapter 9, Art. VII2 { 1) All, nperatiana. shall be conducted wha3.ly within a ccaapletely enclosed ]nxildf.r~g, except fox off-street loading, automobile and truck pa=k~q, and storage, ~`~~' when screeerted from view in cani`ormance with Sec. 3@-17(IJ (Z) .. (~? Artific3a3 lighting used to illuminate the Presnimes s3aall be directed. away fxava adjacent properties. (3} W#.thin the thrity (30} foot front setha~, the first ten (10) feet abutting the street right-of-way shall he used as a landscaped Great, Withirs this landscaped axes. no paving sha11 be allowed eacaept for driveways and walkways leading to a structure an the premises. Such driveaayst and walksvays~ shall be allowed only when paints of ingress and egress are generally perpendicular to the property ],~.r,e, 73 Rev. 12-16-Sa C&~-any 119 j 51Z $ :...:~ 5f l ~~~ ~ ~i (6C~-187 ~ 'TR "A" 525 ~ ¢~~P~~ 515 ~ 2 14.E ~•' CON6~tE5S SQUARf~. PHASE, DNE ~I ~ '` 1~a R '~ A` ~.. r ti~`O' u, ~ CONGRESS SCUARE --~ (4&~-IgB,l99) a~y~ ry ~,aa ~ ~~ ~ ~ o `~ - ` p ~' GCI~GRESS ~ ~'p• PARK -~~-~ ° ~-z ~. p ~9~ , J ~~ ~' Y12' 9g+ ~ ~ ~. ~ * ~ W ~ a ~ ~ ~ ! /' + ~ U ( ~ C. r mess 4 ,r,....,~ ..~--. - J ~ '' LAKE'" ~1 ~ t kI~ `~ ~ G ~ ~x ".~~-~ 4 ;~ X44- [9~, X95) ~' ~~~ c zc• ~. r 2ro ' p$a, lt1.TM an ac~1 !3 ^~~ 08 ' i°~R (~;~ 3 tv V EAC PLAT (52-68~ c ~¢ r ~~~. ~~CH~B~T "E" v 13 17 5#i 1 ~ c 6a w ~gx~ _.._ . _ 5iz qTq' ~ E~CHIB~T ~°F3~ is ~"~~s~ ~ ~,~~ a ~'~ N (6t7-t87 ~ ~2 _ ~, TCt•"A`. ~ ` ass . M ~_ ~~ ~.,pa G ~ c ~$~ ~ ` 4 ~~~ P ~~ ~ ~,~ °~ P~ ti94~ CpI~GRESS ~QUAR~ (46-198,i99~ ~ rtizfic'c C. p ,~ ~1_ ~~~,s L A 1'CE (~~~^~ k •~~~ , 5 i ~4' ~~as- • 4 9899) ~a~ 50~ 5os ~~a 507 J i 503.1 ~~ ~ sroR-At~~. 503.2 caNno ~, 0 4. ~ •~ M ~~~ ~ ~ ~ 4 ti Gal ~ MC EY1EN LUM9ER SU8 (38 -1431 , N N W C3 Q U ~~~ ~~ 13.65 A~ ~~~ O N } ;~ ~ n m ...~ r 19 20 EXHIBIT"G" c~ d Wl m Table of Contents 1. Cash for your Trash 2. The Truth About Recycling 3. Auto Recycling Business Last Stop for Old Cars 4. Salvage Yards Thrive in Bad Economy, Recycling Metal, Selling Used Car Parts 5. Evolution of the Industry 6. Tracing ISRI's Roots 7. 5crap's International Journey 8. Equipment of Ages 9. Scrap's Market Story 10. The Regulation of Revolution 11. The Story of Scrap (CD} ~ ~ ~ ; - ~ x ~ ~ ~ ~ ~~ ~ ~ ~ ~- t.+. ~,~ ~, N ~'i y ~ ~ ~ ~ ~~~ ~5 ~ ~' ~ ~ _ ~ ~• V • ~ ~ ~ ~~ ~ ~ ~ ~ E ~ ~ ~i ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~. ~ ~ ~~j 1,1"iyM~, ' 1 ~- ~'' ~` ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~_ ~~ ~~ ~' ~. ~ ~ ~ ~. ~Y '~ ~, r~ ~ ~ ~'" ~ "~ ~' ~ ~~ ~ ~ ~ ~ ~_ ' ~~ ~ ~ ~ ~ ~ ~:.~~,~ ~_ .y ~ ~ ~ ~' ~~ ~ ~~ JJ 1 ~ ~ ~ ~ ~!, ~~ i ~~ ~: ~* ~~- ~. r~ ~- ~' ~o r y ~. ~. i ~` y. ~. ~ ~. ;__.-. 4 d ~~ ~ ~ ~. ~. ~ ~~ .~ ~ ~ ~ ~ ~ - ~'` '~. ~ ~ w ~~ ~ ~Y ~ ~ ~ ~ ~ ~- r,~ ~ ~ ~ r+ ~ ~ ~ ~ ~ ~ ti ~ ~ ~} ~ ~'. ~ ~ ~ p-~ ~ ~ ~ ~ ~ ~ ~ ~ r-r ~"' ~ ,~ ~,~~ ~ ~ ~ ~ ~M ~~ ~ ~ ~ ~~ '~ ~' ~ ~ ~ ~- ~i ~' ~ ,..F. ~ ~;.~ F ~ ~ ~ `"' ` ~' ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~' ~ ~~ N ~' ~A ¢ ~ ~' ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~' ~ ~, ~'~~, r"'~- yam,.,,, ;".,~'` {L3 ~ ~ ~ ~ ~' ~ c "~ ~_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~+ ~` ~ ~* _ ~' ~ ~ `J' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ k ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~d ~ ~ ~ ~ E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~., ~ ~`, t~ rr ~. ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ ti ~'' ~ ~ ~ ~, ~""" rte- ~ ~ ~.r . ~ ~ ~ ~+. a ~.rp. ~~ ~ ~ ~ ~ ~ ~y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~.. ,~ ~ ~ ~ ~ k~ RI ~ ~ ~; `~ ~ _ w ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ The truth about recycling ~ The Ec~~~mist Page 1 of 9 Log #n ~ Subscribe ~ Register ( P4y account r~lgltat & mobile ~ Netiesletters ~ RSS ~ Classifieds ~ Help Monday November 22nd 20I6 Search Home World politics ~. business 8 finance > Economics •. Science & technology Culture Site index Prini edition The truth about recycling As the importance of recycling becomes more apparent, questions about it Finger. Ss it worth the effort? How does it work? Is recycling waste just going into a landfill In China? Here are some answers Jun 7th 2647 IT IS an awful lot of rubbish. Since 1960 the amount of municipal waste being collected in America has nearly tripled, reaching 245m tonnes In 2005. According tv European Union statistics, the amount of municipal waste produced in western Europe increased by 23% between 1495 and 2003, to reach 577kg per person. (So much for the plan to reduce waste per person to 30pkg by 2000.) As the volume of waste has increased, so have recycling efforts, In 1980 America recycled only 9.6°/° of its municipal rubbish; today the rate stands at 32%, A similar trend can be seen in Europe, where some countries, such as Austria and Che Netherlands, now recycle 60% pr more of their municipal waste. Britain's recycling rate, at 27°/a, is low, but it is Improving Fast, having nearly doubled in the past three years. E=ven sa, when a city introduces a kerbside recycling programme, the sight of all those recycling lorries trundling around can raise doubts about whether the collection and transportation of waste materials requires more energy than it saves, "We are constantly being asked: Is recycling worth doing on environmental grounds?" says Julian Parfitt, principal analyst at Waste & Resources Action Programme (WRAP}, anon-profit British company that encourages recycling and develops markets for recycled materials. Studies that look at the entire life cycle of a particular material can shed light on this question in a particular case, but WRAP decided to take a broader Inok. It asked the Technical University of Denmark and the Danish Topic Centre on Waste to conduct a review of 55 life-tycle analyses, all of which were selected because of their rigorous methodology. The researchers then looked at more than 200 scenarios, comparing the impact of recycling with that of burying ar burning particular types of waste materiah They Found that fn 83% of all scenar€os Chat included recycling, €t was indeed better for the environment. Based on this study, WRAP calculated that Britain's recycling efforts reduce its carbon-dioxide emissions by 10m-ism In this Technology tonnes per year. That is equivalent to a 10% reduction in Quarterly Britain's annual carbon-dioxide emissions from transport, or Getting wind farms off the roughly equivalent to taking 3.Sm cars off the roads, Similarly, ground America's Environmental Protection Agency estimates that "The truth about recycling « recycling reduced the country's carbon emissions by 49m Radio silence tonnes €n 2005, Turn€ng surgery inside out Bringing free software Recycling has many other benefits, too. It conserves natural down to earth resources. It also reduces the amount of waste that is burled Are you talking to me7 Taking Storage to the next or burnt, hardly ideal ways to get rid of the stuff, (Landfills dimension take up valuable space and emit methane, a patent offer to readers greenhouse gas; and although Incinerators are not as polluting Home truths about as they once were, they still produce noxious emissions, so telecoms people dislike having Chem around,) But perhaps the most Bubbling under valuable benefit of recycling is the saving in energy and the Seeing the 13ght overdoing it? reduction in greenhouse gases and pollution that result when sharing what matters scrap materials are substituted for virgin feedstock, "If you pnline gaming's Netscape can use recycled materials, you don`t have to mine ores, cut moment? trees and drill for oil d5 much," says Jeffrey Morris of Sound A cool concept Resource Management, a consulting firm based in Qlympia, Robot wars Washington. Recommend (7Z} E-mail Share print Reprints & permissions Advertisement Most commented ' Most rernmmended 1, Ireland and the euro; The Irish problem Z. Immigration in Germany: MuINkulturell? Wir? 3. Israel's settlements: Re-frozen? Q. President Obama and Palestine: Ts America bribing Bibl or blackmalling him? S. Caption competition: Can you write an Economist picture caption? 6, Punishing corruption in India: Taking Licence Raja _ 7. Israel, the United States and Palestine: Fix those borders first 8. Growth: Why Is America so rich? 9. America's budget deficit: Speak softly and carry a big chalnsaw 10. The Economist's digital editions: Same geeky details about our iPad and 7Phone apps Ever the past F€ve days Latest blOg pRStS - AIt times are fiP•1T The era of magical thinking From Remocracy in America - 1 hour 15 mins ago Making headlines with the Imperfect subjunctive From 7ohnson - 1 hour 26 mins ago Tin-eared Tories Fmm 8agehot's notehpok - t hour 53 mins ago Can you write another Economist picture caption? From Newstrook - 2 hours 8 mins ago Needed: a butterfly to still the storm From Charlemagne's notebook - 2 hours [5 mins ago Read all about it From hewsbook - 2 hours 29 mins ago The conservatives' new crush From RemaCCBCy in AmerFCa - 2 hours 40 mins aqo Mare from our blogs» The truth about recycling ~ The Economist Extracting metals from ore, in particular, is extremely energy- The trees have eyes intensive. Recycling aluminium, for example, can reduce ~---tl~----~--~..--w-- energy consumption by as much as 95%. Savings for ocher mater#als are lower but sti€I substantial: about 70°!° for plastics, 60°~ far steel, 40% for paper and 30% for glass. Recycling also reduces emissions of pollutants that can cause smog, acid rain and the contamination of waterways. A brief history of recycling Page 2 of 9 Produtfs & events Stay informed today and every day Subscribe tp The Economist's free a-mall newsletters and alerts. Gnk a-mail newsletters Subscribe to The Economist's Latest artlde postings on Twitter The virtue of recycling has been appreciated for centuries. For thousands of years metal Follow The Economrston Twitter items have been recycled by melting and reforming them into new weapons or tools, It is gee a selection of The Economist's articles, events, said that the broken pieces of the Colossus of Rhodes, a statue deemed one of the seven topical rodeos and debates on recebaok. wonders of the ancient world, were recycled for scrap. During the industrial revolution, Follow The Economist on Facebook recyclers began to form businesses and later trade associations, dealing In the collection, trade and processing of metals and paper, America's Instrtute of Scrap Recycling Industries (ISRIj; a trade association with more-than 1,100 meii16cr companies;. traces its roots back to nhe such organisation faundeci in 1913, In the 1930s many people survived Classified ads Che Cr?at 1]eiiression by peddllnn scraps of metal; rags anti other Items: Iri those days ; reuse and racycfhlg were-often economic necessities. Recycling also played an irr;portaiit li~l~t}t7i-~inir;~ role during the second world war, when scrap metal was turned Into weapons. As Industrial societies began to produce ever- growing quantities of garbage, recycling took on a new meaning. Rather than recycling materials for purely economic reasons, commun€tles began to think about how Co reduce the waste flow to landfills and incinerators. Around 19JD the environmental movement sparked Che creation of America's first kerbside collection schemes, though it was another 20 years before such programmes really took aFF. In 1991 Germany made history when it passed an ordinance shifting responsibiliCy for the entire life cycle of packaging to producers. In response, the Industry created Duales System Deutschland (DSDj, a company that organises a separate waste-management system that exists alongside public rubbish-collection. By charging a licensing fee For its "green dot" trademark, DSD pays for the collection, sorting and recycling of packaging materials. Although the system turned out to be expensive, it has been highly inf€uential, Many European countries later adopted their awn recycling initiatives Incorporating some degree of producer responsibliity. In 1987 a rubbish-laden barge cruised up and down America's East Coast looking for a place to unload, sparking a public discussion about waste management and serving as a catalyst for Che country's growing recycling movement, ey the early 1990s so many American ciCies had established recycling programmes that the resulting glut of materials caused the market price for kerbside recyclables to fall from around $SD per tan to about $3Q says Dr Morris, who has been tracking prices for recyclables in the Pacific Northwest since the m#d-1980s. As with all commodities, costs for recyclables fiucCUate. But the average price for kerbside materials has since slowly increased to about $90 per ton, Even so, most kerbside recycling programmes are not financially self-sustaining, The cost of collecting, transporting and sorting materials generally exceeds the revenues generated by selling the recyclables, and "is also greater than the disposal costs, Exceptions do exist, says Dr Morris, largely near ports in dense urban areas that charge high fees for landfill disposal and enjoy good market conditions for the sale of recyclables, Sorting things out Book your training today wxwTitehlreinin~.tom Lebanon P1inistry of Finance EFMIS World Bank Grant Irrtl Bade Ofi'Iee, Debt Mane gemer,t AdaFsor httn~//~-xrw~cxr_ecnnnmi~t_cnm/nnr~c~/A749~F~ i ~ ~~~~~n, n The truth about recycling ~ The Ee^*~omist Page 3 of 9 griginatly kerbside programmes asked people to put paper, glass and cans into separate bins. But now the trend is toward co-mingled or "single stream" collection. About 700 of About me F[onpnusP°nifne About The Economist Media directory America's 10,000 kerbside programmes now use this approach, says Kate Krebs, Staff 6aoks career app°rtunnies contact vs siEbscribe executive director of America's National Recycitng Coalition. But the switch can make [+] Site fcEdtsack people susp€clous; if there is na longer any need to separate different matersa[s, people may conclude that the waste is simply being buried or burned. In fact, the switch towards single-stream co€lection is being driven by new technologies that can identify and sort the various materials with little or no human intervention. Single-stream collection makes it more convenient far householders to recycle, and means that mare materials are diverted From the waste stream. San Francisco, which changed From multi to single-stream coNection a Few years ago, now boasts a recycling rate of 69%--one of the highest in America, Wlth the exception of garden and food waste, all the city's kerbside recyclables are sorted in a 200,000-square- foot facility that combines machines with the manpower of 15S employees. The $38m plant, next to the San Francisco Bay, opened in 2003, Operated by Narcal Waste Systems, it processes an average of 750 tons of paper, plastic, glass and metals a day. The process begins when a truck arrives and dumps its load of recyclables at one end of the building. The materials are then piled on to large conveyer belts that transport them to a manua# sorting station, There, workers sift through everything, taking out plastic bags, large pieces of cardboard and other items that could damage or obstruct the sort€ng machines, Plastic bags are especially troublesome as Chey tend to get caught in the spinning-disk screens that send weightier materials, such as bolt€es and cans, down in one direction and the paper up in another. Corrugated tardboard is separated from mixed paper, both of which are then baled and sold. Plastic bottles and cartons are plucked out by hand, The most common types, PET {type 1} and MDPE (type 2), are collected separately; the rest go into amixed-plastics bin. Next, a magnet pulls out any Ferrous metals, typically tin-plated ar steel cans, while the non-ferrous metals, mostly aluminium cans, are ejected by eddy current. Eddy-current separators, in use since the early 1990s, consist of a rapidly revolving magnetic rotor inside a long, cylindrical drum that rotates at a slower speed. As the aluminium cans are carried over this drum by a conveyer belt, the magnetic field from the rotor induces circulating electric currents, called eddy currents, within them, This creates a secondary magnetic field around the cans that i5 repelled by the magnetic field of the rotor, literally ejecting the aluminium cans from the other waste materials. Finally, the glass is separated 6y hand into clear, brown, amber and green glass, For each load, the entire sorting process from start to finish takes about an hour, says Bob 8esso, Norcal's recycling-programme manager for San Francisco. Although all recycling facilities stii€ employ people, Investment is increasing in optical sorting technologies that can separate different types of paper and plastic, Development of the first near-infra-red-based waste-sort€ng systems began in the early 19405, At the time Etopak, a Norwegian producer of drink cartons made of plastic-laminated cardboard, worried that it would have to pay a considerable fee to meefi its producer responsibilities in Germany and other European cauntr€es. To reduce the overall life-cycle costs associated with Its products, Elopak set out to find a way to automate the sorting of its cartons. The company Ceamed up with SINTEF, a Norwegian research centre, and in 1996 sold its first unit in Germany. The technology was later spun off into a company now called Tt3"ech, TiTech's systems-more than 1,000 of which are now installed worldwide-rely an spectroscopy to identify different materials, Paper and plastic Items are spread out on a conveyor belt In a single layer, When illuminated by a halogen lamp, oath type of material reFlects a unique combination of wavelengths in the infra-red spectrum that cart be IdentiFed, much like a fingerprint. ay analysing data From a sensor that detects light In both the visible and the near-Infra-red spectrum, a computer is able to determine the colour, type, shape and position of each Stem. Air jets are then activated to push particular items from one conveyor belt to another, or into a bin, Numerous types of paper, plastic or combinations thereof can thus be sorted with up to 98°/° accuracy, For many materials the process of turning them back into useful raw materials is straightFarwardr metals are shredded into pieces, paper Is reduced to pulp and glass is crushed into cutlet. Metals and glass can be remelted almost indefinitely without any loss In qua{ity, while paper can 6e recycled up to six times, (As it goes through the process, Sts fibres get shorter and the quality deteriorates.) Plastics, which are made from fossil fuels, are somewhat different. Although they have many useful properties-they are Flexible, lightweight and can be shaped into any form- httn•//~xnxnxr ar+nnnmiet ~•nm/nnrla/QrJdQ7F.'~ , , rnn rnn, The truth about recycling ~ The Ec~~~comist Green flingers EdEy-runerttseparator Spectroscop4rsolter ~ Ardrm~Aa m,:~mfr 2, Farb lypenfrwtedal refier!s o uni~ae jteNuind f~tme:adir I,AsfrmmgfwvTte sdmbirxmbnoj 1.A~fre~naaJmTSte ttEms,m:drrcgaeffr mafsrri~ff,mekdicng ~ xnsrkagfAslntfe mxxriallrveyhalMy rrprfcraapus7resUam aranu~,rorbe!f one! inj4wedspnt+umand uwrrwycabaft rkaro/tl~exas4ftteam g,~ykyvaA•raw:uem mntli:obtidaatffird ~~ ~ p~~ s® ~~ f 0 4°•e ~q ® 4 4°1 2 Thelskpmsesp~rr ~ ~ q « ~' 46 arQldrrmn;arnin i P i~ m q 0 0~ •a O t1 aFyinnfr~ b ~ rt+ny~chrrrtar LbO O ~° O f/~ •Q ~q ®~a q ~ t O q°~ ,a~ ~ ~ 3.8y~idngd]c: dJ4rr, it ft ~ ^ ~~~~• G~np~sribie fopftAorRrune ~ O 1~ O a itemrjramE5enu7tastrwrn n ~o~a°4 Sovrces~ Titedr, rAe Invraadsf there are many different types, masC of which need to be processed separately, In 2005 less Chan 6°/d of the plastic from America's municipal waste stream was recovered. And of that small fraction, the only twp types recycled In significant quantities were PET and HDPE, Far PET, food-grade battle-to-bottle recycl(ng exists. But plastic is often "down- cycled" into other products such as plastic lumber (used in place of wood), drain pipes and carpet fibres, which tend to end up in landfills or incinerators at the end of their useful lives. Even so, plastics are being used more and more, not just for packaging, but also in consumer goods such as cars, televisions and personal computers. Because such products are made of a variety of materials and can contain multiple types of plastic, metals (same of them toxic), and glass, they are especially dlfflcu#t and expensive to dismantle and recycle. Eurape and Japan have initiated "take back" laws that require electronics manufacturers to recycle their products. But in America only a handful of states have passed such legislation. That has caused problems for companies that specialise in recycling plastics from complex waste streams and depend on take-back laws Far getting the necessary feedstock, Michael Biddle, the boss of MBA Polymers, says the lack of such laws is one of the reasons why his company operates only a pilot plant in America and has Its main facilities in China and Austr€a. Much recyclable materla# can be processed locally, but ever more is being shipped to developing nations, especially China. The country has a large appetite far raw materials and that includes scrap metals, waste paper and plastics, all of which can 6e cheaper than virgin materials. In most cases, these waste materials are recycled into consumer goads or packaging and returned to Eurape and America via container ships, With Its hunger for resources and the availablllty of cheap labour, China has became the largest importer of recyclable materials m the world, The China question But the practice of shipping recyclables to China is controversial Especially in Britain, politicians have voiced the concern that some of those exports may end up in landfiEls. Many experts disagree. According to Pieter van eeukering, art economist who has studied the trade of waste paper to India and waste plastics to China: "as soon as somebody is paying for the material, you bet it will be recycled." Cn fact; Ar van Beukering argues that by importing waste materials, recycling firms in developing countries are able to bul#d larger factories and achieve economies of scale, recycling materials more efficiently and at lower environmental cost He has witnessed as much In India, €1e says, where dozens of inefficient, polluting paper mlEls near Mumbal were transformed into a smaller number of far mare productive and environmentally friendly factories within a few years. Still, compared with Western countries, factories in developing nations may be less tightly regulated, and the recycling Industry is no exception, China especially has been plagued by countless illegal-waste Imports, many o€ which are processed by poor migrants In China's coastal regions. They dismantle and recycle anything from plastic to electronic waste without any protection For themselves or the environment. The Chinese government has banned such practices, but migrant workers have spawned a mobile cottage industry that Is d'€fficuft to wipe out, says Aya Yoshida, a researcher at Japan's National Institute for Environmental Studies who has studied Chinese waste imports and recycling practices. Because this type of industry operates €argely under the radar, IC is difficult to assess its overall Impact. But It Is clear that processing plastic and Page 4 of 9 AdterHsrng info Legel disclaimer Accessibility Privacy policy Terms of use Fieip The truth about recycling ~ The Er ~ -tourist electronic waste in a crude manner releases toxic chemicals, harming people and the env€ronment-the opposite of what recycling is supposed to achieve. tinder pressure from environmental groups, such as the Silicon Valley Toxlcs Coalition, some computer-makers have established rules to ensure that their products are recycled in a responsible way, Hewlett-Packard has been a leader in this and even operates its awn retycling Factories In CaliFvrnia and Tennessee. Dell, which was ante critidsed for using prison labour to recycle its machines, now Cakes back its old computers for no charge. And last month Steve labs detailed Apple's plans to eliminate the use of toxic substances in its products. Far less controversial is the recycling of glass-except, that is, In places where there is no market For €t. Britain, for example, is struggling with a mountain of green glass. It is Che largest Importer of wine in the world, bringing in more than 1 billion litres every year, much of it in green glass bottles, But with only a tiny wine industry of its own, there is little demand for the resulting glass. Instead what is needed is Gear glass, which is Curned into bottles for spirsts, and often exported to other countries, As a result, says Andy Dawe, WRAP's glass-technology manager, Britain is in the "peculiar situation" of having mare green glass than it has production capacity for. Britain's bottle-makers already use as mutts recycled green glass as they can In their furnaces to produce new battles. So same of the surplus glass is down-cycled Into construction aggregates or sand for filtration systems. But WRAP's own analysis reveals that the energy savings for both appear to be "marginal yr even disadvantageous". Working with industry, WRAP has started a new programme called GlassRite Wine, in an effort to righC the imbalance. Instead of being bottled at source, some wine Is now imparted in 24,000-litre containers and then bottled in Britain. This may dismay Some wine Connoisseurs, but it solves two problems, says Mr Dawe; it reduces the amount of green glass that is Imparted and puts what is imported to good use, lk can also cut shipping cysts by up to 4D%. The future of recycling This is an unusual case, however. More generally, one of the biggest barriers Co morn efFcient recycling is that mosk products were not designed with recycling in mind, Remedying this problem may requ€re a complete rethinking of industrial processes, says William McDonough, an architecC and the co-author of a book published In 2002 called "Cradle to Cradle: Remaking the Way We Make Things", Along with Michael Braungart, his fellow author and a chemist, ho lays out a vision for establishing "closed-loop" cycles where there is na waste. Recycling should be taken into account at the design stage, they argue, and aII materials should either be able to return to the so€I safety or be recyGed indefinite€y. This may sound like wishful thinking, but Mr McDonough has a good podigree. Over the years he has worked with companies including Ford and Google, An outgrowth of "Cradle to Cradle" is the Sustainable Packaging Coalition, a non-profit working group that has developed guidelines that kook beyond the traditional benchmarks of packag€ng design to emphasise the use of renewable, recycled and non-toxic source materials, among other things, Founded in 20D3 w€Ch gust nine members, the group now boasts nearly 300 members, including Target, Starbucks and Est@e Lauder, some of which have already begun to change the design of their packaging. Sustainable packaging not only benefits the environment but can also cut costs. Last year Wal-Mart, the world's biggest retailer, announced that it wanted to reduce the amount of packaging it uses by S% by 2013, which could save the company as much as $3.4 billion and reduce carbon-dioxide omissions by 667,DOD tonnes, As well as trying to reduce the amount of packaging, Wal-Mart also wants to recycle more of it, Two years ago the company began to use an unusual process, called the "sandwich bolo", to collect waste material at Its stares and distribution centres for recycling. It involves putting a layer of cardboard at the bottom of a rubbish compactor before tilting it with waste material, and then putting another layer of cardboard on top. The compactor then produces a "sandwich" which is easier to handle and transport, says 7eff Ashby of Rocky Mountain Recycling, who Invented the process for Wal-Mart. As well as avoiding disposal costs Far materials it previously sent to landfill, the company now makes money by selling waste at market prices, Evidently there Is plenty of scope for further Innovation In recycling. IVew ideas and approaches will be needed, since many communities and organisations have set high targets for recycling, Europe`s packaging directive requires member states to recycle 6D% of their glass and paper, SO% of metals and 22.Sa/o of plastic packaging by the end of Page S of 9 The truth about recycling ~ The E~~nomist 2008. Earlier this year the European Parliament voted to increase recycling rates by 2020 to 50% of municipal waste and 70% of industrial waste, Recycling rates can be boosted by charging households and businesses more if they produce more rubbish, and by reducing the frequency of rubbish collect€ons while increasing that of recycling collections. Meanwhile a number of cities and f€rm5 (Including 1Nal-Mart, Tayata and Nike) it tlnes get recycled, honest Epq have adopted zero-waste targets. This may be unrealistic but Matt Hale, director of the office of solid waste at America's Environmental Protection Agency, says it is a worthy goal and can help companies think about better ways to manage materials. It farces people to look at Che entire life-cycle of a product, says Dr Hale, and ask questions: Can you seduce the amount of material to begin with? Can you design the product to make recycling easier? If done right, there is no doubt that recycling saves energy and raw materials, and reduces pollution. But as well a5 trying to recycle more, it is also important to try to recycle better. As technologies and materials evolve, there is room for improvement and cause for optimism. In the end, says Ms Krebs, "waste is really a design flaw," Technology Quarterly Recommend (72} E-mail Share Print Reprints R permissions Want more? Subscribe to The Economist and get the week's mast relevant news and analysis. Copyright ~~~ The Economist Newspaper Limned 261E1. All rights reserveQ. Page S of 9 httn • Ilcxnx>zu arnnnm i afi r~nrn 1`r~n~7 0 ~~`) /I fl'~ ~'7 ~~~ ~~~~~ R ~ i ~ii ~~ ~ ~ ~~~ ~ ~ ~. »~ ~ ~'~~ ~e ~ ~ r ~~ .'~ ~~ ~~~: ~~ ~ ~ ~~ ~, ~ ~ ,~. ~~ ~ ~~ ~ ~° ~ o~~ a it ~ „~ ,Q'~ ~' .. ~ ~ ~~~ ~~,~~ ~ = ,~ ~ ~ ~_ .~ ,~ ~ ~ ~ ~~ ~ ~ ~~ ~. ~ ~ ~ '~~~ ~s ~ f _ _ { PHOTOS Salvage yards thrive in :economy, recycling metal, selling use gar parts : N... Page 1 of 5 {teed r»or~ ~~ ra~lesn~vrs.oorrt PHOTOS Salvage yards thrive in bad economy, recycling metal, selling used car parts By KATY 815HQP Saturday, August 7, 2010 NAPi_ES -When you junked your Ford truck at the dealer, you probably never imagined that the engine could end up in Venezuela. Or powering your neighbor's truck. Americans buy a lot of stuff. When something stops working, we're quick to junk and buy a new one ---- cars, washing machines, microwaves, TV stands. But even junk may have value. In a tough economy, more and mare people are realizing that there's money to be made and saved by selling or reusing someone else's stuff, and they're part of a $54 billion scrap recycling industry, according to the Institute of Scrap Recycling Industries. Some people pick up scrap metal on the side of the road and sell it for cash. Others buy salvaged car parts instead of new ones from the dealer. Either way, it's a sign that our consumer economy is changing. ^^^ A young boy sits in a car seat in a pickup truck wa#ching a towering crane lift the body of a smashed red vehicle. The crane's metal claw grips the red body by its side and the boy's eyes follow it as it sweeps along the concrete ground. The boy's parents stand behind the truck, pulling metal items off the back and throwing them on the mountain of metal. People in the industry call them the peddlers -the people who bring scrap metal to sell -- 1,000 or more visit Garden Street Iron & Metal in Fort Myers each day. As the adults work, the car dangling from the crane comes close to fhe truck with the young boy, stops a safe distance away, and moves back, sweeping stray pieces of metal toward the 50-foot pile of scrap metal. This is William's pile, so named for William Maria, the man who operates the crane. The car in the crane's claw is William's "broom." When it falls apart, he will grab another one. PHOTDS Salvage yards thrive in l economy, recycling metal, selling usE car parts : N... Page 2 of 5 Maria stacks ferrous metals and in the mornings, feeds them into the yard's auto shredder, which can shred a car in 16 seconds. William's broom makes a jarring, screeching sound, but in the din of the scrap yard it's just another noise in the cacophony of squishing metal, beeping vehicles and large, heavy objects thudding to the ground. "People are looking for any and every resource they can get," says Bruce Savage, spokesman for the Institute of Scrap Recycling Industries, a Washington, D.C.-based trade association. "... As an industry we depend a lot on the peddler #raffic _ people who just bring things in.... I fhink the economy has probably had an impact in driving a lot mare people to look to it." Garden Street is more like a compound than a yard, with 22 acres of concrete dotted with large, metal warehouse buildings, 50-foot-high piles of scrap metal and cranes that can reach 50 feet high. Here individuals and businesses bring all kinds of metals you can think of-from aluminum cans and brass bed posts to rebar and steel beams -and sell them to the yard for cash. Then Garden Street sells those raw materials ail over the world. "We're the reverse of most businesses," says Rob Weber, the company's president and son of its founder, Earl Weber. "We coilecf product from the public, paying for them and process it so we can ship it back to the manufacturers." Rob and his brother, Earl Jr., grew up in the business, working in the yard on weekends _ sorting scrap, running the scale or cleaning up. Ablack-and-white family portrait shows the family's kids perched on the hood of a junked car. Throughout the process, customers must show identification, give fingerprints and be photographed along with the merchandise they are selling. This is required by law to prevent metal theft, which has become more prevalent in recent years. Today, the Garden Street yard in Fort Myers takes ferrous and nonferrous metals. Ferrous metals are metals with iron, usually appliances, cars and beams, joists, rebar and other construction metals. They're often brought in by commercial customers, Rob Weber explains. Nonferrous metals include aluminum, capper, brass, and they're not magnetic. Most of the metals are exported, going to India, Korea, Malaysia, Vietnam, Turkey and China, he says. On that particular day, there also was a truckload of American-made vehicle engines heading to Venezuela. About 46 million tons of scrap metal was exported from the United States in 2009, according to the Institute of Scrap Recycling Industries. !n the nearly arena-sized nonferrous building, customers pull up in cars and trucks to weigh their metals. Beyond the scales, employees separate brass by hand and copper PHOTOS Salvage yards thrive in.. 3 economy, recycling metal, selling us- car parts : N... Page 3 of 5 bales line the wall, metal sorted and squished into 5-foot-long rectangles in three classes, ranging from pure and shiny to much darker metal. Near one of the openings in the warehouse's walls, a man with white hair sits at a folding plastic table, pencil in hand. It's 1=arl Weber, the founder of the company, who just tamed $0. Today, he sits at a folding table with a clip board. A jar of hot sauce from the workers' lunch sits beside it. I`very few minutes, a man drives a small forklift onto a scale in front of him to deposit a container with steel far weighing. The businessman notes the weight, subtracts the container's weight and adds it to the total. He's loading two 20-foot-long containers of No. 1 and 2 steel that wi[I be shipped to India. It will weigh 56,000 pounds. "We ship all over the world," he says. "You name it, we ship it." He says it with pride. Ask him when he's going to retire and he'll say "Never." "When you enjoy doing something it's not work," he says, before turning back to his weights and calculations. rr^~ On a recent weekday, a slow and steady stream of customers visited a different kind of scrap yard in Immokalee. This one is an auto salvage yard, and while Garden Street in Fort Myers has became a destination for people starting to sell metal in recent years, employees at M & M Salvage & Used Auto Parts in Immokalee have noticed that more middle class folks are calling for salvage parts than ever before. "Nola Senor Gustavo," says Maria Martinez, who sits behind the high counter at M & M as Gustavo Rodriguez and his son-in-law, Genero Anaya, walk into the school bus- yellow building. It's their second trip of the day to the salvage yard -Rodriguez needs a nut for the suspension of a Cadillac and the last one he took wasn't the right size. Martinez nods, reaches over and opens awaist-high door so Rodriguez and Anaya can pass. They walk through the small offce, past wooden shelves bristling with air compressors, starters and alternators, #hen out a door and into the 5,000-square-fact warehouse. At first the large, open-waNed space looks chaotic, especially to someone who doesn't know much about cars. But look closer and you'll see that the parts are meticulously sorted by type, and each is labeled with ablue-paint pen wi#h the make, model and year of the car it was pulled from. PHOTOS Salvage yards thrive in ' ' economy, recycling metal, selling use ar parts : N... Page 4 of S Engines fine one wall on a long, deep shelf; brake lights dangle from the ceiling and radiators are stacked neatly in rows. The air is thick with humidity and smells faintly of grease. "We`re looking for a piece of the suspension, a nut, that they don't have in stores," Rodriguez says as he walks through the warehouse. "We're here every day for different things -they have good parts and there's a big price difference from new ones. For a motor, you could pay $400 here, but a new one would be $2,000." He pauses beside a beige Cadillac that sits just outside the five-bay warehouse. It has one flat tire, a window down and the Trunk and hood are open. The yard's employee, Tino Avila, works to break down the car, extracting valuable parts and draining fluids before it's put out in the 2.5-acre yard. The men unscrew a nut off the Cadillac's suspension with a ratchet wrench, and #hen venture into the yard's rows of vehicles. They weave through the hundreds of cars in the yard. There are vans, cars, trucks in various stages of disarray, some stacked on top of each other, nearly all with their hoods open and obvious parts missing. It's a car graveyard. They're looking for a Mazda 026 that's out on the lot, because Rodriguez knows that it has another size nut that just might work on the Cadillac he's fixing. When they find it, Anaya kneels down in the weedy, knee-high grass and finds the nut. Rodriguez takes the small greasy bit of metal and wipes it off. Satisfied, they walk back between the weeds and the cars and head back to the yard's office, where Martinez charges them $5. She's been working at the scrap yard for about a year, and it's owned by her sister and brother-in-law, who also own a yard in Naples. Before, Martinez was a receptionist at acabinet-making company in Naples, but now she commutes to Immokalee every day. Mast customers are men who know about cars, Martinez says, and they nearly always come in pairs. She pauses and laughs when she thinks about that fact -how all the men bring a buddy wi#h them. Maybe it's because they're always working on cars together, she says. But there also are people who come to the yard because they don't want to pay full price for parts at dealerships or auto parts stores, Martinez says. She's been seeing more of that as the economy has gotten worse. "We definitely have more people these days," she says. "More who you wouldn't think would be coming in, more and more middle class. They'll call and ask for salvage parts fora 2000." ^~r^ PHOTOS Salvage yards thrive in' ~l economy, recycling metal, selling use :ar parts : N... Page S off' S Back at Garden Street in Fort Myers, a red moving truck pulls into a nearly 40,000- square-foot, metal building. Mike Denski gets out and unloads a random collection of things including extension cords, batteries and aluminum motor parts. Nearby, an elderly woman hauls garbage bags of soda cans and two men unload construe#ion materials from a fEatbed truck. An employee weighs Denski's items and hands him a receipt. Then Denski walks over to an office trailer inside the warehouse, and gets in line. When it's his turn, the clerk asks him far his license, takes his picture and asks him to press his right thumb onto a li#tle touchpad so it can take his thumbprint - al[ required by !aw to prevent theft and collect information in case a theft is reported. Today he made about $60. Denski owns a moving company, M & M Professional Moving, based in Fort Myers and Detroit. About a year ago, when the economy tanked and business stowed, he started hauling scrap metal to Garden Street to earn extra cash. It took him some time to learn what they'd take and how to prepare i# to get the most money, he says, but now it's worth it. Usually he waits until he has about $200 worth of stuff to come, but now he's leaving Florida for Michigan, so he brought the last things today. "I'll collect anything my moving customers are tossing, or if I see something on the side of the road I'll pick it up," he says. It's a common story here in the scrap yard -and i#'s a similar story at auto salvage yards. People scour neighborhood streets on trash night for metal, or search for used car parts instead of buying new ones. Times arE tough, wallets are tight and buying and selling used metal is helping some '; ease that pinch. ~~~~ ©2010 Scripps Newspaper Group -Online EYOlulio~tluslr~ , ~, $ack in the da s when rec clip wasn't even a word in ~ ~ y ~ ~ `F y y g ~, ti~ kr 4 f~ when EPA and OSHA were simply a bunch of letters, an "as ~'' ~. : ' ~ - cammon for scrap firms to handle textiles and ~'ubber as ~~, !~, ~~~ ~ ~ ~" and paper, a former scrap dealer known as Mush abenna ,,,: ,. ,~~ ~~~~'~ ~i publishing an industry newsletter he named Scrt~p,~ge. ~' ' - '' = e , ~; ~ That was 1944. Since then, while some facets o . . e sc,r~i r~ ~ ,~; ~~'~ -r~ ~Y` and recycling industry have remained intact, ta~uch out t p :b ~,_~ ~ , _ ` ~~ ~ ' ~` ~ r has changed-from the types of companies 'nvc~ive ,, to ;~" ~~ equipment they use, to the rules and regula ' s~,tizey nt~YSt~' ~ ~ ~~ . ` s ~~f 4 , ._ x publication Oberman founded has also chap It b 'pan ~` ~ : . ' _ ~; ~. ~ ~ ` ~; its 1948 and, for a few ears in the 1950s it co d~ t~. ~ y ~ 3 a ~ ~~: too, publishing under the name Scrap Age Waslc A~~~'.~t ~ g . ,; was eventually spun off into its own magazine} , ' W '~rt~~ ~ ,~~ year of publishing, Scrap Age has been ' ~ ~dte ~ ~ to ~ ~gc~l ~~ ~ , Processing and Recycling and is now owne n~'t~~irt~i~ ciP ;, , ,1 -;~ Recycling Industries (ISRI) (Washington, D.C.}, x r `` ` To celebrate this half-centu of service to the Indus ~ aiid~ir~~, commemorate the evolution of the scrap business aver ~ : }Y~is~,~..~'-fir running a special series of features thraughaut 1993 ex ~n ~' '~ i{ the industry has been and where it may be going. The • c' ~ `~ follows, for instance, looks at the players involved in scz ~ °~_ and recycling. Next issue, we'll examine the association , represented the industry, and in the May/June issue, the f changes in the international scrap trade. In JulylAugust, ~ ~;a the evolution of plant operations; Septemberl0ctoberwIll 1 1c~~ related to scrap materials; and the NovemberlDecemberIssue examine how legislative and regulatory concerns have change . ,4 ,~ Each issue of Scrap Proces°sing and Recycling in 1993 will also a look back at some of the photos, art, and news that have appeared our pages aver the years. See page 5l for this issue's "scrapbook," which covers 1948 (the first year that Scrap Age was published as a magazine) to 1954, We're excited about our anniversary and the opportunity Co bring you these special series. We hope you enjoy the look back and ahead, and we welcome your comments. Tf there are any specifics you think we should explore in our examination of the industry's evolution, please cal. ar write us. -~'lze Editors .IANUARYIFEBRUARY 1993 F~ ~, ~,.;. • ~~ x ,~ ;~ ~` ~~.~ ~ _ f ~~ .~ 0.,{ ~ .,, ~ ~' ~ ~ ;: ~~. ,~ ~.> LL ~> F7, - , ~•~ks '~~ ~' ~; . ~.. Y- ~-, , ~~ _ ~; SCRAP PROCESSING AND RECYCLING 3~ EPOlutiuaodor~r9 WHO'S PLAYING THE Sr'jr.ce its il~.ccptivra, t1~.e scrap r~ecyclzr~g i~~c~~~stry leas pj~o~~ic~ed alt ira~~all~c~~ile se~~~ice try cv~~xt~alrtaities c~rul the ecrtna;=~i~~. ~L'1"P, ~S Ct j(~0~ rZt ht?Yl% ~~1-L' i~~rllrstr~~'s plct~~ers hab~e clxcrr~.~aec1 ovn.r t1~c1 }~eizr•s crlta` v~~he~-e tl~ey't~e l~e~t~lecl. 38 SCRAP PROCESSING ANO TiECYCIlNG BY Ki`NT KISER Kent Kiser is associate editor of Scrap Processing and Recycting. As the saying gees, change is the only con- stant in life, and the U.S. scrap recycling industry has certainly seen its share of change since its birth in the late 1800s. In little more than a century, the business has grown from the one-man, shoestring operations of its `junkmen" founders to the multi-million-dollar conglomerates of today's scrap recyclers. As the business has grown, the industry's players-encosn passing individuals, recycling companies, and their competitors-•-have changed along with it, The origin of the scrap business is drawn straight from the pages of a Horatio Alger rags-to-riches tale. The story begins mainly with Jewish and Italian immigrants-bard-working, frugal, resourceful entrepreneurs fleeing the tyranny in their homelands and seeking to establish a foothold in their adapted country. In those early days of America's industrial revolution, their feet or a horse and wagon were their transportation, their hands and some rudimentary tools were their equipment, their business was pri- marily local, and their success depended almost entirely on their ambition and shrewdness. In addition to scrap metals, they collect- ed a potpourri of secondary materials, in- cludingpaper, rags, bones, leather, hides, furs, glass, burlap bags, rubber, and more. "Tluough sheer guts and perseverance, they convinced some consumers that this material called `waste' could actually take the glace of much more expensive primary materials," said the sate Sidney Danziger, formerly with Alloys & Chemicals Corp. (New York Ciry) and a past president of the National Association of Waste Material Dealers (NAWMD}-which later became the National Association of Secondary Material Industries (NASM)), which, in turn, was renamed the National Associa- tion of Recycling Industries, an ISRI predecessor organization-eta 1968 ir-dus- Vy meeting, "For all practice! purposes, that was when the secondary materials in- dustry was born. "As they prospered," Danziger con- tinued, "expanding from the peddler busi- ness into small yards and thensnta much larger yards and warehouses, they im- provedtheir methods of sorting and grad- ing, developed mechanized handling operations, constructed laboratories, went into smelting businesses and many other ~IANUARYl~EBRUARY 1983 SCRAP GAME? diversified operations. In this way they produced nature] resources equivalent to a mine aboveground, and not only strengthened the country in war, but in peace as well." Over the years, these founders became the proverbial self-made men, and they laid the foundation for the scrap industry's future. `Although the adversities were many, the foresighted dealer realized that the use of scrap metal was growing," wrote Bernard Landau, a consultant with M.S, Kaplan Co. (Chicago) and a past president of the Institute of Scrap Iron and Steel (ISIS), anatherISl2lpredecessar, in Scrap Age in 1976. "While no one could predict that the industry would reach the size it has, many could see the trend," The People Picture The legacy of these "original recyclers" is still evident in today's scrap recycling executives, who are often the grand- children orgreat grandchildren of the com- pany founder. While retaining the best attributes of their forebears-ingenuity, foresight, perseverance, and com- mitment~modcrn rccyclers have grown light years ahead in terms of formal edu- catianand market knew-haw For instance, although same of the early U. S. scrap snen may have been educated in the Old Coun- try, most arrived with no formal education and no English skills. "My dad's genera- tion never had the time to go to school," notes A. Victor Rosenfeld, chairman of Calbag Metals Co. (.Portland, Ore.). "They worked so their kids could go to school: ' Today's scrap principals, meanwhile, commonly have college degrees in busi- ness, economics, metallurgy, accounting, finance, law, engineering, ar ether related studies. And they've undertaken these studies not justbeeause the topics interest them, but because to succeed in the scrap business they have to know more and wear more hats than their predecessors. After all, the scrap industry has became a global- !y competitive business based on instant communication, high-tech processes, and stringent quality and regulatory demands. These demands have also created a host of new management positions in the scrap industry related to quality assurance, human resources, environmental compli- ance,safety and training, public relations, legislative monitoring, office manage- ment, legal counsel, and more. The addi- tion ofthese new players has brought about know-how. an industry that is more management- and administration-heavy, a trend that seems likely to increase exponentially in years to come as the industry sees more and more rules and competition that require even mare on-staff expertise. As a result of this change, many execu- tives say that they find little time to focus on trading and plant ape'rations because so much energy must be put into concentrat- ing onjust staying in business. Noah Liff, chairman of Steiner-Liff iron and Metal Ca. (Nashville, Tenn.) and an ISIS past president, says that .his firm's executives devote approximately 35 percent of their time to addressing regulatory compliance and other "nonproductive" issues. "The only thing we get out of these activities is that we get to come to work on Monday," he notes. Sandy Cortopassi, president of Overland Metals Inc, (St. Louis}, echoes Liff's comments; "In many instances, to- day'sscrap executives are forced to spend too much time behind a desk and not enough time in the plant seeing what's coming in and going out" The industry has also became more equipment-heavy over the years, which has boosted the technical demands of plant em- ployees. "Plant workers are much more skilled than they were before," notes Fred Berman, chairman of $erman Brothers Iron & Metal Co. (Birmingham, Ala.} and a past president of ISIS. "They have to knew more about machinery and opera- tions." It's not uncommon, far instance, to find plant managers with engineering degrees, and even entry-level plant em- ployeesmust usually know how to operate a computer, as well as several types of automated processing or handling equipment. The industry's mechanization trend has also vastly increased the processing capac- ity of most companies, while, at the same time, reducing the number of plant em- ployees needed to process a ton of scrap. That doesn't mean, however, that scrap companies tend to have fewer employees today than yesterday. As Berman Hates, "If you're handling so much more scrap, you need more people:' The Changing Corporate Roster Looking beyond personal and personnel changes, the scrap industry has also been transformed on the corporate level. The I940s editions oFScrapAge contain ads of many firms that are still operating today. Some of the names have changed, some companies have added or closed plants, and some have changed their focus to be- come specialists in a particular type of scrap. What counts, however, is that many of the companies are still ticking. Thou again, these old Scrap Age ads are a memorial to companies that have long since closed, While the scrap business is larger now in terms of tons processed, capital invested, and revenues earned, it is essentially unchanged in terms of the num- ber of companies operating. As a result, many of today's scrap firms have had to grow larger internally to meet increased JANl1ARYlFEBRpARY '1JJ3 SCSiAP PRpGESSING ANp fOEC~'CL1NG 37 Etrotu>rION demands, Concurren#ly, there has been a reduction in the number of small scrap operations. Ir1 the early days, "there was a small dealer amyglace there were a Few stares together; says Lee Hurnnrelstein, chairman of Hummelstein Iron & Metal Ca. (Jonesboro, Ark.). That is no longer the case, of course. To track this change, simply look back to ISIS membership records of 1968, which provide a representative picture of the fer- rous side of the industry at that time. The records show that virtually all ISIS members-1,146 nut of 1,176, or more than 47 percenf-were small firms, grid a sim- ilar situation seems to have existed at NAWMD, whielr was primarily comprised of nonferrous and nonmetallic recyclers, ~~ Compare that imposing percentage to ISRI's current roster in which small companies-those with annual grs3ss sales of $S million orless-account for just 62 percent of all members. This reduction can 6e traced to three factors: attrition, buy- outs, and growth of small firms into nud- sized firms. Meanwhile, mid-sized and large scrap companies continue to represent a larger propartionoftheindustry'splayers. While mid-sized firms-those with the eq~.tivalent of $5 million to $20 million in annu~~l gross sales in tada~`s market terms-accounted for a little more than 1 percent of ISIS's members in 1468, they now claim a 2S-percent share of ISRI members. And large companies-those with annual sales of the equivalent of today's $20 million or more-made up only 1 percent cat ISIS members in 1968, but account far 13 per- cent of current ISRI members. Yet ar~omeh~~~~ et Nally I~~ge >i ~.~~ w~. cor~orautl w clay not ~l;l~ ~ " ~,~_ ~~ Many industry leaders expect the future to favor large and small scrap businesses rather than mid-sized operations. Why? Because large and small firms axe often better able to survive today's wildly vola- tilematkets, fiercecompetition, and steep regulatory costs. Mid-sized eontp~anies must compete against both large and ;small companies while lacking the financial resources of the farmer and caxxy;ing a heavier operation and compliance bu rdcn than the latter, The likely result? Large companies will get Iarger, nrid-sized firms will dwindle, and small dealers will be de- ftnedmore and more solely as suppliers to the large players, "Recycling operations will either be large and take in everything in .the market or they will be very small recycling centers;' predicts ISRI President Arnold Lachman, president of Lachman Metals & Recycling Co, (Fort Worth, Texas). "Things will be very tough on the medium-sized operators:' The ~~Conglomerat+on" Of the Industry While large, multiplant scrap companies certainly existed in previous decades, as the figures above demonstrate, they have become more dominant in recent years. Some metallic scrap firms, far example, are now large enough to serve as the excIu- sive brokerlsupplier for some mill con- sumers. These scrap conglomerates draw their material from their own numerous satel3ite plants, as well as from other in- dependent smallandmid-sized scrap com- panies. Same large companies, in fact, maintain scrap processing and recycling operations an-site at some of their con- sumers' operations. To wit: Tube City Inc. {Glassport, Pa.} processes scrap at three U.S. Steel mills. On the nonferrous side, OmniSaurce Corp. (Dort Wayne, Ind.) operates an aluminum processing facility at the Nichols-Homeshield rolling mill in Davenport, Iowa. And IMCO Recycling inc. (Irving, Texas) is building an alumi- num recycling facility next to ]3armet Aluminum Corp: s {Akron, Dhio) rolling mill in Uhrichsvi]le, Ohio. Another notable development over the years-in the ferrous side of the business, at least-has been the trend away from brokerage-only firms and toward brokers/ processors, the latter of which are said to have advantages in the market over the former. As Michael Strauss, fvr~nerly executive vice president of WLCD Trading Inc. (Lake Bluff, Il:l,), observed in a 1976 Scrap Age article: "The brokerage houses that have their own preparation plants, and therefore can control their own scrap, are in a much stronger position to demand a greater share of the business at a steel mill than those that must rely on other people to fill their commitments." In the paper business, a higher propor- tion of pure brokers have survived through the decades, though the signs ahead are mixed. One positive in the outlook for paper stock brokers is that some mill con- surnersare bolstering brokerage firms by signing long-term purchasing contracts for raw material In addition, many small- scale brokers have emerged in the busi- ness, As one industry source observes, "the least capital-intensive way to enter the brsiness is through the brokerage end be- eauseyou don't need to buy a baler, fork- lift, or truck:' In general, however, paper executives say that large pure paper bro- kershave lost ground in recent decades. A few integrated forest product companies, in fact, have opted to establish their own in- ternal brokerage divisions. Also, paper sources say, some scrap paper generators require a Ievel of service that pure brokers can't provide. Yet another trend has been tyre acquisi- tion of many large scrap firms by Large for- eign corporations whose main interests may ar may not lie in scrap recycling, David J. Joseph Co. {Cincinnati) was one of the first to go overseas, selling its apcr- ations in the mid-1970s to SHV Holdings N.V. (Utrecht, Holland). In the past de- cade, this trend has picked up speed, as these examples Shaw: )1.G Haniel GmbH (Duisburg, Germany) acquired Steelrrret Inc. {McKeesport, Pa.); Simsmetal Pty Ltd. {North Sydney, Australia} claimed I.MC Recyclers (Richmond, Calif.}; and Attwaods Inc. (London) boughtMindis In- ternational {Atlanta}. These acquisitions have truly ushered the industry into the world of "megabusiness," as can also be seen in the number of scrap giants that are now publicly traded. The independent scrap paper business has been undergoing a similar acquisition trend, though most of it has been domes- tically based. Waste-hauling corpora- tions-and some paper miIIs---have been expanding their role and presence by pur- chasing many of the largest private paper recycling firms. To note two: In 1990, Browning-Perris Industries (Houston) acquired ACCO International Inc. (Houston}, reportedly the Southwest's largest independent collector and praccs- sor ofscrap paper, while Waste Manage- mentInc. {OakBraok, Ill.) bought Durbin Paper Stack Co. Inc. (Miami). There are both pray and cons to this trend, scrap executives say, On the one hand, the acquired company can benefit from the financial strength and market position of ifs parent, which can enable the scrap firm to expand its presence in the business. In addition, being part of an in- S$ SCRAP PROCESSING ANb 1 3ECYCLfNG ~1RNUARYIFEBRUAAY 1993 t:YOwifow ternataonal corporation can give the ac- quired company mare access to and per- spective on international market information. On the other hand, the bought-nut firm might find itself bled to bolster a financially troubled parent com- pany. And, some reeycIers note, the "con- glomeration" ofthe industry is making the business more impersonal. "With some customers, I don't know who I'm doing business with anymore," one scrap execu- tive says. "The personal touch is damn near gone:' Will this buyout trend continue? Cortopassi says it's waning because inves- torshave "better places to put their money for a return" and proposed U.S. tax re` forms could discourage foreign investment in U.S. companies. Branching Out Another development in the industry has been the diversification of scrap companies into related as well as unrelated businesses to gain mare stability and remain competi- tive in the ever-volatile scrap market. Theseventures encompass processing new commodities, railcar leasing, new steel sales, aluminum smelting, environmental and management consulting, barge and truck services, foundries, real estate, and more. I, Waxman & Sons Ltd. (Hanulton, Ontario), for instance, has forged apart- nershipwith BFGoadrich Co. (New York City) to recycle virryl and other usable resins in wire_chapping residue. Mean- while, Siexra Iron & Metal Co. (Bakers- field, Calif.) established an equipment distribution subsidiary named SieFra Intex- national Machinery in 1988. And last year, this subsidiary expanded its scope by forming a joint venture with Consolidated Resources Inc. (Columbia, Md,) to market computer hardware and software for the recycling and waste management industries. in other instances, Cohen Brothers loc. (Middletown, Ohio} joined with Agrenu Inc. (Cincinnati) to launch Middletown Composting Co., which produces up to 15,001? tons per year of humus From yard debris, paper mill residues, and food- stream byproducts. Also, Axel Iohnson Metals Inc, (Lionville, Pa.) and Titanium Metals Corp. (Denver) have formed Titanium Hearth Technologies, a joint ven- ture dedicated toadvancing titanium hearth melting technology. And in one of the more colorful examples, Alter Trading Corp, (Davenport, Towa}used its expertise in the barge line business to enter the world of riverboat gambling. Alter's offshoot com- patty,named CasinaAmerican, leases two 2q0-foot paddlewheelers and one barge, which offer slot machines, blackjack, roulette-the works. "If we think we can continue to only process scrap materials, we're going to be in trouble," Liff says. "We can't limit our vision to that:' Why? `Because today," he explains, "the volumes of scrap are com- petitive, margins are low, and ertvironrnen- tal costs are extremely high, so we can't count on making a living exclusively on scrap. We must go into something else allied to it:' Liff knows what he's talking about Steiner-Liff has operated busi- nesses related to textile fibers and nonwoven felt pads, automotive sound- proofing, waste hauling, low-level nuclear waste processing and disposal, battery manufacturing, and new steel sales. family Ties Despite the massive changes in the scrap industry, one proud tradition that persists is the family ownership of many companies-perhaps a higher percentage than in any other industrial business. Many scrap companies, in fact, have beenpassed from generation to generation for more than IOp years. As the late Edwin C. Bar- ringer, who served as executive vice presi- dent of ISIS, wrote in 1947's The Story of Scrap: "The honorable tradition of the scrap industry is exemplified by scores of fine old houses, some of them boasting of a continuous record of business of mare than 75 years, which have served their communities well and have achieved and maintained an enviable standing with their fellow citizens-which after all is the acid test: ' Nevertheless, the number of family owned scrap companies is dwindling. In some cases, a scrap executive may not have any children or other relatives who can- or want to-take over the company. "Marry young people see what their parents and grandparents went through to succeed in this business, and they see a better way to make a living;' Hummelstein observes. As a result, many firms have sold out, folded, or passed control to nonFamily professional managers. Soxne executives claim, however, that the current generation of scrap descen- dants is showing a newfnundinterest inthe business. One would think that the im- posing environmental and economic challenges facing the industry would dis- suade would-be scrap leaders, prompting them to pursue other careers. But as Cor- topassinotes, "Being a doctor of a Iawyer isdt all that attractive either anymore." Still, no one denies that the next wave of scrap executives will face serious times. "The current problems are tough and will require very strong management skills to resolve," says Liff. For those who take up the challenge, however, "the success is going to be beyond anybody's wildest dreams," asserts iSRI Executive Director Herschel Cutler. "The way to make itis go- ing to be through change:' The Gor-elrnment! Waste•Hauiing Challenge When asked to identify the "industry" players that have affected the scrap busi- nessmost in recent years, recycling execu- tives answer in unison, "government and waste haulers: ' Without a doubt, govern- ment has disrupted the scrap business by imposing recycling goals and mandates. These measures have dragged dawn same scrap markets and opened the door for both municipalities and waste-hauling compa- nies to potentially compete in the scrap recycling business. Thus far, mostmunicipalitiesend waste companies have focused simply on collect- ing postconsumer recyclables through curbsideprograms, processingthematpri- vately orpublicly owned material recovery ~~ It we're I~r~~ .~. warns, ditiQiG~p~#B$ ~uµr ` wig ' `get Mr ail .~W facilities (MBEs). 1?ventually, however, they could vie for traditional industrial scrap, particularly if flow-control mea- sures are implemented in certain regions. "lf we're not careful," Hummelstein warns, "they'll get into all facets of the business" Harvey Alter, manager of the resources policy department at the iI.S. Chamber of Commerce (Washington, 40 SCRAP PRCCE$$I~}G RND REGYCLiNG ,IANUAFtVlFf6RUARY 1993 Finally! Plastic Identification Kit X903 for Recyclable Thermoplastics Because Ali Plastics Are ~ Created Equal! Fenner & Associates, Inc. Makers of WAITlTM Affoy Identification Kits 7303 Springslde ~ Houston, TX 77040 (713) 937.8977 2BO on &CAAF' Action Card DENVER THOMAS Molybdenum Manganese AUTO SHREDDER REPLACEMENT PARTS Experience the DENVER THOMAS DIFFERENCE ^ `Low Profile' hammers ^ Discharge grates ^ Cutter bars and anvils ^ Rotor caps and spacers ^ Sideiiners 26f on saR~p ^ Reject doors ;/ Breaker bars Action Card For more Informaaon contact" DIrNVER THt7MAS, ING n P,O, 9aoc 8e BUm AL 35201, USA 7N: 5098600 Fnc: 2D5 59&6610 Tdl Free: t-600~T67-6aT7 Ivawrla>rl D.C.},agrees, describing the scenario this way: Municipal officials could eventually find themselves falling short of mandated recycling goals, so they will start counting white goods, spent cars, construction and deuialition debris, and scrap asphalt in theirlistofrecycledmaterials. "Intrusion rota the scrap business is the next step after that," Alter asserts. Adding Lo these com- ments, Berman says, `•`You have to watch everything that the county, state, and fed- eral governments do. You have to make sure they're not putting scrap processors under impossible restraints or legislating them out of business:' To counter this possibility, Alter sug- gests, scrap executives must convince government officials to work with existing private recyclers, and even form partner- shipswith waste companies. Before deal- ing with government agencies and waste haulers, however, scrap executives must learn one important lesson: They may need to adapt to anew method of doing business-namely, charging to hand]e certain recyclable materials rather than paying for them. Waste-hauling corporations--and government recycling goals-have already had a drastic effect on the independent scrap paper industry. It's not news that the vast volumes of old newspapers collected by waste fn-ms thznugh municipal recycling programs have wreaked havoc on the in- dustry's supply-and-demand balance, Bernie Gordon, farmer owner of Gordon Waste Co. Inc. {Columbia, Pa.},describes the problem this way: "Unlike scrap recy- clers, waste haulers are paid to collect paper in government recycling programs, and they also save money by avoiding land- fill fees. How can a private paper packer compete against that?" Toe Marcus, retired senior partner of National Fiber Supply Co. (Chicago} and a past president of NASMI's Paper Stock Institute of America, notes, "Many wastepaper deal- ers have gone by the wayside because of this `recycling' fantasy, It's a catastrophe, and the dealers that remain are badly hurt by `recycling' programs that bring in more material than can be used;' Complicating matters, some waste haulers have signed agreements or formed ventures directly with gaper consumers, bypassing traditional paper packers altogether. Other Scrap execuhveS aferi't SO wOrCied about waste haulers. "The return on sales in the scrap industry isn'E very attractive to waste corporations," Liff remarks. "They're publicly traded companies, and the stock market rewards companies based on consistency of earnings and return on assets. As far as M1tFs go, I'm not con- cerned because there's no profit in doing it. If somebody wants to do it, good luck to them: ' That Wss Then, This Is Nnw When scrap veterans reminisce, they say that the scrap business used to he easier, simpler, more gentlemanly. "IYrom where 1 sit, the best limas were prior to today," Berman asserts. "I couldn't make a living in my office now. I'm not a computer person. I'm more the hammer-and-cald- chisei type" In previous decades, says Nate Muskin, former group vice president for Engelhard Minerals and Chemicals Corp., Philipp Brothers division (New York City), "a man's word was his bond, and everybody held to their verbal con- tracts despite changes in the market: ' Today, contracts are de rigueur, but this re- quirement is only a symptom of how the in- dustry's players have become more competitive. "Sometimes loyalty is sacrificed far shot-term profits," Hummcl- stein asserts. On the positive side, the business has achieved a stature and level of quality and prosperity that would amaze its founders. As Danziger noted in 19b8, "The second- arymaterials industry has made a journey from a struggling, back-breaking unknown in the early part of the century where to- day it has became an internationally recog- nized factor in the business life" So what do these changes tell us? Fore- most, they show that the individuals and companies in the scrap industry are fight- ers and survivors. Despite the waves of econ+amic, legislative, technological, and regulatory changes that have challenged them in the past century, they've always managed to land on their feet. And in the coming decades, the industry and its play- ers will surely continue to evolve, change, and improve. The future, executives con- cur, will belong to those companies that produce the highest-quality scrap, satisfy all regulations, operate efficiently, and work from a strong financial foundation. In the end, Liff says, "the people who have the sophistication of management, the computer skills, the education, the com- mitment to community, and the environ- mental responsibility-they will be the eventual winners:'^ 4Z SCRAP PROCESSING AND RECrcL#NG JANUARYIFEBRUARY 1993 E~ol~tiood~stry TnaciNG ISRI's Roots Trade associations, like people, have life stories-unique personal histories full of goals, challenges, victories, defeats, and camaraderie. Also like people, trade associationsmatureandchange, oflenbe- corning as integral to the industry they represent as the members themselves. Such is the case with thelnstitute of Scrap Recyclinglndustries (ISRI) (Washington, D.C.). Barn in 1987 as the only child of two parent organizations--the New York Ciry- based National Association of Recycling Industries (NARK and the Washington, D.C.-based Institute of Scrap Iron and Steel (ISIS)--the 6-year-old ISITIis technically a newcomer to the trade association scene, This "newness;' however, belies ISRI's rich past that can be traced to the early 190ps through its predecessors, which in- clude NARI's former incarnations as the National Association of Waste Material Dealers {NAWM©) and the National As- sociation of Secondary Material Indnstries (NASMI). Each decade has required ISRI and its forebears to change and find new ways to serve members. In this sense, these trade associatinns are like Horrors, reflecting the most-pressing concerns of their members through the years. In essence, therefore, the story ofISRI and its predecessors is the story of the scrap industry itself. The seed that ~1.aS grown to become ~S~r Cornling Together u T was plr~~ated &0 years ago. Here, l~ the Prior to 1913, the scrap industry was chaotic-that is, it was anorganired and second ijlSta~~inent of our ~'Oth anniversa~~ Sep ces, had no standard practices or specifica- tions-according ro a 1963 issue of Scrap we recount the hl story Qf ~~~~'S Age. "There was almost a complete laclr of cammunicatiou between dealers,,' the predecessors and pee1~ into its future. magazine noted. "Individual action was the rule of the day-even in the most im- portantdevelopments facing the trade. A few dealers in various parts of the country 9Y KENT KISER cooperated at times on thelarger problems, Kent Kiser is associate editor or Scrap Ptncessing and Recycling. but, generally speaking, each preferred to go his own way and handle his own problems: ' MARCHIAPRf11J9S SCRAP PROCESSING A#tR ~IECYCLINC, 1Z1 .iUTEOH Prmr to 1913,, the sGt~~~ f~~~~ chaotic-ttlajt ls,. ftwe` and had no~~atantlard~ ~~ spaclflcatlans acc~ ~( t issue et Scrap a raagazlne. In March 1913, however, 40 processors brought order to this chaos when they met in Boston to found NAWM17. Charles M, Haskins, manager of the waste material section of The Commercial Bulletin, hosted this historic first meeting, which was rife with skeptics. "This attitude of caution was not surprising," Scrap ,4ge explained, "since these industry pioneers of ahorse-and-wagon era were robust individualists--self-made men who de- pendedupon their own ingenuity, men who had made their way through great individu- aI efforts and sacrifices" Still, the found- ers recognized the benefits of uniting the industry, so they forged ahead and chose Theodore Hofeller, a Buffalo, N.Y.-based dealer, to Iead the association in its first year. NAWMD's primary goal was to estab- lishstandard scrap specifications, which, though modified and expanded over the years, remain an integral part ofISRI's cur- rent Scrap Specifications circular. Qther services soon followed, and by the time NAWMD moved from Boston to New York City in 1914, these included a credit bureau, a traffic department, and arbitration assistance. The association had also ex- panded in other ways by this time, grow- ing to 200 members, raising membership dues from $50 to $100, and forming sever- al regional divisions. In the years that fol- Iowed, NAWMD established commodity divisions to represent its growing member- ship's divarseinterests, including the Waste Paper Institute, Cotton Rag Council, Wool Stock Institute, Scrap Rubber Institute, Secondary Metal Institute, and Metal Dealers Ilivision. And by 1423, NAWMD could be considered a truly international association, with 100 of the leading sec- ondarymaterial firms from 16 countries as its members, The group's cosmopolitan character was enhanced in 1425 when Egmont L. Frankel, Frankel Brothers Ltd. (Toronto), becameits first president from outside the United States. The Birth of ISIS In the late 1920s, ferrous scrap dealers and brokers felt the need to form their own MnACHrAPRit 1893 12'~ Stii~VF Paoc~sslN~lwD ~.INO trade association. Thus was barn ISIS in August 192$, when 21 scrap executives met ~ ~ ~ in New York City to discuss scrap quality and the problem of "direct dealing"--a _ _ policy at some mills that required contpa- nies to t'xrn in scrap steel to get new steel • TTX pro vides the nation's railroads with over Charles H. Lipsett, publisher of Waste ~ fi5 OOD flafcars gondolas in#ermodal ~ • • Trade.7ourrtal, suggested forming ISIS to r ~ address theseandatherproblems, andthe platforms and box cars that can be available #o .. . association was launched with about $7,500 in contributions. i..ed by fjrst Presi- ~ t Y dent Joseph G. Hither, Henry A. Hitner's ~~5 or o~rr Sons Co. (Philadelphia), ISIS became a quick success, attracting 300 members-at ~ ~ ~~ $50 a year-and forming 12 local chapters ~ ~ ~ ~~ in its first six months of existence. ISIS soon found itself mired in the Great j ~~~ De cession, however, which financially P ~ threatened it as well as NAWMD. Still, by 1932, ISIS had earned enough national Whether your recyclables are jJtastiC recognition that President Herbert Hoover , R metal, paper, glass or teXflfe-TTX has a car asked its leaders to visit the White House type in ltS ffee~ for your needs to discuss restrictions on banking credit and the conservation of natural resources. "` ., i p ke,~ ~ _ " y 1TX Double Stack Cars ~ }`' z _ z _ .. I , ~ 184 ~ FAY ~ ~ recognnfep 1~t ~e~alitegE ; _ y rk ' r asked Ito t~ te` r ~~ ~~~ ~• ~ RAIbGOI+I Gondolas x~ k=' ,. ~ ' ~ to discus:~esto ~~ , ~ ~ ., , j aed the cansarlratlan 1>f aataral resaal~ces. ~ ~~, ~ ~ ~ . Aa1LHOx - ~ _ ~ ~ ~a ~,, t The association continued to excel under . r" _ the leadership of Benjamin Schwartz, who 1`TX Sin le Stack Intermodal Railcars 9 served as ISIS's director-general, a staff position, for its first decade. In 1937, in • Economical and Environmen#ally Sound Transnart Fact, it was one of only 22 out of 2,400 U.s. „ for your scrap on modern well-main#ained railcars trade associations to receive a Certificate of Recognition from the American Trade ~ T'r')(i OVVn@d by 94 railroads, O~'3C/'ate5 the Association Executives, na#lon's larges# Fool of railcars The Road to NASMI ~ l#'s a flexible source to move your scrap for During the war years of the 1940x, processing and recycling Always ready in NAWMD and ISIS leaders found them- almOSt any Caf-')/ing Capacity selves working hard on two fronts. Fore- mostwas helping the country meet its scrap needs by serving on the salvage branches TALK TO YOUR R.4l1ROAD'S WASTE of the government's WarProductianSoard $USfNESS GROUP ABOUT THE RIGHT (WPB)-an effort that resulted in each as- . EQUIPMENT FOR YOU sociation being lauded for its contributions at war's end. Second, NAWMD and ISIS had to vigilantly protect member interests ~ during this time of close government con- trol of scrap supplies and prices. In the late 1940s and early 1950x, TTX COMPANY NAWMD and ISIS helped their members 10T NORTN WACKER ORiVF 2es on SCRAP through the challenges related to the CHICAGO, !LLlNOIS 50606 Action Card Marshal]Plan,KoreanWar,andcoldWar. Questions? Cal] TTX at (3l2~ 984-3888 And when the world economy began to MnRC~tiAPx~t 1993 SCRAP PROCESSING AR6 RECYCLING 3Z3 STATE METAL INDUSTRIES, INC. Manufacturers of state of the art aluminum alloys Consumers of al) grades of aluminum and zinc scrap (609) 964-1510 (215) 922-1510 FAX (609) 964-0233 94~ South Second St. Gamden, NJ 0813 139 on Sl:i<i44P Action Card prosper again in the 1950s, NAWMD responded by farming a foreign trade division and expanding its commodity di- visions and public relations efforts, The as- sociationalso made one of the first moves in the "scrap is not waste" campaign that continues today, with its Waste Paper In- stitute renaming itself the Paper Stack In- stitute of America in 1958. A year later, NAWMD joined with ISIS to form the National Association Supply Cooperative (NASCO-OP), which assisted members in purchasing conunonly used products such as gas, oil, acetylene, andpropane. "While the association is helpless in directly providing better praftt margins, it can- ard does-assist members in minimizing their cost factors; 'explained NASMI Ex- ecutive Vice President M.7. Mighdoll, who directed the association fmm 1960 to 19$6. Today, NASCO-OP {New Philadel- phia, Ohio) still thrives, with 950 mem- bers, asix-person staff, and annual sales of $5 million. NAWMD brough# 1960 in with a big change, renaming itself NASMI. The as- sociation celebrated its 50th birthday in 1963, an event that President John R Kennedy called "a bright chapter in our country's economy" in a letter to the group. group. By this time, NASMI's member- ship benefits included life and major medical insurance, workers' compensation insurance, and more. According to Scrap Age Editor Mush Oberman, the associa- tion represented "virtually every reputable firrn in the United States and many from foreign countries. Where once it spoke for a small, unknown, and unrecognized in- dustry, today NASMI speaks for and represents a $4.5 billion industry whose activities touch every area and facet in the modern industrial world." tI~~CIAg ISIS°S Stf@pS From the 194ps onward, ISIS followed ~ separate but related path to NASMI's, /anfronting many of the same issues, such is discriminatory rail rates and proposed ;: scrap export restrictions under the new staff leadership of Executive Vice Presi- dent Edwin C. Barringer, who was hired in 1938, when the association's member- ship roster included 550 firms. In 1949, ISIS boasted mare than 1,000 members and had camnuttees on fair trade, public relations, specifications, expart- import, transportation, and engineering, The group stepped up its educatien pro- grams during this time, offering its first one-week training course. The course, held at Northwestern University in Chicago, taught the fundamentals of the scrap iron and steel industry to 222 junior executives. ISIS's public relations programs hit full stride in 1954 with the release of its first film, a 15-minuteree] titled "Scrap: Steel Reborn," which was distributed to ISIS chapters for showing to civic groups and the media. ISIS also expanded its safety of forts in the 1950s, introducing its annual "Safety Wcek" program, which helped it earn the National Safety Council's bronze plaque award in 1956 for excellence in the preparation and presentation of safety material-a distinction it won at least five times. This work also enabled ISIS to se- cureworkers' compensation insurance for all of its members, augmenting its existing life insurance benefits. Barringer retired in 1960 and was suc- ceeded by William S. Story, who served as executive vice president until 1971, During Stary's leadership, ISIS assisted the federal government with one of the nation's biggest problems: abandoned cars, In 1965, in fact, President Lyndon B. Johnson invited 800 industry and government leaders, includ- ing ISIS President Harry Marley of Abe Cooper-SyracuseIne. (Syracuse, N,Y.}, to attend the White House Conference on Natural Beauty. In the end, ISIS was in- strumental in developing a supportive Highway Beautification Act that differen- tiated between auto graveyards and scrap plants. From this time on, ISIS urged its members to avoid using the word "junk" Also in 1965, ISIS formed the Metal 124 SCfiAP PROCESSfNG AND RECYCLING I~ARCHIAPflIL 1993 E~ar~><l©a Scrap Research and Education Foundation to help develop new processes and markets for scrap. The group continues to exist today as the Recycling Research Founda- tionunder ISRI. The high point for the fer- rousscrap industry--and ISIS-in the late 1960s, however, was the decision in the In- terstate Commerce Commission proceed- ing titled ]?x Porte 259, which reaffirmed that scrap is competitive with iron ore and must be charged accordingly by the railroads. Entering the Enu<iranmentai Age In the 1970s, the terms "recycling;' "ecology," and "solid waste" came into vogue, and the scrap industry was called on to help improve the nation's recycling record. "The scrap industry has indeed been placed on center stage and has, in fact, become a pivotal cog in any discussion of solid waste control, ecology, resource utili- zation, and environmental activities;' Oberman wrote in 1973. In response to the newly recycling- conscioustimes, NASMI changed its name to NARI and adopted a new "chasing- arrows" logo. In its second year as NARI, the association started its tradition of com- modity roundtabies, with aluminum being the first commodity of focus. Meanwhile, at ISIS, Herschel Cutler, who had served as the association's trans- portationconsultant since 1967, was named executive director in 1972. Publicly fund- ed "recycling" centers became an issue, but the decade's overriding issues were ex- portcontrols, recycling tax incentives, in- equitabletransportation rates, and energy conservation. These challenges prompted ISIS--and NARI-to became more active in government and required the associa- tions' leadexs to spend more time testify- ing onCapitol Hill, as well as sponsoring or opposing recycling-related legislation. In 1978, ISIS reached amilestone-its 50th anniversary--and it celebrated by commissioning artist Mark di Suvero to create a sculpture out of scrap iron and iZB SCRAi' PHCCESSIN$ ANQ RECYCLING steel. The artwork-titled "Isis;' of course--was dedicated at the Hirshhorn Museum in Washington, D.C. , and was displayed there unti11992. It's currently on loan to the Nathan Manilow Sculpture Park in University Park, Ill. The simultaneous inflation and reces- sion in the early-to-mid-1980s leveled the scrap industry with soaring interest rates, low scrap dtrmand, and operating cost squeezes. As a result, ISIS and NARlboth lost about 25 percent of their members dur- ingthese dif6cultyears, recalls NARI Past President Stuart Padnos of Louis Padnas Iron & Metal Co. (Holland, Mich.). In fact, by 1986, ISIS had only about 1,200 members and 16 employees, while NARI had just 80(1 members and an 18-person staff. On tap of these poor economics, the government accelerated enforcement of its major environmental laws, such as the Resource Conservation and Recovery Act {RCRA), Superfund, and the Toxic Sub- stances Control Act. Consequently, ISIS and NARi had to became even greater "activists" to ensure realistic treatment of the industry under the new laws and regulations, One Yoiee Though the idea of an ISIS/NARI merger existed almost from the moment ISIS was formed, the issue intensified in the early 1970s. NASMI President M.D. Schwartz of Pacific Smelting Co, (Torrance, Calif.) asserted in 1972: "'Ib not create a comprehensive and federated or- ganizationwould be aterrible tragedy.. , , We cannot permit ourselves to regress to the conditions of farmer generations or al- low our industry to recede to the position which it held 20 or 30 years age in our na- tional economy." Despite Schwartz's plea, the proposed merger was set aside for more than a de- cade, though several attempts were made to join the groups along the way. In the meantime, ISIS and NARI tried to work together on some industry problems. In the 19$Os, several factors underscored the need for an ISIS/NARI merger. For starters, the harsh economic conditions at the time made membership in two associ- ations agrowing burden on many recy- cIers. More important, however, the scrap industry needed a nnif~ed voice to respond to the growing volume and increasing stringency of existing and proposed laws and regulations. So, finally, in -1987, the 73-year-old NARI and the 58-year-old ISIS decided to become one. Their progeny, initially called ISIS/NARI, became ISRI in July 1987, with offices in Washington, D.C. NARI President Howard M. Meyers of RSR Corp. (Dallas) and Bayou Steel Corp. (Laplace, La.)-one of the "architects" of the merger along with ISIS President Sandy Shapiro of Cambridge Iron & Metal Co. Ina (Baltimore)-remarked at the time; "We believe that, with the combined strength of both organizations, our indus- try will be able to exert even greatex force in the future to achieve our mutual eco- nomic and legislative objectives;' Now, six years later, most recyclers seem to agree that the merger has been a success. "The reason the merger worked is that the members of both associations truly want- ed it to work," says Cutler. "It wasn't a marriage of convenience, it was an under- taking of eommitmcnt. There was no prenuptial agreement in case the merger Failed. Everybody was committed to mak- ing it work," Richard E. Abrams of B. Abrams & Sons Inc, (Harrisburg, Pa.}- and ISRI's first president observes, "The merger has given recyclers a much more effective association. We've now got a more unified, single organization that truly gives the industry one voice As the offspring of ISIS and NARI, ISRI incorporates attributes of bath, such as ISIS's chapter structure and NARI's com- modity focus. At the same time, it is differ- ent from them, both externally and internally. "In the early 1980s," says ISIS „_ . inet{y, le iB87, t~B~~ ',' the 58-yeah-~i eee. ~_ ~~: ,, '~ Past President Morton B. Plant of Keywell Corp. (Baltimore), "ISIS put out fires as they came up, but now ISRI looks ahead to put them out before they start. Also, ISIS wasn't nearly as sophisticated then as ISRI is now." Stuart Padnos recalls that NAItI's main efforts a decade ago "were to find out what the government could do for its mem- bers. Now, ISRI's main efforts are to ad- dress the effects of existing laws and regulations, as well as anticipate new governmental actions" Internally, ISIS/NARI has seen its staff go from 3~F-reflecting the combined as MARC€~~AspIL 1993 EYOwiIOH sociation staffs at the time of the merger- to a ' `skeleton crew" of 16 in ISRI's begin- ning months to 37 today, That content nu m- berreflects employees added primarily in the areas of publications (one ofISRI's first acts following the merger was to purchase Scrap Age, which was snon renamed Semp Processing and Recyeling) and government relations, which deals with the ever- expanding legislative and regulatory issues facing the industry. As an example: Whereas ISIS and NARI each had one or two employees to address government mat ters, ISRI now has a government relations staff of seven full-time employees and works with several consulting and lobby- ing firms on retainer. Will ISRI's staff con- tinue to grow? Abrams and Cutler think not, noting that current staff should be able to meet member needs for same time to come. Other internal ISRI changes have inclttd- edexpanding farmer ISIS and NARI com- mittees, fornung new committees, and embracing NARI's Paper Stock Institute of America as its national PSI Chapter. ISRI's most significant change, however, came in 1992 when it implemented a strategic re- arganizationplan to better represent the in- t~ a ~s~~s ~ T@92 WI19ll N #~~ ~~ ~ ~ ~eor~aol>~ou~~~r b....,. , InduBtrY`s ~fYBPB$ al dustry's diverse materials and players. In these and other ways, ISRI has attempted to carry on the goal of its predecessors: to unite the recycling industry, giving it strength beyond the capacity of individu- al firms. Staying Ahesd of Change Much of ISRI's immediate work lies in addressing the life-threatening environ- mentallrecycling-related laws and xegula- tionsfacing the scrap industry. "We don't have the luxury of looking too far ahead now," says ISRI Irmnediate Past President David Serls of Colonial Metals Co. (Columbia, Pa.) and L. l.avetan and Sons Inc. (York,Pa.). "Wehaveissuestltatmust be dealt with to secure the industry's fu- ture, such as reauthorization of RCRA and Saperfund. When they're behind us, we can take alonger-terun look ahead; ' Abrams echoes this remark: "The associ- ation's main priority will be to continue to serve the industry an environmental issues. The environment is going to be a ma,~or focus ofthe Clinton administration, so en- vironmental regulations won't get any easier to comply with." Though ISRI is focused on addressing the industry's current concerns, it must be flexible to "meet the industry's needs and requirements ofthetime"-whatever they maybe, notes ISIS Past President Bernard Landau ofM.S, Kaplan Co. (Chicago).In essence, ISRI's mission is to stay ahead of change. `As time goes on;' Serls says, "the association will be further refined to bet- ter serve its members:' ISRI has come a long way in six years, but it still has a challenging road ahead of it, "Are we better off today than we were six years ago?" asks ISRi President Arnold Gachrnan of Lachman Metals & Recycling Co. (Forth Worth, Texas). "The answer is yes. But we should also ask, can webe bet- ter off six years from now than we are to- day? The answer is also yes, The success of ISRI and the scrap industry as a whole goes beyond the progress we've already made, It's what's ahead that counts;' Software, Hardwa~, 16 on SCRAP AcFion Card Otherware? It's people... ...who makeup the third and most important part of your decision to computerize with SAI. It takes the right soft- ware and hardware to fully integrate your financial, yard and brokerage operations. But it also takes experience, understanding of the scrap industry, training and support services to get your system up and runnmg quickly and efficiently. That's Otherware. Before you buy, compare software and hardware. T'lten compare Otherware. Othar- ware is what makes SAT the computerization leader in the scrap handling industry. Call or wrrte for a free brochure. w. . ~.^.. r w a a.r ~ i~ r ~ r ~ : ,.. i ^r .. ~ ~ ~ r a i ~ ~ r r~r- .... .,.,.. ~.. Value 12e~ller ~• 1Z$ SCRAP PROCESSING AN6 RECYCLING MnROH~APRa 1893 Systems Alternatives Inc. 1705 Indian Wood Circle Maumee, Ohio 43537 419-691-I100 FAX; 419-891-1045 E~olatio~duslr~ SCRAP'S INTERNATIONAL JOURNEY 'his installment of our special 50th anniversary series examines sor~ne o,~the significant changes seen in the scrap export market in the past century and takes a iOOk at how recent world developments could bring about new opportunities, BY KENTlfFSER Kent t{iser is associate editor of Scmp Prnce,ss+ng and Recycling. For as long as there`s been scrap and a way to transport it, recycling has been aninter- nationalbusiness. After alI, scrap is a com- modity, sold wherever there is the greatest demand and the best price, and that often means a foreign land. For U.S. scrap recyclers, theexportmar- kethas served not only as an alternative to the domestic market in good times, butalso as a safety valve during tunes of sluggish domestic demand andlor oversupply. Scrap exports are also a cornerstone of U.S. international trade, generating revenue to help offset the country's trade deficit. In fact, the United States can beast exportlimport ratios of up to 54-to-1 for scrap materials such as paper. In terms of volumes, the country is the world's lead- ing exporter of scrap, with U.S. racyclers shipping approximately 18 milIian tans of metal and paper scrap worth several billion dollars to more than 44 countries in 1991. This record of success is impressive con- sideringthat the international scrap trad- ing market is notoriously unpredictable and mutable, In recent decades, in partic- ular, the roster of international scrap play- ershas changed and consumption patterns have shifted dramatically due to the emer- gence of the "global economy;' Europe's restructuring efforts, and growth in several developing countries. Some of these changes have reduced foreign demand for U.S. scrap, but others promise to open up larger markets than recyclers of yore could have imagined. A Look Back As a scrap-rich country, the United States has long enjoyed a position as a net exporter of scrap. Sure, there have bean years when the country was a net importer or when itlimrted exports of certain types of scrap. But these episodes usually occurred around times ofwar-in the ear- ly 1920x, the early 1940x, the early 1950x, and the Iate 1460s-when the country needed all the scrap it could get and cut off relations with some formerly MRYI.IUN£'~993 SCRAP PROGESSING ANO RECYCUhiG 77 EYOtUTION friendly overseas consumers. There have also been times when some domestic scrap consumers-U.S. steelmakers in particu- lar---have tried to limit or ban scrap exports to counter perceived scrap shortages, but most of these efforts were ineffectual, thanks to scrap industry opposition. In general, however, statistics compiled by the federal goverrunent and various scrap trade associations reveal thatU. S. scrap ex- ports have been expanding, not contract- ing, over theyears-a trend that bodes well far U.S. shippers, Prior to 1954, U.S. exports ofscrap iron and steel rarely surpassed 30D,ODDtons per year, though the business had an uncharac- teristicboom between 1934 and 1940, aver- aging more than 3 million tons per year, with a high of approximately 4.6 million tons in 1937. In 1954, following the Korean War, U.S. scrap iron and steel exports climbed from war-year lows to pass the 1-million-ton-per-year mark once again, and annual shipments have remained above that level ever since. The export market reached its all-time high of 13.3 million tons in 1989, dropping to around 9.6 mil- lion tons last year, according to Depart- ment of Commerce estimates. In the nonferrous scrap arena, aluminum and capper have traditionally been tl-e most heavily exported materials, with U. S. recyclers shipping far export 476 tans of aluminum scrap in 1939, the Orst year in which the federal government specifical- lytracked such data. Since then, the annual totals have varied widely, from a low of 14 tons in 1943 to a high of 634,000 tons in 1989, according to the Bureau of Mines. Nevertheless, since the market began its upward spiral in 1978, when it surpassed the 190,000-ton-per-year mark for the first limo, it has not dipped below that number. Copper scrap, meanwhile, had a recard of erratic export demand prior to 19'73, ranging from a low of about 5 tons in 1943 to a high of about 76,000 Ions in 1954. Spurred by demand in the Par Last, however, capper scrap exports took off beginning in 1973, reaching a record high of 405,OD0 tons in 1989, according to the Department of Convnerce. As for scrap paper, the federal govern- ment and the U.S, pulp and paper indus- try began tracking scrap paper exports in 1914. In that year, domestic packers shipped 15,500 tons of "waste fibrous material;' which included rags and aiI paper grades. Since then, exports of scrap paper have shown a consistent, gradual progression from a nadir of 9,804 tons in 1944 to a zenith of approximately 6.6 mil- lion tons in 1991, according to the Ameri- can Forest and Paper Association (Washington, D.C.). The market ex- periencedits fastest growth between 1973 and 1974, when exports jurnped from 683,OD0 to 1.3 million tans, and between 1983 and 1989, when shipments rose from 2.7 million to 6.3 million tons. The European Effect Until the 1960s, the main foreign con- sumers of most U.S, ferrous, nonferrous, and paper scrap were 13urapean countries such as Germany, Italy, Spain, and the ~. ll~~ BUSINESS I P# 4~ ~ UPI! _ , ~. . - ... .. ~ ,.., SHC-458W GONTINUOU$ fiDTATl0 i SHC-458 `" t1~e dO C3~'Spple f 3" PENS AT CYLINC3ER PIVOT ~: RTGfiT! " .,iii ~ ~'s,' ~. ~,:-~ ' ~ -~r- s ~jw ' ~~ •a ;. Y. ~ , ~ ~; ~r. f ~~~' LUCKY prafiessionalfy engineered grapples for the scrap handling industry. If you have been grappling with your grapples, you need tta try the LUCKY Grapple. "Why?°' Because "LUCKY HAZIT." P.O. Box 3D51 • Huntsville, A1.35810 LUCKY MANUFACTURING CO. ING. Pn:205-852-13so•l=ex:205-852-1443 ~$ SCRAP PRQCESSIN~ AND RECVGLING 3r1 on SGRAP Aatlnn Gard MAVrJuI~E 1993 United Kingdom, Since then, European demand has dwindled to the point where, today, Europe is a net exporter of most types of scrap, making it a competitor rather than a consumer of U. S. scrap. This trend has accelerated in recent years due to Germany's reunification ef- fortsandthe breakup of the Soviet Union. In fact, European demand for nonferrous scrap-mainly aluminum andnickel-has been especially hurt by the vast supplies of metal pouring out of the former Soviet re- publics, which have been selling metal an the world market to amass hard currency. European demand for U. S. scrap paper has also tapered off in recent years, but for a different reason: mandatory "recycling" laws, particularly in Germany. By focus- ing on coIlectionrather than consumption of scrap paper, such laws have created "a significant glut of the bulk grades through- outEurope, which has displaced much of the movement of those grades from the United States," explains Phil Alpert, a partner with National Fiber Supply Co. {Chicago), This glut and the increased competition .from European exporters "will be major obstacles for us to combat over the next five years," says Steve yenta, president of the international division of William Goodman & Sans Inc. (Sunrise, Fla.). Though Europe appears virtually closed to U. S. exporters in the near term, it could need U.S. scrap in the future, says 1=?dward Hollander, a ferrous export merchant with Clarendon Ltd. (Giemriew, III.). For exam- ple, he suggests, European consumers could "run out of ferrous scrap after their military surplus and demolition material is consumed-But it may take 5 or 10 years;' The opening of Eastern Europe also could present new opportunities, but Western European scrap recyclers are ex- pected tofill most of that potential market. The Pacific Rim Revolution Before the 1960s, japan was the only notable consumer of U, S. scrap in the Far Bast, and it was almost exclusively a fer- rous buyer In the 1460s,1apan started to buy mare nonferrous scrap, and it soon estab]ished itself as the largest consumer of U.S. aIuniinum scrap as well as a top- three buyer of scrap copper, nickel, and stainless. At the same time, however, japan began fading as a consumer of U.S, ferrous scrap. in 1491, it accounted for only about 1 > r;,1 \:: J ~. ~: 4 percent of U S. ferrous scrap exports, and it has th recentyears even exported its own ferrous scrap. Looking beyond Japan, the most mon- umental development in the scrap export market since the 1460s has been the mushrooming demand froFn other Far Eastern countries, particularly Korea, 'Ihiwan, India, Thailand, Indonesia, and Malaysia. What has prompted this Asian revolu- tion? Inshort, industrial development. On the road to progress, these countries have developed a crying need for U.S. scrap to make industrial and consumer products. ' `There's a whole world oat there with new capacity coming onstream," Hollander points out. A Bierorl ASM detection system keeps you from ~ getting stuck with ~ radioactive scrap, • Easy to install ® and operate • Weekly system checks via phone modem ^ Cal! ar fax us for your copy of our brochure an radioactivity In scrap and how to detect if. ~ ~ i ~ BICRON aea on SCItAA Action Card i 2345 Kinsman Raad Newpury, Ohlo 44065-9677 Telephone; {216) 564-2251 1 Teiefax: {216j 584-8047 ' , MAwJuNE 1993 SCRAP PROCESSING ANO l1ECYCLING 79 Elrol'.tlnolr While U.S, exporters expect Pacific Rim countries to be strong consumers in the future, they also note that these consumers could buy more scrap from competing-- and often more canveaient-European suppliers, In the paper market, Alpert observes, "the Pacific Rim will maintain its primacy, but there will likely be a level- ing off in demand from the big three- Japan, Taiwan, and Korea-with more growth occurring in Thailand, the Philip- pines, and China." [Editor's note: S`ee "ChirtaZoamsLarge,"beginning onpage 45, far details an this emerging market.] U.S. shippers of all scrap commodities are also waiting on India and Indonesia, the world's most-populated countries after China. India is already a strong consumer of U.S. ferrous scrap, especially shredded material, but its import duties change con- stantly and its demand can be spotty, exporters say. Indonesia, meanwhile, began buying U.S. scrap only within the past decade, but its demand is expected to rise as it develops. 'Ilrading Nnrth acrd Snath Of the Border The United States's South American neighbors currently consume only small quantities of U.S. scrap. The region used to be a much stronger market, especially for paper, about 20 years ago, but its demand has diminished for a variety of reasons. in the past decade, for instance, Brazil---the region's most developed country-closed its borders and made im- parttariffs prohibitively high to fight its in- flation, thus nixing its scrap demand. Still, U. S. scrap exporters see potential in South America. "Its economy is getting better, and while i[s consumption is small now, we're seeing more inquiries from some of the players there," says William A. Nielsen, president of Nielsen & Nielsen Inc, (Pomona, Calif.). Meanwhile, even closer to home, Canada and Mexico have been consistent consumers of U.S. scrap far generations on end and likely will continue to be essential markets, exporters predict. Canada is 8O SCRAP PROCESSING AND RECYCLING currently a leading buyer of many types of U. S. scrap, including aluminum, copper, lead, nickel, stainless steel, ferrous, and paper. In recent years, however, the United States's northern neighbor, like much of Europe, has instituted mandatory "recy- cling" laws, which have hurt its scrap paper demand. On the plus side, Alpert notes, Canadian newsprint mills have responded to U.S. recycling programs by installing more deinking capacity, "so there's been a dramatic increase in the flow of old newspapers going to Canada." Turning south, Mexico ranks as a prin- cipal consumer of U.S. ferrous, lead, and paper scrap. And Mexican demand is ex- pected to increase in carving years as it up- gradesexisting furnaces, installs new ones, adds deinking capacity at its paper mills, and increases its per-capita use of scrap- based consumer products. Furthermore, plans for economic and industrial growth advanced by Mexican President Carlos Salinas de Gortari are expected to spur the country's need for scrap. A wildcard in this trade scenario is the North American Free-1Yade Agreement (NAFTA), which could openup new trade avenues and bring about more scrap con- sumption north and south of the border, scrap executives maintain. Some U.S. ex- porters assert, however, that free trade in scrap has always existed between the three countries and that NAFTA will not have any effect on scrap demand. "Usually it's a matter of whether they have the money or not;' asserts aSouthwest-based scrap exporter. At the very least, scrap execu- tives agree, NAFTA should give North America as a whole mare strength in the world market. ~n the topic of trade accords, V.S. exporters express concern-but not worry--about the Basel Convention an the Control of Transboundary Movement of Hazardous and Other Wastes. At the moment, thanks to international accords designed to prevent trade disruptions, virtually all scrap materials are exempt from the treaty's restrictions and bans when traded among certain nations. This is positive news not only for scrap shippers, but also for importing countries. In fact, as U.S. scrap exporters note, foreign countries-particularly developing ones--would be stunting their own growth ifthey stopped importing scrap. "flbvious- ly, every country wants to seenew develop- ment and industrial growth, and almost every developing country in the world is scrap poor," says a U.S. scrap shipper, who notes that some countries could still cur- tailscrap trade by imposing import limits. hacking the Changes As any exporter will tell you, interna- tional scrap trading is an ever-changing business at the mercy of many fictors, including freight rates, ship and container availability, currency fluctuations, world- wide economictrends, political events, grid import duties. Moreover, the way scrap is bought, sold, and shipped to foreign con- sumers also changes over time. In one notable development, many for- eign consumers have opened their own scrap buying offices in the United States. Japanese consumers spearheaded this movement in the 1960s, and other foreign buyers-in Korea, Turkey, 'Taiwan, and Indonesia, to name afew-have followed suit, primarily in the past decade. These offices give foreign consumers direct contact with their suppliers and on-the- spot control of shipments and other ad- ministrative details, as well as the option to avoid buying through U.S. brokers, U. S. exporters find fewer benefits in this prac- tice, pointing out that foreign buying offices can be "disruptive" and deny them access to same foreign consumers. They acknowledge, however, that these offices are here to stay. Another significant change can be seen in how same types of scrap are shipped. Prior to the 1970s, virtually ali scrap was shipped breakbulk-that is, it was loaded into a ship's hold on pallets, in bales, or loose-in Liberty ships that could carry about 9,000 tons. While ferrous scrap is still shipped breakbulk, most nonferrous and paper scrap is now exported in con- tainers, and modern cargo ships have grown to the point where they can easily carry 30,000 tons or more. For U, S. ship- pers, this change has been positive be- cause, in general, the larger the ship, the lower the freight rate. In addition, shipping f1~AYl~l1NE'i9J~ scrap in containers reportedly is safer, leads to fewer insurance claims, and makes the material easier to load and unload. Unfortunately far scrap exporters, tough times in the shipping business have forced some shipping companies to consolidate and share each other's ships, which has reduced the number of ships--and, thus, containers-available. And when con- tainers are scarce, shipping firms prefer to carry higher-priced commodities rather than scrap materials, leaving scrap ship- pers with fewer export options. Perhaps in response to this situation, there's been a gradual resurgence in the use of breakbulk shipping, some scrap exporters note. The Market of the Feture? Looking ahead, what does the future hold for U.S. scrap exporters? On the positive side, scrap consumption is certain to grow in developing countries as they install new mills and smelters, im- prove their shipping facilities, and earn more foreign exchange. On the other hand, U. S. shippers will likely find themselves competing more and more against foreign exporters in a global economy that is becoming increasingly sophisticated and monitored. For paper, there is also along-range quality concern that could affect foreign demand, U.S, secondary fiber has long been recognized worldwide for its strength and purity, but as more domestic paper gets recycled, this quality could be reduced, making the fiber less "techni- cally attractive" to foreign consumers, Alpert explains, This possibility underscores the fact [hat no matter what commodity they handle, "U. S. scrap companies are in an interna- tional business, and unless they offer the best scrap at a goad price, they won't be competitive," says one senior scrap execu- tive. And there is always the unknown ele- ment of domestic demand. As Nielsen paints out, "we could see more demand in North America than we've seen before, and that could draw tonnage away from the international market" Still, U.S. scrap exporters maintain that, as one East Coast nonferrous executive puts it, "export is going to be the market of the future even more so than it is now." Beyond all the changes, the international scrap-trading story will continue, as it has for mare than a century, and scrap will continue its global travels. Bon voyage. ~ MAViJuuE 1993 $2 SCRAP PRQCESS€NG AND RECYCLING EQUIPMENT OF AGES phis fourth installment of our Soth anniversary series offers a look at the past and' present of scrap-related et~uiprr~ent, as well as a glance at possible future directions in the field. ,fcLV~Aucusr 1993 BY KENT KISE#i Kent Kiser is associate editor of Scrap Processing and Recycling. 1?rom the outside, it looks like any other manufacturing facility: a modern building with wisps of squeaky-clean air emissions drifting from the vents. Storm water runoff what tittle there is-is processed by anon-site treatment system before be- ing discharged. Inside the totally enclosed facility, all operations rest on concrete kept immacu- late by aroving sweeping machine. Tracks delivering supplies enter the facility and are weighed and paid by an automated scalelcashier system. The trucks unload their supplies directly onto a conveyor, which whisks the material off through a series of scanning, analyzing, and sorting systems that separate the material into different grades. From there, it's conveyed to specialized processing equipment con- trolled by just a handful of operators who push buttons to direct the machines' com- pu#crizedbreins. The final product is then given a final quality check by an an-linc analyzer before being conveyed into a wait- ing trailer. What is this, a scene out ofBuck 12agers? Hardly. It could be the scrap plant afthe future-even the near future, Elementtis of it, in fact, are already in place in scrap fa- eilities across the country, thanks to recent developments in scrap processing, han- dling, and management equipment. And this equipment continues to evolve, driven by recyclers' perennial necd far tnachinery that is efficient, durable, and fast, as well as by their snare-recent needs to increase scrap quality, limittheir envlranmental lia- bilities, and manage their business data. After all, as one scrap executive says, "it is excellent equipment--probably more than any otherthing---that can give a scrap recycler the caxupetitive edge necessary to succeed in Today's business climate" The Way We Were Of course, equipment has long been im- portant to the scrap industry, In fact, modern processing tnachinery has done nothing less than help elevate the industry SCRAP PROCESSING ANt3 RECYCLING ~1 ~YOwrFON from its days as "small, relatively unim- portant man-operated yards to gigantic, mechanized plants whose strategic value to the nation is recognized in bath war and peace; 'wrote Mush Oberman, editor and publisher of Schap Age, in 1963. The evolution of scrap-related equip- meet and processing methods resembles that of the world around it, with steady progress interspersed with occasional revolutionary advances. In the industry's most rudimentary stage, scrap was collect- ed and transported by horse and wagon or railcar, and was prepared-if at all--by cold chisels and hammers, even mattock picks. ' `This involved sheer brute strength, giving rise to the wisecrack that to be in the scrap business required a strong back and a weak nand; wrote the late Edwin C. Barringer, former executive vice president of the Institute of Scrap Iron and Steel-a predecessor ofthe Institute of Scrap Recy- cling Industries (Washington, D,C.). One of the earliestprocessing advances was the oxygen torch cutter, which, as ]3ar- ringer described it, "worked a revolution" by enabling recyclers to process large unprepared scrap such as railcars, ships, and structural metals. Still widely em- ployed today, the humble torch marked "the real turning point of scrap from a small and literally junk operationto the sta- ture of a majarindustry," Barringer stated. Additional hints oFmodern technology showed up in the 1930s, when a few other pieces ofprocessing equipment came into use, primarily srraall presses and electric alligator shears, the latter of which Barringer called "the bread-and-butter machine of the yard" Still, the business remained intenselyphysical and, by today's standards, primitive. Far instance, while some scrap companies operated steam- powered Iocamotivecranes, magnets, and chain_driven trucks with solid tires to mcrve their material, most had to rely on wheel- barrows and elbow grease. By the early 1940s, however, scrap processing equipment began to evolve to include machines that were, inmost cases, larger, stronger, and faster than those in- troduced previously. And the equipment caught on. In fact, by the close of the decade, large hydraulic balers, wire- chopping machines, forklifts, and lugger boxes were relatively common in the in- dustry. "The trend to automation was ac- celerated during World War II when the government called upon the secondary material industry to step up production for the war effort," noted Scrap Age. By war's end, recyclers had learned that automation could lead to greater profits. "Scrap men were beginning to recognize what equip- ment officials knew all along: Investment in modern equipment was the only road to survival," Oberman wrote in 1963. Thus, by the 1950s, the scrap industry had truly entered the "era of automa- tion"-an~ra that continues to this day- with many equipment advances being made. The first hydraulic guIllotine shear hit the industry in the mid-1950s, for in- stance, and roll-off trailers were offered later in the decade. Perhaps the most momentous development, however, oc- curred in 1958 when the Proffer family of Proffer Steel Corp, (Houston) introduced the first automobile shredding system. "The huge plant is expected to revoiu- tionizethe entire scrap-handling industry and to make possible important economies in the production of steel with scrap as a basic raw material," declared 5crapAge at the time. The shredder soon nearly elimi- nated tine previous practices of baling andlar shearing auto hulks, and it created a market for car flatterers and boosted de- mand-for front-end loaders, The early i960s brought the frst guil- lotine shearlbaler combination machine, as well as expanded use of semi-trailers, which were longer and, thus, offeredmore payload capacity than other hauling con- tainers, I.,ater that decade, slow-speed sheax shredders weredeveloped to process materials such as tires, aluminum, paper, and woad. In the 1970s, scrap recyclers began buy- ing hydraulic crawler cranes in force, and they soon found that these machines need- ed attachments designed specifically to process and handle scrap. Enter the grap- ple, introduced in 1973, and the mobile hydraulic shear, brought into the market soon after. This equipment enabled processors for the first time to bring large processing equipmentto their scrap, rather thanvice versa, and allowed them to shear scrap without having to buy a stationary shear. Entering the Computer Age The 1980s heralded a different type of equipment revolution ascomputers-those mixacle machines that process information instead of scrap-began to find a niche in the scrap industry. While some larger scrap players installed computer systems in the early 1970s, the vast majority didn't show interest in them until themid-1980s, in large part because there were no pro- grams custom-designed for the business until then, 'Ibday, in contrast, some com- puter vendors offer more than 3,500 scrap- specific programs. Even so, while a high percentage of recy- cling firms now own some kind of com- puter, only an estimated 25 to 40 percent have fully computerized their business functions on a companywide system, com- putervendors state. "This is because the focus has traditionally been pn buying production-related equipment that gives an immediate and visible boost in productivi- ty," explains one executive. Stil] ,systems vendors agree that computers are making fast inroads into the business due to the "hundreds and hundreds" of benefits they offer. In the office, computers have plugged recyclers into the world of information through an-line data base services that can provide up-to-the-minute commodity market quotes, financial data, and other industry-related information. Computer- izationhas also enabled some recyclers to automate their over-the-phone purchasing business, using voice-mail telephonelcom- puter systems to give daily prices for same scrap. And in terms of data management, computers have helped recyclers record, organize, track, and analyze essential in- formationrelated to their purchases, sales, inventory, contracts, payroll, and more, The main advantage of this sort of data management is simple, says Ken Cohen, president and chief executive officer of Cohen Brothers Inc. {Middletown, Ohio): "More information helps you make better decisions: ' Out in the plant, recyclers are boosting their inventory-tracking capabilities by using hand-held computers to read bar- codes orradio-frequency tags attached to processed scrap. These identification tags and barcodes can indicate the material's commodity code and name, gross/tare/net weights, and even the supplier. ' `With this 72 SCRAP PROCESSING AND I~ECYCLIiVG Jutv~AusUSr 1993 EYt1Lil'fION equipment, taking inventory can be as sim- ple as walking around with ahand-held computer that has a cellular antenna, with the bales broadcasting their information to you," explains a computer executive. When used in remote locations, hand-held computers can transmit information hack to the recycler's main data base, using a built-in modem. Computers are also helping recyclers speed over-the-scale transactions and, thus, provide better service. Plant opera- tors can now even install acomputer- automated cash dispenser, which not only deters internal and external theft, but also can eliminate the need for a human cashier in certain setups. "Anybody who can apply a high-tech solution to reduce personnel requirements will he a winner," says one computer expert. This factor seems to be at least part of the impetus behind the expanding use ofcom- puters inside scrap processing and han- dl ingequipment tomake machinery easier to operate, maintain, and service. Some such "intelligent" machines, for instance, can run without an operator, while others a]low one employee to run several opera- tions aronce, such as controlling a crane feeding a shredder as well as the shredder itself. Another examp]e of this trend: Many machines now feature self-diagnostic con- trolboards that monitor all functions and let the operator know if there is any problem with the equipment. And equip- ment increasingly also contains a modem that allows the operator to hook the rr-a- chine up to a phone line and have it diag- nasedlong-distance by the manufacturer. The "Latest-Greatest" Technology And the advances in scrap-related equipment keep coming. The i990s have ushered in two new trends, with the most- prcvalentbeing the growing popularity of eddy current magnetic separation systems in shredding operations. Considered by many to be the "Iatest-greatest" technol- ogy, eddy currenks are reportedly already up-and-running an more than 54 shredding systems, and in a Few short years eddy could become standard equipment on all shredders. Why do shredderaperatars Iove eddy so much? Because it extracts salable nonferrous scrap from their residue stream and, by doing so, also reduces the amount of fluff requiring disposal. This decade has also found more and more scrap firms purchasing radiation- detectionequipment, and "indications are that this equipment is really taking off in the scrap market," says one mianufacturcr. processors are buying these detectors for two main reasons: to protect their opera- tions and employees from the potential health and environmental hazards of ac- cepting radioactive scrap, and to meet con- sumer requirements for certification that their scrap is radiation-free. Pursuing Continuous Irnprouetnent Combine all of these equipment ad- vancesand what do you get? A scrap indus- try that is as different from its 1904-era cr~,~nrsron- QUALITY THAT COSTS LESS r9T[1S~Rr~S lrlfla~~7f _ ~°' ~- _ ~~ ` ~ CRANSTON STRAPPERS `-~' ~ RUN CLEANER ~~ ~" - BY DESIGN - ,~~A~ A±~~3~ ,k i~ . ~ ... , ~, FOR INFORMATION CALL. (503J 654-7751 FAX (5©3) 654-6172 I P.Q. Box 68207 yak Grove, Oregon 97268 U.S.A. na on SCRAP Action card ~,~. ~{v~EEM~r Less Wear ~ Less Cost and Less Down Time ~~ AvERAGE PARTS cosT $0.0075/STRAP NO MATTER WHAT YOU ARE BALING! T4 SGf1AP PRQGESSING AND Rrcvct.ING Ju~v~Aususr 1993 ~lIOLUTION incarnation as a Model T is from a Lincoln Town Car. "Scrap operations were junk- yards in the early 190ps, whereas today they're manufacturing plants without a roof," observes Noah Liff, chairman of Steiner-tiff Imn and Metal Co, (Nash- ville, Tenn.). Thefoundatinnoftheindus- try's success, and the underlying goal of equipment manufacturers, has dearly been one of continuous improvement. For manufacturers, this improvement has been-and will continue to be-based on four principles that define equipment excellence. ^Efficten.cy. Far scrap recyclers, effi- ciency means the ability to process more scrap in less time for less money. "The mainproblem today," Cohen observes, "is that the per-ton cost of processing con- tinues to ga up, butmargins continue to go down." In response, manufacturers have worked to make their machines more energy-efficient, mare productive, and more capable than previous models. Some guillotine shears, for example, are now so large that they can process whole railcars without using prewmpression and without requiring any precutting. Other shears save energy by using gravity to feed scrap into the machine rather than an automated com- pressionbox. Efficiency has also been im- proved by making scrap equipment mare "operator-friendly" and, as noted, by en- abling multiple machines to be operated by one employee. Durability. In addition to death and taxes, recyclers can count on oneother cer- tainty in life: equipment repairs. Still, manufacturers have tried to reduce the downtime aad repair costs of their machines by making them stronger and more reliable through such means as using harder steels, reducing the number of moving parts, installing self-diagnostics, and more. ~Yersatility, Since scrap-related equip- ment is often "capital intensive"-that is, expensive-plant operators seek m get as much for their money as possible, which often means a machine that is versatile in terms of handling several different tasks and processing a variety of materials, Manufacturers have responded by creating such machines as shears that can also serve as balers, mobilelportable equipment, shredders that canprocess all but theheavi- est scrap, myriad crane attachments far every purpose, and locomotive cranes that feature hydraulic booms rather than tradi- tional lattice booms. ~ISafety. Equipment that isn't safe is a liability rather than a benefit to recyclers, so manufacturers have improved an the protective features---such as guards and warning signals-on many machines. In addition to these "golden rules" for scrap-related equipment, some recent trends have prompted manufacturers to modify existing machines and offer new equipment to help recyclers meet challenges on two new fronts: ~Qualdty assurance. Scrap consumers have been increasingly requiring their sup- pliers to not only provide higher-quality scrap, but also data that prove quality as- surance in the suppliers' processes and materials, "Quality is a tremendous con- cern," Cohen notes, "and those scrap cotn- paniesthat can guarantee it will be the ones that continue to succeed in the industry," This point has compelled processors to buy equipment that enables them to verify the composition of inbound scrap, produce premium scrap packages, and guarantee the contents of outbound scrap-equip- ment such as optical emission and X-ray fluorescence spectrometers, atonuc ab- Picking Your Trapped Copper Will... Make You More Money. Yflur steel scrap will blir~g more because it's cleaner and Shredders will pay you ® TOP DOLLAR for your pickings..FAST. Make Your Customers ® Happier. Your customers depend on you for low copper, shredded steel scrap. Call.... X205) 2527223 0 Shredders inc. rrRecycling For The Future" Regionally We Buy.. Automobiles for shredding, nvn-terrous metals, and unprepared steei scrap. • p "' . i L a~ i 1 ~ 7$ SCflAP PROG@551NG AND RECYCLING ez on SCRAA Action Card ~IULYlAUGUSf 1993 ~lrotu>~~aN sorption units, and other machines that can determine the precise enmposition of scrap, "The scrap dealer today is as much a metallurgist as a processor," Cohen says. The quality concept also extends to the relationship between equipment makers and their scrap-recycling customers. As one manufacturer notes, "Mach like the auto industry, buyers of scrap-related equipment today are demanding a much higher level of equipment quality and, especially, service quality Manufacturers that can't provide bath won't be in business much longer." r Environmental compliance. More than ever before, the scrap business is a regulated industry. As a result, recyclers are having to upgrade or install equipment to meet local, state, and federal regulations in terms of air emissions, storm water runoff, and more. To this end, manufac- turers have taken such actions as improv- ing hydraulic systems to minimize leaks, creating concrete equipment foundations with retaining walls to hold spills and process water runoff around machines, designing equipment to operate under cover or in an enclosed building, and mak- ing machines that run cleaner and quieter, Buc[c Rogers Here We Coma Scrap-related equipment has certainly come a long way in one century. Some recyclers, in fact, such as Alan Jay Perlman, vice president of F. Perlman & Ca, inc. (Memphis, Tenn.}, feel that equipment makers have surpassed their ex- pectations to the paint that "it ,will take most processors years #o catchup with the technology that already exists:' Even so, manufacturers have no intention of stop- ping now. "Sure, current equipment is competent," one equipment executive says, "but there's always room for improvement " Where will scrap-related equipment go from here? In the chart term, xnanufac- taaa~nrm. n °~ RECYCLING MAGNETS WIVIR NN wi.aulw.Yfl S7nkw. WA LaC~aace, WI Caelwaod, IL "kw'~a` Y1a Lllnneapnlls, NN GhlcaAa, H. 7aWR.a. Y[A Ahe~deer5 SR ALwa Coartq. NN ,YMy,~, yA CranA Raylda, MI Amnc, W Sprl~gfle3A, OH Sranle. WA- --" ~~ dINLI, MI t CAInmWa. bH Hhpne to C+an6a, Ok ~- - - _ Aknon. tlH Elk Pr ''3,. F .. ___ .. ~.~ J f ~ hiarysullle, lnn turers must offer products that can help recyelers address today's unprecedented economic, quality, and compliance challenges, In the long term, severalequip- mentmakers predict new revolutionary ad- vances, though one says, "whether these developments will be lasers, cryogenics, or Star Wars, we don't know" Some recyclers say automated scanning and sorting equip- ment will became more prevalent, while others raise the possibility of robotic machinery being used in some aspects of the business. One paint is certain: As in the past, scrap recyclers will continue to rely on equip- ment manufacturers to help them remain competitive. "You can't be in this business anymore with antiquated equipment and expect Eo be competitive," Cohen says. "Scrap operations in the future will have to be different." Haw different? No one knows for sure, though Joel Denbo, vice president of Denbo iron & Metal Co. Inc. {Decatur, Ala.}, ventures, "What we do in the scrap business Today will look archaic a century from now." Perhaps, in fact, the scrap plant of the future will be something, equipmentwise, that even Buck Rogers would envy, ar uhawr, HY ;Ameabra.NC .'Wi l_~~ N[INDREDS ,Dnrlot Cl Hallam NY GlonCove.HY It~tll~h;fY1~IQ,pC17' 1 ~ttJJ rl 1UJ UU II l1 17 [DTGGAA..11 Brookryn. HY allnAlort, NY C~ ~ 1 11 1~ T A ..i7[Inu~Rfll~l 17. - - II HY . O, HY .i11 ~tAt+ ltAh/ti~i r i lr R. 3)} 0 0 l Ur1 ~~! (rtt p C / / p[~aj ~~4:13YG11 I~~I1t7f- ,pq . ~ bE ia, xo Lewislan, PA riaaAnnTawnshiP, PA ErayvAU. IH Athnha, GA becalm. 0.L Bliminhham, qL i dasheonwlle FL ~ AL L9Wr. LN~ I _...__,...., \ rWaa. ar Alrmohia. SA` Sl alaiy,FA FAYt11uYl, AA Salon Rowae,LA WwLLu.rL Galena Peik TX ~. MaaUdn iN 6lID on SCRAP Action t:ard mono Rtrrr, FE -PainBud4 FL REPRESENTATIVES IN USA & woR~ow~ot; You can get a complete 1'BCOmRI@R(tatlpn and quotation. Call us at the factory at 414-672-7830. You'll be cnnneoted with a sales engineer who car= glue you IniorrFratlon and expert advlpe. C wing magnetic gttowp 78 SCRAP PROCESSING ANII fit.CS'CLING JuLViAususr 1993 ~oolutiondu~kry SCRAP'S MARKET STORY In the,~fth instalment of or~r year-long series, we look at how scrap materials, sr~ppliers, consumers, competitors, and ~rwre have changed over the years, BY KENT KISER Kent Kiser is associate editor of Scrap Processing and Recycling. The universe of commodities the U.S. scrap industry has handled over the years encompasses just about every type of fer- rous, nonferrous, and nonmetallic materiai known tQ humankind-that is, anything that could have value if put to new use and could, thus, he sold. Of course, that universe has evolved and expanded with time, as market shifts, technological de- velopments, and-mare recently- political influences have prompted addi- tions to and deletions from the list. Other scrap market factors have likewise changed, including where scrap is found, how it is marketed, and who is competing for it. And this constant transformation isn't likely to stop anytime soon, After all, the market forces on the scrap industry are merely a reflection of the forces on the world as a whole, and the world isn't abnut to stop turning. Proem Banes to Plastics America's earliest recyclers were predominantly generalists, founding their fledgling businesses on a potpourri of scrap materials, from iron and steel to cop- per, brass, pewter, lead, nickel, tin, and zinc, to a host of nonmetallic items such as pager, glass, rubber, burlap, rope, beeswax, textiles, bones, leather, hides, furs, and even human and animal hair. As America's industrial revolution brought new technological advances in the early- to mid-190Qs, many recyclers began phasing out the more "primitive" scrap items, such as bones, while. adding pre- ciousmetals and newly popular materials such as aluminum, stainless steel, and "high-tech" metals-high-speed steel, monel, inconel, nickel-chrome allays, cobalt alloys, bismuth alloys, tungsten, molybdenum, tantalum, and cadmium. With maw commodities ko process and recycle, same also began to specialize in certaintypes afscrap--a trend thathas in- creased inmany instances throughout the decades. $EPt'~M9ERiOET08ER 1993 SCRAP PR4CESStHG ANi3 RCCYCLING 7T Evatunorl The raster was further expanded in the 1950s and early 19bQs, as the United States entered the jet and space age, and a new class of "exotic" metals-including boron, columbium, titanium, and vanadium-hit the scrap scene in the form of all kinds of high-temperature alloys. `Anew alloy is introduced nearly every week-and some- times more frequently--to perform some specialized task," stated one reeycler in a 1961 Scrap Age. "Whatever the gyrations in the American economy, the scrap indus- trywill behandling larger proportions of alloy scrag:' The 1960s also saw the nation leap into the electronic and computer era, which generated not only a stream of ]ow- grade scrap items containing precious metals such as silver, gold, and palladium, but also a new grade of scrap paper' com- puter printout, „~haterslk'thif ~yradtl r 3 9CQn8nly, th8 8Cl`~p hl~a~ ~k. hsirid~ng [srp~ ~e~n~uar~ ;~ stated sne ~ecy~ ~ _# ~ Throughout the 1970s and 1980s, recy- clers continued to expand their scrap scope to include old commodities in new forms, such as all-aluminum used beverage cans (UBCs), which one broker calls "the big- gestitem recycled today." And with the ad- vent of automotive catalytic converters in the mid-1970s, other opportunities arose to recycle the platinum-group metals- platinum, palladium, and rhodium, In more recent years, some new-and primarily municipally collected-- materials have been added to the scrap list, including plastic bottles, glass containers, steel cans, old magazines, tele- phone books, and scrap tires, Ironically, many of these items were recycled in previ- ous decades, especially during wartime, but they faded from the market for years until the recant waste disposal crisis and public cIamnr to recycle brought them out of semiretirement. Thus, today's recognized list of scrap commodities is broader than ever, as can be seen by comparing the 1993 scrap specifications published by the Institute of Scrap Recycling Industries (ISRI) (Washington, D.C.) with those distributed in 1938 by the National Association of Waste Material Dealers (NAWMD), an ISRI predecessor, The listings for nonfer- rous scrap have risen dramatically from 35 7g SCRAP Pi{OCESSINQ AND RECYCLING to 128 grades, thanks to additions such as UI3Cs and other aluminum products, mag- nesium, nickel alloys, and stainless steels. Specifications far paper have increased from 24 to 51 grades-plus another 33 specialty papers that are listed without specific guidelines--due tomore-detailed distinctions in existing grades and the emergence of new grades, including office paper and polycoated stock. Interestingly, the number of ferrous scrap classifications has decreased since NAWMD's 19381ist from I24to 112, par- tia]lythe result of changes in steelmaking technology-and, thus, scrap require- ments-and the discontinuance of some steel products. Even so, new ferrous clas- sificationshave been added throughout the years, most notably shredded scrap. The NAWMD publication also lists 35 grades of scrap rubber as well as dozens of types of rags, wiping cloths, bagging, hosiery, and twine. While ISRI's circular no longer covers these materials, new rubber specs are expected to be added in 1994 along with those for furnace-ready glass-a new convnodity for the circular, Already, ISRI's guidelines include specifi- cations for 27 kypes of scrap plastics and an identification checklist for precious metal-bearing scrap, neither of which appeared on the 19381ist in any form. WiII the universe of scrap materials con- tinue to expand? Weighing in on the yes side is the fact that manufacturers will con- tinue to develop new and modify existing materials, while government at all levels and the public will continue to push to recy- c1epreviously disposed materials, which could create new opportunities for recy- clers. Some scrap firms are already explor- ing the recycling potential of such novel items as milk cartons, household batteries, fluorescent fixtures, oil filters, and nuclear and low-level radioactive metal. On the other hand, the scrap material list could shrink for several reasons: Some items may become too costly to handle in the future due to government regulations and potential environmental liability, others may disappear due to replacement or changes in manufacturing, while still others may go begging for lack of consum- ing markets. Oetting to the Sotrfe~ Just as the roster of scrap materials has evolved over time, so have the available scrap supplies as well as the sources of scrap. In recent years, these supply-side changes have stemmed primarily from some easily identifiable market trends, On the macroeconomic level, the U. S. industrial base is reportedly contracting as the nation Ieanstoward aninformation- and service-based economy. And as industry shrinks, the scrap generated by manufac- turers also shrinks, which means there's less pmmpt material available to recyclers. On top of that, manufacturers have also been improving theirproductionprocess- es in an effort to genera#e less scrap and, hence, reduce costs, As one capper wire manufacturer stated flatly in 1992, "We look to zero-percent scrap as an objective of quality." In another trend, same manufacturers have been steadily reducing the amount of certain materials used in their products or phasing them out entirely far cost-cutting and product performance reasons, 'Fake precious metal consumers, for example, who are already using less silver, gold, and palladium in their electronic circuit boards. This trend can also be seen in nn- goingefforts to develop a silveriess phato- graphicfilm and aplatinum-free catalytic convener. And who can overlook the in- creasing use of aluminum and plastics in automobiles at the expense of steel. This type of material substitution and reduction will certainly continue and could further diminish supplies of both prompt and obsolete scrap of some commodities. In the future, the supply of some indus- trialscrap inthe United States could be af- fected by what's known as international sourcing. In this scenario, nations promise to buy certain U.S, products, but only if soma or all of the products are made in those countries. This type of trade-off draws manufacturing capacity-and, thus, scrap supplies-away from the domestic market. "As a result, you'll see a lot of what was once an all-American-made product becoming an internationally sourced product," says Joseph R. Jiampietro, presi- dent of Aeromet Inc. (Ufica, N.Y.). As the industrial supply of same scrap materials has shrunk, recyclers have had to compete more aggressively for available SEP~EMSERlOCiOBER ~~1}3 Elrowl~oer supplies and find new, nonindustrial scrap sources. Paper recyclers,far one, have begun "mining" old newspapers and old corrugated containers from previously un- tapped sources such as hotel and motel chains, businesses, airlines, train stations, and bus depots. Likewise, other recyclers have begun drawing material from such diverse sources as municipal incinerators (see "Out of the Flames;' beginning on page 57), national and state parks, hame- improvement retail stores, theme parks, and even prisons. Municipal curbside and oflzce collection programs-and, hence, waste haulers--- have also become significant new scrap sources. Paper recyclers, far instance, used to get mast of their newspaper supplies from peddlers and paper drives sponsored by charitable organizations, but nowadays they are more likely to work with waste haulers and municipal drop-off centers to get the scrap. Scrap In the Quality Age The ways that scrap is processed have also changed over the decades, prompted in.part by advances in processing equip- ment such as development of wire chop- ping systems and. shredders. Such ma- chines have enabled recyclers to produce entirely new grades of scrap out of tradi- tional materials. In addition, while the goal of process- ing has long remained the same-to pre- pare scrap to meet consumer demands- the demands themselves have become more stringent. "The duality movement has been the mast significant development in our industry in recent years;' says Marty Forman, president of Forman Metal Co. (Milwaukee). "Youx ability to meet very tight specs is what determines your abili- ty to survive nowadays. Consumers don't want to buy junk. They're buying a feed- stock that has to perform." As park of this effort, many consumers have been requiring recyclers to implement statistical process controls in their opera- tions and provide data to prove that their materials meet the required quality specifi- cations. Far some recyciers, this can mean guaranteeing scrap purity in parts per mil- lion. "Consumers will be increasingly demanding better duality scrap with less and less residual and trace elements, to the point where there must be no contamina- tion whatsoever," Jiampietro says. And what do recyclers get for meeting these new quality standards? They get to continue doing business with their quality- consciousconsumers. As one scrap recy- cling firm chairman observes, "You won't be in business tomorrow unless you ship quality scrap today:' These demands, coupled with con- sumers' expectations of better service, have also changed the ways snme proces- sorspackage and deliver their material, it's not unusual, far example, for some recy- clers toprovide scrap in premixed charges that meet the exact specifications of apar- tlcularconsumer. "We Can tailor an entire heat so that all the consumer has to do is put the scrap into its furnace," says one nickel-alloy executive. ,,~.; NOIi~PI'~ ~~; away froal a pl'dg ~ . _k "~ malika3 ~~lde~~6y 111t`41I~`, ,,- aKCha~gas. ~ ~"° Consuening Conslderatlons As for who consumes scrap, there's been a definite evolution over the years, representing positive as well as negafive ef- fects on recyclers. On the plus side are changes such as the growth in scrap-fed, eleckric-arc-furnace steel minimills, the emergence of aluminum minimills, and the expansion in paper deinlcing capacity. Also, as scrap firms explore opportunities in other nonmetallic recyclables, they could access a new world of consumers. On the other hand, there's been a similar steady decline in the number of secondary aluminum, brass and bronze, lead, and zinc smelters, "The whole nonferrous in- dustryhas been decimated as far as num- bers go," says one Midwest recycler. The geographic location of same scrap consumers has also changed, which has brought about "a tremendous change in the way some scrap is flowing today;' one in- dustry expert says. This can perhaps best be seen in the thinning of nonferrous con- sumers in the so-called Connecticut Yal- leylNortheast Capper Belt, where many consuming companies have either shut- teredtheir operations or relocated ko more hospitable regions of the country. When it comes to the actual buying and selling side of the business, nonferrous recyClers have seen a shift away from a producer-price system to a market guided by the worldwide commodity exchanges, specifically the London Metal Exchange (London) far aluminum, copper, lead, nickel, tin, and zinc; the Commodity Ex- change inc. (COMI:X) (New York City) for copper, silver, and gold; and the New York Mercantile Exchange (New York City) for platinum and palladium. These exchanges---which deal in primary metals as well as secondary aluminum alloys, but not scrap--give scrap processors and con- sumers ameasuring stick against which to base the buying and selling prices for scrap on aminute-by-minute basis. While most nonferrous processors lock to these ex- changes only for price guidance, in mast instances setting their prices at a "deduct" to the exchange price (on rare occasions, bare bright copper scrap has sold at a premium to COMEX spot copper), snme use the exchanges to lock in a forward price for the sale of material, hedge their inven- tory, or forpurely speculativepurposes. in any case, "all nonferrous recyclers have to run their businesses in relation to the com- modity exchanges today," says one execu- tive, who adds that "the exchanges have increased volatility in the market, which is sometimes good and sometimes detrimental." Ferrous market participants got a taste of their own contract when the Chicago Mercantile Exchange (Chicago) estab- lished ashort-lived ferrous scrap contract in the 1950s, Tgday, however, there are no comparable exchanges to direct ferrous and paper scrap prices, though the Chica- goBoard of Trade {Chicago) has been at- tempting to establish a futures market far ferrous scrap, as well as a cash market for other scrap commodities such as paper, plastics, and glass. Until then, at least, recyclers of these materials will continue to buy their scrap primarily based on per- sonal market experience, regional de- mand, their relationship with the supplier, and quotes offered in industry publica- tions. On the selling side, steel and paper mills still largely determine prices, further supporting the adage that scrap is bought, not sold, Still, there have been some changes in how ferrous scrap is priced and sold. Traditionally, for example, the bid prices for No. i auto factory bundles have been the standard nn which prices for other fer- rousscrap were based, Most automakers, however, have dropped out of the monthly No, 1 bundle auctions, instead contracting directly with processors to handle all scrap generated at a given plant. if this trend con- tinues, recycIers will have to find another "bellwether" price or look for other indi- 8~ SCRAP PROGESSING ANR RfL'1'iCLING SEPfEMBERIOCfOBER 1995 EYt)WTIOH caCors of proper selling prices. Some in- dustry observers note that the No. i heavy-melting scrap composite price, as listed in IronAge and theAmertcan Metal Market, is the current price guidepost for ferrous scrap, Mesting the Cotnpstltlon Scrap recyclers are used to having to weather tough times and compete for material, but in recent years they have had to adapt to unprecedented challenges from two sources: government and waste haulers. Municipal governments, for one, have disrupted the markets of some scrap materials through their curbside "recy- cling" programs by collecting some items with apparent disregard for whether de- mand can support the collected supplies. More ominous are current efforts by some municipalities to establish flow control laws that would dictate who can collect and market recyclable materials-including scrap-generated within the municipality. "Municipalities are beginning to look at -the excruciating costs to recycle certain postconsumer materials, and the result is that they may want to become involved in the more profitable areas of scrap recy- cling;' Forman says. "Such proposals could put traditional recyclers in the poorhouse:' Meanwhile, some state governments have already passed or are considering passing bans on the landfilling of some materials, such as scrap tires and used oil filters, and these bans could be extended to cover other difficult-to-dispose materi- als and perhaps require their recovery through recycling. Such requirements would be negative in that they could direct more material into already-oversupplied scrap markets, but they would be positive in that they would maximize recovery of some materials and perhaps create new sources and opportunities for scrap recyclers. As for the federal government, Super- fund, the Resource Conservation and Recovery Act (RCRA), and other environ- mental laws have made handling certain scrap materials--such as lead-acid batteries-extremely worrisome and potentially devastating financially, prompt- ing some recyclers to stop accepting such materials. In addition, recyclers continue to labor under the burden of having their scrap commodities deemed "waste" under current RCRA language. Meanwhile, waste haulers pose a dsffer- entchallenge as they position themselves to become more-direct competitors for materials and rnarkets with scrap recyclers. Tn recent years, waste haulers have been rapidly building material recovery facili- ties (MRFs) in which they process and market not only residential items such as glass containers, plastic bottles, and steel cans, but also some mainstream scrap materials, such as newspapers, corrugat- edboard, and aluminum cans. Tb meetthe threat posed by waste haulers, same scrap companies have began handling household recyclables, started forging recycling ties with municipalities, and, in some cases, even established their own MRFs; On another competitive front, some scrap consumers have even turned the tables on their scrap suppliers byestablish- ingtheir own scrap divisions, which ena- ble the consumers to control their scrap needs and, thus, reportedly reduce their raw material casts and became mare com- petitive. Some steel mills, for instance, have established theirown on-site process- ing facilities, complete with shredding equipment. On the material level, some scrap com- modities are facing competition from al- ternativematerials. Tn the mast prevalent case, steel scrap continues to be challenged by direct_reduced iron, iron carbide, and hot-briquetted iron, though most on the consuming and processing ends see these materials as complements, not competi- tors, to scrap. These challenges mean that recyclers must be vigilant in protecting their exist- ing markets, yet flexible enough to adapt to and capture new scrag opportunities. "The scrap industry has to be like a tennis player waiting to receive a serve," says For- man. "The player is continually jumping from one feat to another, so he's already in motion and ready to react to something that's going to happen quickly. That must be the status quo readiness for scrap recyclers:'^ SEPrEMBERrOCT06ER 1993 SZ SCRAP PROCESSING ANO RECYCLING E~olulio~duslry THE REGULATION REVOLUTION The business of scrap recycling is worlds different today than in previous decades. This final segment of our 50th anniversary series examines the regulatory and market changes that have brought about this trans formation, BY KEN71USEi=t KenE Kiser is associate editor of Scrap Processing rind Recycling. Once upon a time, the scrap recycling business, like many other industries, was essentially unregulated. "When I came into the business in 1946," recalls Fred Berman, chairman of Berman Brothers Iron & Metal Co. (Birmingham, Ala.), "the biggest problem was making a buck, not worrying about regulations." Prior to the 1960s, in fact, the industry faced little more than the occasional price and export controls, wage and hour laws, proposals to dater scrap theft, and zoning restrictions, What other "regulations" existed were largely self-imposed---a matter of follow- ing one's instincts to do the right thing- or offered as recommended practices by the industry's trade associations. Today, the fairy tale era of nonregulation is only a sweet memory. As Noah Liff, chairman of Steiner-Liff Iron and Metal Co. (Nashville, 'Ilrnn.), states: "New, government regulations absolutely dominate all aspects of our business:' These regulations have changed the face of the scrap business forever and placed increasing burdens on recyclers in terms of paperwork, managerial time, and monetary expenses. While the most dramatic developments have been on the environruental front, other changes have occurred in the areas of labor, safety, and general business management, ~abor~ag Over ~.abor Issues Some of the earliest federal regulations that affected the scrap industry dealt with labor issues. The National Labor Relations Act of 1435 gave workers the right to organize and bargain collectively, and many scrap plant workers ware targeted for unionization due to their direct reIatinnship to the steel industry. In addition, the Social Security Act, also passed in 1935, put new financial and accounting demands on employers. These laws were soon followed in 1938 by the establishment of a national minimum wage-25 cents an hour, which was already a common salary for scrap NOVEMaERlDECEMBER ~~~3 SCRAP RROCESSING qNp R@CYCLIN6 rJ5 EYOIUilflN plant workers to earn, By 1950, the minimum wage had climbed to 7S cents an hour, and today it stands at $4.25, though the majority of scrap plant employees make well beyond that, "We have nobody earning anywhere close to minimum wage;' says Arnold Lachman, president of both Lachman Metals & Recycling Co. (Fort Worth, Texas) and the Institute of Scrap Recycling Industries (ISRI) (Washington, D.C.), "Our wages are higher today because they're market- driven;' Throughout the decades, the number of employment regulations facing al] in- dustrieshas mushroomed as workers have demanded higher Wages, better benefits, safer working conditions, and broader rights. For evidence of this trend, look no further than the passage of the Occu- pational Health and Safety Act, the Americans With Disabilities Act, and the Family Leave Act, as well as the formation of the Equal Employment Opportunity Commission and the enforcement ofwork- related sexual harassment laws.l3mployee- rclatedissues have become soprevalent- and so time-consuming-in Jact, that marry scrap firms now employ a dedicated per- sonnel/human resources manager, something that even some of the largest firms didn't have .much need for just a decade or so ago. While regulations have certainly dic- tated labor changes in the scrap industry, market factors have also played a role. In short, recyclors realized that to be as pro- ductiveand, thus, competitive as possible, they needed the best employees available. "With the higher rates we're paying for labor thew days," Hated Berman in a 1968 issue of ScrapAge, "it becomes imperative that we have the best-trained and mast- qua]ified people on our payrolls:' 'Ibday, in their efforts to attract and re- tain the best employees, many recycling firms offer an impressive array of benefits"things that would have been unheard of when I entered the business in the late 1930s," says Seymour K, Padnos, chairman and chief executive officer of 5S SCRAP pRCCE53ING AND RECYCLING Louis Padnos Iron & Metal Co. (Holland, Mich.). What kind of things? Haw about profit sharing, paid life and health in- surance, pension plans, on-site literacy and computer classes, scholarships for children of employees, monetary product lion and safety awards, English language courses, uniforms, picnics, and employee lunch rooms and showers. There are also scrap companies that will pay their employees' continuing education expenses if they take courses that will be helpful to the business, firms that reimburse employees who work out at a health club on a regular basis, and plenty of variations on the many themes. The downside to all of this is that "lobar costs have gone through the roof," as one recycler states. These costs, as well as regulatory limitations, in fact, have prompted some companies to seek ways to limit their number of employees through mechanization, reorganized labor forces, and other strategies. Still, the benefits of treating employees right Far outweigh the disadvantages, recyclors have learned, "We have very lit- tle to rnover, our productivity is high, and our accident rate is low," says Liff, whose f rm offers a number of innovati ve benef is and employee motivation practices. Offer- inggreat benefits has also diminished the role of unions in the scrap industry, some claim, "The scrap industry is much less unionized today than in the past;' Padnos says, "Management has become more enlightened and we've beaten unions at their awn game by giving employees what the unions would ask you to give thorn :' There's one other element to these labor changes, and it is simply the peaple- facused nature of most scrap businesses. "I recognize that my business has a profes- sional side arrd a human side;' Lachman says, "so I try to respect every person and give them as much opportunity as pnssible: ' Playing it SafFe Talk with scrap executives today a€iout safety, and they'lI say things like "It's an everyday concern" and "It's a constant awareness" In this age of high workers' compensation insurance casts, potential injury lawsuits, and government regula- tion, recyclors can't afford not to have safe plants. In the old days, "there was emphasis but ignorance in the industry regarding safe- ty," says a scrap veteran, "Companies didn't know what to do to be safer." Many pieces of processing equipment had no protective guards, in-plant mobile equip- ment didn't feature backup beepers, and employees weren't required to wear safe- ty apparel such as hard hats, protective goggles, and ear protection. As the industry became more mecha- nized inthe I940s, scrap recyclors saw the need to take more safety precautions. "The mare machinery you put #o work, the mare careful you have to be," Padnos says. By the end of the decade, the industry's trade associations wcre encouraging recyclors to improve their safety practices and, to this end, sponsored annual "Safety Week" pro- grams and recognized companies with ex- cellentsafety records. Then came the Occupational Safety and Health Act in 1970, which required em- ployers to keep records and submit reports on occupational deaths, injuries, and ill- nesses, and created the Occupational Safety and Health Administration (OSHA} to oversee the Iaw, "Though ostensibly a paperwork headache foisted upon them by the government," said .Scrap Age in I978, "many scrap processors discovered that such detailed injury record-keeping en- abledthem todiscover apattern ofillnesses or in}urie5 and take steps to prevent recurrences:' Since 1970, safety has become a religion for many in the scrap industry, who have learned that safety has a direct connection to productivity and, thus, profitability. Many companies have implemented elaborate safetylaccident-prevention pro- grams to reduce their lost-time injuries, farming safety committees and teams, holding regular safety meetings, drafting company safety manuals, providing safe- ty training programs, requiring employees to wear safety apparel, demanding rigorous plant housekeeping, and offering rewards to employees with the best safety records. "We give employees an incentive to work safely," says Padnos. "We d rather pay our people than pay premiums to an in- surancecompany." The results speak for themselves, as many firms can boast going more than a NOVEMBERlQEGEMAER ~ 9g3 EYQ1LUi10N year without alast-time accident. The main benefits of these efforts-in addition to preventing injuries-is that they boost employee morale and reduce workers' comp costs. The enviable safety record achieved by M. Lipsitz and Co. Inc. (Waco, Texas), for example, enables the company to pay 82 percent less than the state's stan- dard industry rate for workers' comp in- surance, and other scrap firms have similar success stories_ Incoming years, the industry's emphasis on safety is sure to intensify as government safety standards continue to ratchet tighter. Congress recently increased penalties sevenfold far noncompliance with the federal safety law, not only raising the dollar levels of the penalties, but setting projected revenue goals for OSHA. At- tempts are also under way on Capitol Hill to revise the law to include more general safety principles and place additional responsibilities on employers. Bearing the En~ironn~entai Burden . Environmental regulation. To many- even most-in the industry, those two words sum up the biggest threat in recent decades, and perhaps ever. As one ex- ecutive asserts: "Environmental condi- tions control our industry." Things were not always this way, of course. Through the 1950s, the scrap in- dustry had few environmental worries. That began to change in the 1960s, however; as air pollution became an issue, prompring recyclers to curtail their then- comntonplacepractice of open-burning of insulated wire and auto hulks. Soon aftex came the Highway Beautification Act of 1965-also known as Lady, Bird Johnson's "War on Ugli- ness"-which sought to not only get aban- donedcars off the streets, but also to spruce up "unsightly" industrial areas-including scrap operations. Recyclers respondedby stepping up their car recycling efforts and launching a voluntary "green screen" pro- gram in which they erected fences and landscaped around their operations. "Those folks have been wonderfully cooperative," said Lady Bird Johnson at the time. "It's just wonderful the way they're cleaning up the landscape:' By the late 1960s, it was clear that the en- vironmental age was here to stay and that environmental protection would become a highly politicized issue, As I.D. Shapiro, then-president of United Iron & Metal Ca. ~a SCRAP PRfICESSING ANQ RECYGtING Ina (Baltimore), noted in a 1968 edition of Scrap Age: "We can no longer be blind to the fact that the public demand for cleaner air, pure water, better cities, and amore beautiful countryside is being heard in our city halls, our state houses, and in the United States Congress. And we are at the center of much of this controversy." ~:a The formation of the Environmental Protection Agency in 1970 marked a milestone in the environmental regulation era, and afterward the federal government passed one environmental law after another--the Clean Air Act in 197D, the Clean Water Act in 1972, the Resource Conservation and Recovery Act (RCRA) in 1476, and the Comprehensive En- vironmental Response, Compensation, and Liability Act-commonly lazown as Superfund--in 1480, to name a few. )n response to this tarring point, in 1971, Calvin Lieberman, then-president of Ace Steel Baling Inc. (Toledo, Ohio), warned his fellow recyclers of this threat in the pages of Scrap Age: "Legislation can put anyone and everyone out of business, and at the very least cost you a tremendous ex- penditure offinancial resources in combat- ting illogical and improper laws and regulations" Still, thanks to legislative delays, the scrap industry didn't feel the full effects of these laws until the early to mid-198()s, when it became apparent to many that some of these laws were being interpreted and implemented in ways never intended. Who could have anticipated, for example, that scrap would be considered "waste" under RCRA, or that the Superfund net would be cast so broadly as to hold recyclers liable for "arranging for the treat- ment or disposal of a hazardous substance"? "It's a nightmare," says Gachman. "Nobody in their wildest dreams could have imagined this. It's gone way beyond the intent of the law." 'Ibday, environmental laws are financial- ly straining scrap companies on two fronts: First, the costs of environmental com- pliancecan be astronautical, wish money being spent on environmental consultants, hard-surfacing and roofs for operations, radiation detectors, state-of--the-art baghouses and storm water collection systems, and more. "I'm all for a clean en- vironment," Liff says, "but The reality of the situation is that compliance is a very, very expensive experience. It's to the point where our environmental costs are almost approaching our production casts: ' Liff estimates, in fact, that Steiner-Liff spends approximately SO percent of its investment capital and devotes a third of its staff #ime on regulatory compliance, including en- vironmental matters. "These are in- vestrnentsthat don't [Hake you a nickel, and they.have little to do with increasing effi- ciency and productivity," he says. As Ber- man notes, "You can spend so much time on these things that you hardly have time to look after your business" Second, some recyclers have had to pay for site remediation or settlements as potentially responsible parties under Superfund. "These taws may put a lot of people out of business, and only the strong will survive," says Tom Salome, president and chief executive officer of M. I,ipsitz. Thus far, most recyclers have absorbed these expenses, seeing them as a necessary evil of doing business today. Eventually, however, they may have to start passing these costs on to their consumers as other industries have done, Salome says. The threat vfliability could also change the way recyclers work with their sup- pliers, and some scrap executives predict that suppliers may soon choose kc work with particular recyclers based not so much on price and service as on which firm can guarantee environmentally sound handling of the material. An unfortunate-and ironic-result of the myriad environmental regulations is their negative impact on the recycling of obsolete scrap. "The more regulations there are, fhe more counterproductive it is to get material off the street and get it recycled," Liff explains. This is because some recyclers may stop xecycling certain materials due to the potential enviranmen- talliabilities related to thosematerials, and because some recyclers may be driven out of business by the high casts of com- pliance, thus reducing the number of buyers of obsolete material. The irony is that the very regulations that are supposed to protect the environment can add to the problem by discouraging the recycling of certain materials. NOVEMBERldECEMBER 1993 ` / `• ° Wishing you loads j of goodwill at this TRANSPORT Holiday Season '. SEAVIOES "'°. ~.'-~'"`~-'1 ~ ~ ~,reeR~,ea,~o and u prosperous ~°~"°`' ~'oridm New Year 4~ [nrllmt. of ger~p R.eyerrnp Indo.RM1~, fns. SPECIALIZING iN THE TRANSPDATAT3oN OF NON-FE3RROU$ METALS -8~fl"32~J-FJt)04 U.S. WATTS 3Si on SCRAra ~ ~N R, o'NEiLL L ~ "800-433-J~6fl3 FLORir]A WATTS Aailorl Card REPRESENTATIVES Wvadward-Clyde Englnsering a sciences applied to the eaRh !k its environment Envirorunental Auditing and Risk Assessment • Starar Water i'ermitting Contamination Assessment and Remediation • Site Drainage Planning PoIlution Prevention • Control and 'Ilreatment of Oily Discharges Design and Construction Phase Services • Environmental Monitoring IAdrIBER In.tihel. oeSerap (S } p~`y`~ ~t9 on 3GRAP Act#nn Card \if/ ~"~,M'G Call Dave Kendzlorakt at 4i4-3S9-2424 ~ * ', ~..,~;. BALDER ,{~ `~~ Heavy Duty Luting Magnet Generators THE BEST Cash prices on NEW pram 10 KW 15 KW 20 KW 25 KW cum quality 230V DC generators $1875.00 $3223,00 $3510.00 $3847,00 Cali 1-800-7fi2-fi124 Complete Service & Technical Welp Available Fax 1-800-232-3732 Controllers, Magnets, Parts Available Also One Year Warranty • Built In USA Manufacturer! for use as a Magnet Power Supply Recycling Equipment Connection, Inc. P.O. Box 480 •Garner, Nor#h Carolina 2T529 60 SCRAP PRDGESSING AND RECYCLING O an SCRAP Action Card ~.~tUTIOR Tn the face of these regulatory challenges, recyclers express mixed feel- ingsabout the industry's future. "If idiocy prevails, the government could regulate the industry out of business," says Berman. "You have to watch everything the coun- ty, state, and federal governments do to make sure they're not putting scrap pro- cessors under impossible restraints" On the other hand, Lachman says, "Reason and good sense normally prevail, anal i think that's what should and could oc- cur inthis situation" Or, as Padnos adds philosophically, "This too will moderate, it will become livable, but God forbid you should be one of the examples" The Art-and Science-of Business Management Ta keep pace with these regulatory changes-and remain competitive-scrap executives have had to change their management approaches, While operating a successful recycling f rm is surely an art, it has-by necessity--also become more and more of a science, often based on the precepts of total quality management, In the early 1900s, most scrap businesses were imprecise, unmechanized, seat-nf- the-pants operations. ]~'ew recyclers knew their exact costs of operation or had a strategic plan, and even fewer worried about the dynamics ofplant layout, quali- ty control, and employee motivation. In the 1940s, however, as the industry becatne more machinery-intensive and began handling a larger volume of material, the hnportance of effective management became clear, In response, the scrap industry's trade associations began offering management training seminars, but it wasn't until the 1960s that recyclers seemed truly awakened to the ideathatthey could run their businesses us- ing the same advanced management techniques as other industries. To push this trend along, ,crap Age began running a "Scientific Management" column in 1967 rimed at "helping business firms to achieve their maximum profit potential htnugh scientific management: ' Qver the years, running atop-notch operation has meant modernizing and 1VDVEMGERlDEGEMBERiJ93 Evow~lara automating as many functions as possible. At first, the scrap industry had to overcome what one observer called "technertia," defined as a slowness to adopt new technology, but eventually recycIers saw that automation was the catalyst to effieien- c}r, and effiiciency was the key to profitabili- ty. Scrap processing operations were na longer "junkyards,' but, rather, manufac- turing plants without a roof. Since the 196~s, scrap executives have continually rel"tned their management techniques, often borrowing ideas from other industries. The growing use of com- puters and on-line information services, greater mechanization, and implementa- tion ofstatistical process controls in pro- cessing operations all pointto mareprecise management. Nowadays, in fact, many firms even track the downtime of every ma- jor piece of equipment and monitor pro- duction every hour on the hour. To keep up with these demands, most recycling firms employ a plant manager who ensures that all operations run smoothly. While this focus on management tech- niquescertainly has its advantages, there's at least one drawback. "We've taken the romance out of the business," says Lachman. "Workusedtobefun,butnow everything is so formalized. You've got computers, you have to fill out a million reports, you have to analyze everything before making a commitment, and there are many more rules to abide by." Considering all of these regulatory and business challenges, one wonders haw recyclers manage to operate these days. "Very, very carefully," Liff answezs, ad- ding, "The regulations are here and we have no choice but to comply" Indeed, the regulation-free scrap industry of yore is gone forever, so recyclers must adjust tp the current demands of the business while atsn preparing for future chaIlenges. And though the business is no fairy tale any longer, the hope is that the future will nonetheless find recyclers and the entire scrap industry living happily-and prosperously--ever after. ^ Picking Your Trapped Copper Will... Make You (Ill~ere Money. Your steel scrap will bring more because i#`s clearer and Shredders will pay you TQP DOL.E~A[=t for your pickings..FAST. Make Your Customers Happier Your customers depend on you for low copper, shredded steel scrap. Call.... X205} z52-~~z3 0 a Shrad~er~ i~~. "Recycling For The Fufure" Regionally We Buy.. Automobiles for shredding, non-ferrous metals, and ttnpreparad steel scrap. ~~ i~ • i l } ~ 1 f + 62 SCRAP PROCESSING ANb RECYCLING 82 on SCRAP Action Card IVpUEM9ERIDLCEMRER 1893 ors SCRAP Actlon Card 3. The City Commission has applied the LDR requirements in existence at the time the original request was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 15th day of March, 2Q11, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin City Clerk 2 LAw o~lci;s MICiIAEI, S.'WEINER JEFFRET' C. LXNI~I: xn~n C.'1'nN~s PRO i ~ ~s~orrAL nssocrATTON lU Sisa ls'AVEN[JE D~~' BEACH, li`I..ORIDA 33,44 TEI,EPHQNE (561) 265 - 266f~ rn.csrnur.E (561) 2'72 - 6831 J~.~rrr~Czo~vE~nw.co~ www.zo~vEr~w.con~ LAURiE A. Txon~sonr, P.A. or COIII~SEL January 14, 2010 Mr. Paul Dorling Director, Planning & Zoning Department City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Request for Administrative l3etermination Rental of Electric Bicycles in CBD .zoned Properties Our File No.: BORJ002 Dear Paul: VGA .I~.A1VD DEL.IJ~,RY We write with regard to our client, The Electric Experience, with a principal place of business located at 1047 E. Atlantic Avenue, which is a CBD zoned property. With receipt of this letter, we are respectfully requesting a formal adminis#rative decision pursuant to Section 1.4.1{C} of the City's Land Development Regulations ("LDRs") confirming that: (1) CBD zoned properties-allow for the rental of bicycles as a "permitted" use; (2) The term "bicycles" is oat a specifically defined tearrn in the LDRs; {3} Chapter 72 of the City's Code of Qrdinances ("Code"} provides the only definition of "bicycles" within the laws regulating the City; {4} Section 72.02 of the Code defines "bicycle" to include: "Every vehicle propelled solely _ by human powex, or any moped propelled by apedal-activated helper motor with a manufacturer's certified maximum rating of one and one-half brake horsepower"; (5} Florida Statute s. 316.003(2), defines "Bicycle" to mean: "Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 mph on level ground upon which any person may ride, having two tandem wheels, anal including any device generally recognized as a bicycle though equipped with two front or two rear wheels"; ~,~ ~., ,....: (~-` its :.:. - 3 ~' . .__, . ., _. 1 ':. j1., .: ~ ;: ~~ r..... ...••1 y .. .... ....~..._.,. lytr. Paul -orling .ianuary 14, 2011 Page 2 (6) The term "bicycles" as set foxth in Section 4.4.13 of the LDRs governing CBD zoned properties therefore includes "vehicles propelled by a combination of human power and an electric helper motor"; and (7} Pursuant to Section 1,4.5 of the LDRs, changes to the wording of definitions and{or the addition ar deletion of definitions in the LDRs may be made by the City Commission upon. adoption of a Resolution after review and recommendation by the Planning and Zoning Board. Upon your receipt and review of this letter, we are respectfully requesting a timely written determination as to these points so that our client may have clear guidance when operating his business in the City and any zoning process required going forward. As always, we deeply appreciate the time and attention you give to all matters. Please do not hesitate to contact us in the interim should you have any questions or concerns regarding this matter. 'V'ery 'Truly Yours, ;, ; OFF JCL:mmi ' Cc: Brian Shutt, Esq., City Attorney (via hand delivery) Mr. Jason Borden (via e-mail) Michael S. Weiner, Esq. Ms. Ashlee ~,. Vargo 0:1BpR30021Letter to PauE E7arling re Request for'Writfen laeterminatiorl.Jdn 14 20 i t,docx ©EL~AY BEACii r ~ v ~ i o r . iuo n~.w. 7st AvEnsue ^ C7FI..RAY BEACH, ~~C3R,I~A 33¢4 5;s1J243-%DDD All-America City ~F) 1~)9 'Z001 February 7, 2411 David W. Schmidt, Esquire 144 Nf 4`~' Avenue, Suite A Delray 13each, FL 334$3 lte: The Electric Experience Dear pavid: We ors in receipt of the letter with regard to The Electric Experience located at 1047 East Atlantic Avenue. i"isted below are responses to the inquiries: The CBD zoning district contains a category of "rental of sporting goods and equipment" (such as but not limited to bicycles, skates, and boogie boards). This use was added to the LDRs by Ordinance 15-98 on April z1, 199$. This category was limited to non-motorized sporting goods and equipment only as noted in the body of the LDR text amendment see attachment}, Nanw motorized bicycles are allowed under this existing category while motorized bicycies will require an additional and separate LDR amendment. Your client has been informed that the current use of any motorized spatting equipment (Segways, motorized bicycles, mopeds, scooters, etc.) will require this additional LDR text amendment to add these uses}. A definition for bicycles is not in the LDRs and I am not aware of any other definition other than the one contained in Chapter 72 of the Code of Ordinances. This definition includes the language referenced in your letter. Florida Statute ~16.p43(2} also contains a definition of Bicycles. With respect to question 6, the term bicycle as set forth in Section 4.4.13 of the Lags does not include "vehicles propelled by a combination of human power and electric helper motor. When the category was added via a text amendment the motorized version of bicycles and sporting equipment were excluded (see previous discussion), With respect to question 7, this is also incorrect. Changes to the definition section of the LDR are processed as text amendments via ordinances and are considered by the City Gammission after recommendation from the Pkanning and honing Board is made. [~R,~.I~CE ~ERFORh+iANCE ° NTEGRITY ESPONSIBi_E NN~1vAT~VE E~Ia1R~lORi: David W. 5chmldt, Esquire The Electric Experience February 7, 2011 Therefore, in summary the current categary of "rental of'sporting goods and equipment such as but not limited to bicycles, skates and boogie boards" contained in the CBCI' use section excluded motorized versions of sporting goods and equipment, To add the motorized bicycles category a text amendment wil! be required. The need to process this amendment was conveyed to your client several weeks ago. The motorized category could be expanded to include mopeds, motorized skateboards, segways knot related to tours} and motorized bicycles or it could be specific to motorized bicycles only. Sincerely, ~~ ~ Paul Dorling, AiCP Director of Planning and zoning cc: Ms. Lida Butler, Director al=Community lmpravement Mr, Brian Shutt, City Attorney ~~~zv .r~rrr~ ~c~€~n~r ATTORriEY9 AT C.,AW tdtl NORTHEAST FOURTH AV~1~11JE, St1ITtw A pELKtAY BEACH, FLOREI3A 83+393 ! E}ZNESTG. S1MON DAVID W. SCFiM10T HAND DELIVERED Chevelle Nnbin, City Clerk City of Delray Beach 100 NW 15` Avenue Delray Beach, Florida 33444 TELEF'~HONE (561) 27H-2601 FAX (561) 265-0286 February 22, 2011 Re: Appeal of Administrative Interpretation The F,lectria Experience My File No. 7751 Dear Ms. Nubia: 1NEST PALM 63:ACf-1 (56t) 737,8222 ~ji' ~i ,~ - .~„ 4_..._._..----_._._.__~_~..~,._,..~.~ ... ~~~. ~~ ~ ~ ~~~ 4~.tr office represents The 1=;lectr-ic Experience, doing business at 1047 East Atlantic Avenue, Delray Beach, Florida 33483. My client wishes to appeal an administrative interpretation to the Delray Beach City Commission. The following information is supplied as required by LDR Section 2.4.7(E}(2): 1. Identification of the action which is bein a Baled: Appeal is :made of arty administrative interpretation regarding rental of electric bicycles in. the 01;17 zoning district. 2. Identification of who took the action and when it was made: On January 14, 2011, my clrent.requested an interpretation ofwhether rental of electric bicycles was allowed in the CBD zaxung district. On February 7, 2011, Paul Dorling, Planning Director, rendered an opinion regarding the request. A copy of his letter is attached as Exhibit "A", and a cagy of my client's letter o~ January 14, 2011 is attached to Mr. Dorling's letter. 3. The basis of the a cal: There are two matters raised in Mr. Dorling's letter which are being appealed. A. In his letter, Mr. Dorling states that the "`rental of sporting goads and equipment' {such as but not limited to bicycles, skates, and boogie boards)" is limited to "non- znotarized sporting goods and equipment only as noted in the body of the LDR text. amendment (see attachment)." While the Planning and honing Board Memorandum Staff Report states "The proposed amendment should only apply to non-motorized sporting goods and equipment (i.e. bicycles, in-line skates, kayaks, surfl~oards, boogie boards, snorkel equipment, smashball, etc.)", no such restrictive language was contained in the actLial amendment. In the CBD zoning district, permitted uses include, as set forth in LDR Section Q-.4.13(B)(3)(a): (3} Services and Facilities including, but not Limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self service facilities, pet groazx~ing, resta~uants excluding drive-in and drive-through, outdaor cafes, tailoring, tobacconist, vocational schools limited to at•ts and crafts, business, beauty, dancing, clriving, gymnastics, photography, modeling, and karate-ludo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). [A~and. Drd. 1598 412A198] There is no limitation contained in that section of the LDRs that the rental of bicycles is limited to non-motorized bicycles. B. Mr. Dorling also- states in his letter that the definition of bicycles as set forth in the Delray Beach Cade of Ordinances does nat include motorized bicycles, as: ...the terrrx bicycle as set forth in Section 4.4.I3 of the LDRs does not include `vehicles propelled by a combination of human power and electric helper motor' [Sic]. When the category vaas added via a text amendment the motorized version of bicycles and sporting goods were excluded (see previous discussion). For the reasons set forth above, xny client believes Mr. Dorling's interpretation of the LDRs is wrong, as there is no limitation on bicycles being rented being limited to non- nrotorized. In addition, we believe the definition of "bicycle" in the City ordinances is also incorrect. Section 72.02 of the Delray Beach Code of Ordx"nances contains the following definitian of "bicycle": Sec. 72.02. DEFINITION. 2. For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or requires a different .meaning: Bicycle. EveYy vel~iele propelled solely by human power, or any zx~oped propelled by apedal-activated helper motor with a manufacturer's certified maxinnum rating of one and one~half brake horsepower, upon which any person may ride, having two (2} tandem wheels, and urcluding any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels. The term does not include such a vehicle with a seat height of no more than twenty-eve (25) inches from the ground when the seat is adjusted to its highest position, or to a scooter ar similar device. (F.S. § 316.003{2); Cade 1980, ~ 7-2} That definition is the statutory definition contained in the Florida State Uxaifor~n Tral'~zc Control sta~.~te when that section of the Cade of Ordinances was adapted. Section 70.01 of the Code of Ordinances provides: Sec. 70.01. ADOPTION OF STATE UNIFORM TRAFFIC CONTROL LAWS. 2. The State Uniform Traffic Control Laws, as set forth in F.S. Chapters 316 and 318, are hereby adopted by reference and made a part hereof as if fully set forth herein, and as may be amended from time to time. (Emphasis supplied). (Code 1980, § 26-3; Ord. No, 135-85, passed 12/17185) The current Section 316.003(2) of the State CJ~niform Traffic Control statute dunes a bicycle as: (2} BICYCLE.-Every vehicle propelled solely by human power, and eves mot©rized bicycle propelled by a combination of hLUxaan. power and an electric helper motor capable of t~rouelling the vehicle at a s eed ofnot more than 20 miles er hour on level ound upon which any person inay ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches fiorn the ground when the seat is adjusted to its hilliest position or a scooter or sirx~ilar device. No person under the age of 16 may operate or ride upon a motorized bicycle. {Emphasis supplied). Accordingly, my client believes the definition. of "bicycle" as sef fo~•th in tl~e Delray Beach Code of Ordinances would include "every Lotorized bicycle propelled by a corrabi~aation of human power and an electric helper motor capable ofpropelling the vehicle at a speed of not mare than 20 miles per hour on level ground "and the rental of such motorized bicycles would be allowed in the GC and CBD zoning districts. 4. The relief bein sou ht: My client seeks a determination by the City Commission that: A. The definition of "bicycle" in Section 72.02 of the Code of Ordinances is: Bicycle.-Every vehicle propelled solely by human. power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour ota level ground upon which any person may ride, having two tandem wheels, and includit~.g any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from tl~e ground when the seat is adjusted to its highest position or a scootex or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle. B. That the permitted use of rental of bicycles in the CrC and CBD zoning districts includes the rental of motorized bicycles propelled by a combination of human. power and an electric helper motor capable of propelling the vehicle at a speed of not n~nre than 20 miles per hour on level ground. 5. The name of the appellant and the a~nellant's interest in the ~xAatter: The name of the appellant is J&M Enterprises of palm Beach, LLC, d/bla 'The Electric Experience. The appellant owns the business known as "The Electric Experience" located at 1047 east Atlantic Avenue, Delray Beach, lilorida 33483. My client's check in the amount of $3SS.00 for the appellate filing fee is enclosed. Respect illy submitted, ^p_ ~ ~~ , . ~ , r ._. David W. Schmidt MEETING DATE: MAI:tCH 16, 199 AGENDA ITEM: 1V.1=. - AMENDMENT TO L®R SECTIONS 4.4.13(B) CENTRAL BUSINESS ®ISTRICT (CBD), AND 4.4.9(Bj GENERAL COMMERCIAL (GCj, TO ALLOW SPORTING GOODS AND EQUIPMENT RENTAL AS A PERMITTED USE. ~.-~--~ _ The item before the Board is that of making a recommendation to the City Commission regarding an LDR text amendment to Sec#ion 4.4.9(B} General Cam ercial GC Princi al Us s nd Structures Ali ed, and Section 4.4.13(8), Central Business District~CBD)L_~r~g_cpal Uses and t ctur s All wed, which would allow the rental of sporting goods and equipment as a permitted use, pursuant to LDR Section 2.4.5(M). 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. This amendment was initiated by the Planning and Zoning Board as the rental of sporting goods and equipment is not specifcally listed in the Land Devebpment Regulations in the GC and CBD zoning district. The GC and CBD zoning districts specifically allow the retail sale of sporting goads and bicycles as a permitted use. Both also allow as an accessory use, "the provision of services and repair of items incidental to the principal use". Neither district specifically addresses the rental of Such merchandise as a permitted or accessary use. Such establishments do exist in the CBD (Richwagen's Bicycle Shop, A-1-A Bike Rentals, and In-Line Heaven). These businesses both sell and rent sports equipment, including bicycles, in-line skates1ro11erb1ades, and accessory items. The lack of clarity in the code lends itself to inconsistencies in interpretations, and needs to be addressed. The question could be brought forward to the Planning and Zoning Board as a Similarity of Use determination, however, the Board would probably want to impose certain limitations and restrictions on the use. Therefore, the Board initiated the text amendment to allow sports equipment rentals in the CBD and GC zoning districts. VLF. ~~ "~xt ,~rr~ndr~~t d ~p~+~ti~ ~~d~ ,~ q~i~rnt ~;r~tV ~ ~ittd lJ in the ~~ ~ ~~r~~~ 1tri~ct ---- m w - ° .:.~. -~~: ~ ' _~i __~~ ~- ~d t..3r ~.Pa - _ ° ~~ -i~~ ~ i r~ i ~ .tire 7.1®6(~)~ i ~. ~~~::~ ~uu~a~:ti~ i'~ -rr ~~ h t# ~ ~.~~ ~~~r°d - ~ryir~~ -~h~ rr ~ ,, r, - - ~'h~ -~, ~:~-R~~ w,~°~i r~ -iarm the ~~ ~ r~~-~r~i Ia P & Z Board Memorandum Staff Report LDR Tent Amendment -Sporting Goods 8~ Equipment Rentals as a Permitted Use in the CB© & GC Zoning Districts Page 3 Consideration was given to allowing sporting goods and equipment rentals as an accessory use, however, the control of such uses and their locations would be diminished. Therefore, to allow the use as an accessory use should not be considered. Munlcina! Belch There are some concerns that certain items available for rent could not be used on the Municipal Beach and Atlantic Dunes Park. The following matrix lists the sporting goods and equipment typically associated with beach activities and the restrictions associated with the items. .. e _ ....... , Airborne Objects kites smashball football, voile half,etc. ..... . ; .___ ..~ _ .. _. s..,.. ~ .Q~_ X o ~~~. ,. •- ~ tee.. , N, .ec~~ Boo ie Boards X Fishin ~ X Flotation DeviceslRafts X Ka aks * X Scuba Divin X Skim Boards X Snorkel E ui ment X Surtboards * X Waverunners/.Jet Skis X Windsurters * X Surtboards, windsurfers and kayaks must be launched at designated areas at the north and south ends of the municipal beach. Cor~mu~ Redevelopment A[,~ency; The CRA will review this amendment at its meeting of March 12, 1998. Their recommendation will be reported at the Planning and Zoning Board meeting. Downtown Development Authority: This item 'ts scheduled for review by the DDA at its meeting of March 18, 1998. The DDA's recommendation will be provided to the City Commission. Pineapple Grave Main Street: At its meeting of March 11, 1998, the PGMS reviewed and recommended approval of the proposed text amendment. Ord I~rr~~rr~d~arra ~~ R~rt. L~ T P~rr7rrr~~ru~ - p~rkir~, c-~d~ paint ~t~E ~ ~'rrr~it~d lJ ire the ~rai~t C~i~tri~t ~~ a ~ , ~.~ u r " ~ - , ~ ~~i r~ r~~~c rrr~r~ ~ ~ ~'Glc~ira+ i'i rrr°wr~v~r' iti~rw: A,tt~rr~rYt: 'r~p~r~ ~rdia~ rte: y;~. i.:e:~~ry::•-'- .. ~.~.-...r~..y,~..y~ ,..,i-... ~., ~ ~":x '~ Jfr Yom- 4 r , - •t7 ~ ~. ~ ..~~~.~ ~PRQ.°PY.O~,S~.E~'~..~a~R~~~1`N~pN~O~E~ ~a ~ y r _; , Section 4.4.93 CBD Central Business District (B} Princi al Uses nd Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (3) Services and facilities including, but not limited to: Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to an-site processing for customer pickup only, dry cleaning .and laundry pickup stations, financing e.g. banks and similar institutions including drive- thraugh facilities, laundromats limited to self-service facilities, pet graaming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, a'~ small item repair, and rental of snorting goods and eauinm~nt .{such as bicXcles. skates. baog~ boards. etc.. (H} Special Regulations: (Add the following) ,~6) The rental a sorting goQds,.an,~i equipment shall be limite to na more than a business rentin a s ific t o of item i. . bic Iles skates. etc.l oer segment of a block fronting. a sfiregt=and .any outdoor displays are suJect to the restrictions sat forth in Section 4.6.6 C}~31 Section 4.4.9 General Commercial (GC,~ District: (B) Principal Uses and Structures Permitted: The following uses are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(9)(a): (4) Services and i'acilities including, but not limited ta: * Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive- thraugh facilities, laundromats limited to self service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, a~ small item repair, ~n„~sentaLof sporting_aoQds,_and egc~nment. (H) Special,Regutations: (Add the following) ,(4)_Any _~tdoor dst~lav of sporting ,goo s and e u' t for re t is sub'ect to the r strictions et fort i ction 4.fi.fi C 3 . ~~ tt~ TO. DAVID T. WARDEN, CITY MANAGER THRU; DIANE DOMINGUEZ, DIRECTOR OF FROM; JEFFREY A. CQSTELLO, SENIOR Pt SUBJECT; MEETING OF APRIL 7, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.13(8) [CENTRAL BUSINESS DISTRICTS AND 4.4.9{B) [GENERAL COMMERCIAL] AND TO ALLOW RENTAL OF SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE. This amendment was initiated by the Planning and Zoning Board as the rental of sporting goods and equipment is not specifically fisted in the Land Development Regulations in the GC and CBD zoning district. The GC and CBD zoning districts specifrcally allow the retail sale of sporting goods and bicycles as a permitted use. Both also allow as an accessory use, "the provision of services and repair of items incidental to the principal use". Neither district specifically addresses the rental of such merchandise as a permitted or accessory use. While it is appropriate to allow the rental of sports equipment and goods as a permitted use, limitations an outdoor display and the number of rental fiacifities in the downtown area should also be considered. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff repor#, The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 16, 1998. There was public testimony in support of the request, and no testimony in apposition. After discussing the text amendment, the Board voted 7-0 to recommend to the City Commission that LDR Sections 4,4.9(8) and 4,4.73(8) (Principal Uses and Structures Permitted Allowed) be amended to allow the rental of sporting goods and equipment as a permitted use in the GC and CBD zoning districts, and included restrictions regarding locations in the CBD. The Board suggested some changes in the text language, including a recommendation that the locatianal restriction allow cone business reefing a specific category of Item (i.e. bicycles, skates, etc.) every 3gD', measured in a straight line from door to door", rather than allowing one par segment of a block fronting a street as originally proposed by staff. ..Z ...:..\L i-:.i {r::.t.lY F:: Y; 3:y :. }. ~~?. :??:ikS~:i t:~'.i}), (+>:: ;}, •' ~}' ~.`<v~. g..ssi`.:;;S~i:. ::i~ r:~: •:y}}:;a:'ii5. ~..,::. :. h: ''f>:>•:. .4 :.~s:..y,..: .,w:: ,.,F.:..:.}. ~\~Y. -.{.~~pp7.e...n~~~.. ,.;3:.tr...<1.... ..Z. :v?i~:.f :•,v, r,'::L::# s v:.r :~ .:...~ 'w:.v .L.:::: ti~iii+"x :: . :at'r: ::<:~ ;.tie.; ,.:~Ti' . <>.?4~ :k ~ ~..'!k' ~ ry,.s .- N~:Y: ..<::`~'v o.: .,r.# ,~~ ~:#':' By motion, approve on first reading a text amendment to LDR Sections 4.4.9 (B} and 4.4.73 (B) (Principal Uses and Structures Permitted} to include rental of sporting goods and equipment as a permitted use, and add related restrictions, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of April 21, 1998. n ~,~, Attachments: ISr ~:~%~""- ~.O • P&Z Staff Report and Documentation of March 16, 1998 ~ X17 f qg 4 Ordinance by Others ~~ ' MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 7, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 RECONSIDERATION OF CREATIVE CITY COLLABORATIVE REQUEST TO WAIVE COST ITEM BEFORE COMMISSION Reconsider a request from the Creative City Collaborative that the City waive reimbursement for the printing and mailing costs, estimated to be $4,170 for three (3) quarters, to include in our utility bills a solicitation for voluntary donations to cultural programs. BACKGROUND Initially at the January 18, 2011 Commission meeting, the Commission approved including in our utility bills a quarterly solicitation for voluntary contributions to cultural programs, but denied the accompanying request that the City waive reimbursement for the cost. Attached is a request received from Alyona Ushe on behalf of the Creative City Collaborative asking that the City Commission reconsider waiving reimbursement for these costs, estimated at $4,170 for three (3) quarters this fiscal year. At the March 1, 2011 regular meeting, the Commission voted to reconsider the request. Also attached is the original request from the Creative City Collaborative. A previous Commission had agreed to this quarterly solicitation, and prior to the hiring of an Executive Director, the City did this one (1) time. We collected approximately $2,011 and Commission did waive the payment of the costs. All proceeds were given to the Creative City Collaborative. In light of our current financial situation, staff still feels that the Creative City Collaborative, which is an independent non-profit, should reimburse the City for our costs from funds they might receive in response to these solicitations. 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C !/ L m ~ N G V • D O 4 Cn N .~ W L U L .~ cv L L L LL O v r +~ O N > N C O ~ U fl- O ~ ~ ~ ~ ,.__, v ~ ~ o. ~ U 0 ~ ~ , ~ a--~ L ~ ~ Q U) '~ ~ F-1 C 0 0 a~ V L U ~.. ~ 3 CU ~ s^ ~• W Vl ~~~ ^~ s~ 3~ ~~ C ~"~ J ~~ ~~nn^ '1r/ .~ r~ l~ ti O~ O ,C N ~ C ~ ~ c '~ o ,~ ~, i; { ~ ~ r ~ °~ ~~ o~ ~ ~~ Iw ~ J ~~ .tom ~ ~ - `r. (aj C C ~j O 1 ~ ~ C ~~ ~ ~~ ~ :~ ~ ~ ~ ~ V) U _ `N N _ __,;~, •M ~~ t ,:. -~/~ ' /~ W~ W ~ O CV_ C O C O V N C fp ~ ~ (~ ~ ~ m fp ~ ~ ~ V ~ (n Q ~ O > ~_ ~+ V ~ ~, o~ ~~ (~ L 0 U a~ .~ ~~ U ~ ca L U a~ L O r~ O U ~ ~ ~ ~ ~ ~ -~ Q ~ U-~ _Q-_ Q Q N ~y ~ ,_..~ ~ z o d a Z ~ Q ~ ° ¢ w ~ J Q ~ U ~ ~ Q ~ x , Q ~ ~ z ~' G~ , > v W ~ H ~ a , ~ o0 ~ ~ 1 ,,.~_ 0 ~' o z`~ N ~~~ oQ aw o Ux o w ~ ~, ~~ ~ ~ ax z Q~ NZ NO u w ~~~-----~~~GGG u.. 0 Harden, ©aVld From: Wynn, Kimberly Sent: Wednesday, February 9 B, 24? 1 4:57 P1Vl To: Harden, flavid Cc: Agenda Coordinator Subject: Creative City Collaborative Agenda Request Attachimenfs: CGC Agenda ltertr Request far 08-01-1 ~.pcif Mr. Hardel3, AlyolSa C1she €raltl CCC requested to be placed an the March 1, 2©11 meeting agenda: They would like to have the Commission reconsider their decision an the following agenda -item €rom the January 18, 201,7. Reg~Ilar Meeting. REQUEST FRDM THE CREATIVE CITY `C~LL.ABORATTVI%. CCCGl TO.... WA;~.V... COSTSs Consider a request frvl~l the Creative City Collal7arative to authorize the quarterly voluntary solicitation of donations for cultural programs and to waive payri~ent to the City of the printing and mailing costs estimated to lie ~4,~7Q.00 for three [3~ qual`ters: [First Nl.atiQn to authorize quarterly voluntary salicitationn a€ d.anations via water bill; Approved, 3-2. Com~nissianer Gray and Comtx~issianer Eliopoulas dissenting. Second Motion to waive payment; Qenied, 4-1. Commission Fetter dissenting.) Ho~v would you Tike to proceed? Thanks, ~~xt~ ExecrzDve Assistant/Agenda Coordinator City of Delray Beach City Clerk's Offiee 100 N.W.1st Avenue Defray Beach, Fi€trida 33444 561j243-7059 wynnCa n~, d~yb~a~lt.r~ Under Florida law, a-mail addresses. are public records. if yott do not want your a-mail address released in response to a puF~lic-retards request, do rtoe send electronic mail to this entity. Instead, contact this office by phone or.in writing. i f r ~ ~~ ~ ~~ ~ fir- ~~ ~,~ i ~~t ~--~ ~~~, ~~~ ~r- Page I of 3 Barcinsi'cii, Rober# From: Ushe, Alyona Sent: Monday, January 1€1,2011 3:04 PM To: Barcinski, Robert Subject: 1=W: Water bill Flyer Dear Mr. Barcinski: Below are the quotes for printing and distribution of water-bill flyers. On behalf of the CCC Board of Directors, 1 respectfully request that the City Commissioners consider forgiving these fees for the next three quarters of this fiscal year. The estimated total comes to $a,a.~0. The CCC has been tasked with programming for both the Warehouse and the Arts Garage designed to benefit Delray Beach economic development through arts and bring visibility to the Pineapple Grove Arts District. As a very young organization created solely to promote economic development in Delray Beach through culture and arts, we need the invaluable partnership with the City to achieve these goals. Thank you once again for your consideration. Warmest Wishes, Alyona Alyona Aleksandra tlshe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 100 NW 15t Avenue Delray Beach, FL 33444 Sb1-243-7327 ~ office 561.-245-07.8© ^' cell usheCa~mydeir~beaeh.com llnder>=lorida law, e-mail addresses are public records. ff yotr do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this enffty. fnsfead, contact this office by phone or in wrifing. IFrom: Dechicchio, Rosanne Sent: Tuesday, 7anuary 04, 2011. 7,2;47 PM To: Ushe, Alyona Cc: Barcinski, Robert; Beldowicz, Donna; Reade, Richard; Smith, Douglas Subject: RE: Water bill Flyer Please note quote information regarding flyer insert with the utility bill: Quantity: 22,000 Paper. white, t?0 Ib, 8.5 x 11 inches Content: ~-color print Fold ~ insert: tri-fold for insert in utility bill 1 /10/2011 Page 2 of 3 ®eadlino: I*inal 8 business days prior to mailing date Total Cost: $1394.40 The flyer will not require additional postage. However, if another department requires an insert during this time, it is recommended to temporarily discontinue the flyer insert and resume fhe process once ail additional inserts are completed. ~y doing so, extra postage charges will be avoided. Contact me should you have any questions. ~sar~ne ~DeChitcl in Administrative Assistant Public Information Office City of Delray Beach {561) 243-7']90 dechlcchio@~»ydelra ybeach. com From: Ushe, Alyona Sant: Tuesday, December 28, 2010 5:24 PM' To: Dechicchio, Rosanne Subject: RE; Water bill Flyer Dear Rosanne, At your convenience, can you please email mean estimated costs to print, fold and put in envelops one page flyer far the Water bill (in color). Thank you and wishing you a happy and prosperous New Year! Alyona Alyona Aleksandra Ushe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 1n0 NW 1st Avenue Delray Beach, FL 33444 5b1-243-7327 ^' office 561-245-0180 ^' cell usheC~mydelraybeach.cam Under Florida law, a-mail addresses are public records. if you do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this entify. Instead, contact this office by phone or in writing. From: Barcinslci, Robert Sent: Tuesday, December 28, 2010 5:20 PM To: Ushe, Alyona Cc: Dechicchio, Rosanne; Smith, Douglas; Reade, Richard Subject: RE; Water bill Flyer As we discussed need to shoot for February mailing. Get cut off date from l~osanne and approximate cost to print ] 11 x/2011 Page 3 of 3 fold and put in envelop. Then do another request with all of this info in it. I'll need by January 7~~' to get on the January ~8~' Commission meeting since only they can waive the costs. From: i.fshe, Alyona Sent: Monday, December 27, 2010 6:29 PM To: Sarcinski, Robert Subject: Water bill Myer Dear Mr. Barcinski, The Board of Directors of the Creative City Collaborative would like to resume including flyers with the water bill. If possible we would like to be included in the next water-bill cycle. In addition, it is my understanding that last time the flyers were distributed the city generously took care of reproduction costs. Please consider extending this offer to the CCC again. !look forward to hearing from you. Warmest Wishes, Alyona Alyona Aleksandra Ushe Director Creative City Caflabarative Delray Beach Community Redevelopment Agency 100 NW 1Sr Avenue Delray Beach, FL 33444 561-243-7327 ^' office 561-245-0180 ^' cell Ushe@ mydelr~beach,com Under Florida law, e-mail addressas are public records. i>: you do no# wan! your e-mail address released in response to apublic-records request, do not send electronic mail fa ibis entity. #nstead, cornfact this office by phone or in wri#ing. 1 11 0120 1 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 GRANT AGREEMENT/PALM BEACH COUNTY/EPOCH/C.SPENCER POMPEY AMPHITHEATER ITEM BEFORE COMMISSION Consideration of a grant agreement between Palm Beach County, Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) and the City in the amount of $250,000 and a commitment to provide supplemental funding by the City in the amount of $310,000 for redesign and construction of the proposed C. Spencer Pompey Amphitheater on the Spady Cultural Heritage Museum grounds. BACKGROUND At the March 1, 2011 Commission meeting, the Commission tabled this item until March 15. The Commission discussed obtaining a business plan from EPOCH to confirm their continuing ability to fund operation of these facilities. In 2007, EPOCH was awarded a grant by Palm Beach County, as part of the County's 2002 Recreational and Cultural facilities bond, in the amount of $250,000 for funding a proposed amphitheater to be constructed on the grounds of the Spady Museum and dedicated to C. Spencer Pompey. The grant agreement specified a completion date for the facility of October 1, 2010. During project design, the project scope was expanded to include an additional building to provide office and expanded storage space for the museum, and to house restroom facilities to serve the amphitheater, museum and other improvements on the grounds. The scope expansion and final design of the amphitheater resulted in additional project costs for which EPOCH was unable to secure funding in time to meet the construction deadline required in the grant agreement. In efforts to preserve the grant dollars, EPOCH has reduced the overall project scope to provide all required facilities for use of the amphitheater within that structure and eliminated the additional office/storage building, and requested that the County provide a new funding agreement for the revised project. With the current project budget established at $560,000, EPOCH is also requesting that the City provide the supplemental $310,000 which, together with the County grant will complete the funding requirements for the project. The new agreement requires a construction contract for the facility be awarded no later than twelve (12) months after execution by the County, and that construction be complete and the facility be opened for its intended use within twenty four (24) months after execution. It is further specified in the agreement that in the event EPOCH fails to maintain the project or keep it open to the public for recreational, cultural, civic and community purposes, the City will inherit the responsibility to do so for the agreement term of thirty (30) years (sect. 4.03, 5.01, 5.02). The County agreement is reimbursable in nature; however, the CRA has agreed to lend $250,000 to EPOCH which will be repaid from County grant reimbursements. The City's funds would have to be obligated in the 2011/2012 Capital Improvement Plan (CIP), making them available on October 1, 2011. We have had some discussions with CRA staff about the CRA funding a portion of the capital cost of this project, but have not made a formal request for capital funds from the CRA. In response some CRA Board members have expressed concerns centered on the staffing and operational costs that would be associated with the establishment of a new amphitheater, and what the prospects are for funding those costs on a long term basis. The CRA has asked EPOCH to provide a breakdown outlining the anticipated costs and potential revenue sources. They also requested an overall business plan for the museum (revenue side and program side) including the future costs for the Munnings Cottage and the Muse house, which are expected to become operational in the coming months. It is the understanding of the CRA from speaking with Daisy Fulton, that EPOCH is working with a consultant to begin the preparation of a strategic plan to address many of these questions. Upon execution of the agreement by the County, final design of the facility can commence using the CRA loan for consulting fees with the goal of having bid ready construction documents in October when the City's funding becomes available. This schedule will provide ample time for project construction within the parameters specified in the agreement. Gladys Wigham from Commissioner Taylor's office has informed us that the County was willing to allow the City to wait until as late as July to execute the agreement in order to allow EPOCH to complete their strategic plan and business plan. FUNDING SOURCE Funding to be programmed in the 2011/2012 CIl'. RECOMMENDATION Staff recommends that this item be tabled until a business plan is received from EPOCH showing an ability to fund future operating costs. We further recommend that the City Commission formally request that the CRA budget in FY 2012 at least half ($155,000) of the additional funds needed, pending receipt of a satisfactory business plan. ~~CG#~ ' ~~(Sp P CULTURAL HEItlTAGE A4USEUM Cele6ratrng our 10 year annrversaryt ANOT-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF 50UTH FLORIDA Expanding & Preserving Our Cultural Heritage, Inc. 170 NW 5th Avenue Delray Beach, FL 334W4 Phone: 561-279-8883 Fax: 561-279-223Q www.spadymuseum,org PR£5111£NT/fAUND£R Vera R. Farrington 1 ST V1CE PRESIDENT Clarence M. Vaughn 2ND VICE PRESIDENT Mark Reingold, Esq. TREASURER Clarence M. Vaughn BOARD MEMBERS Clifford Durden Ralph B. Johnson Lawrence Moncrief Dr. Talbert 0. Shaw Or. Barbara Carey-Shuler Al#red Straghn M£MOR1Al17£D MEMBER C. Spencer Pompey Ex£caTly£ DtRECrDR Daisy M- Fuiton MUSEUM ADVISORY BOARD W. Rod Faulds, Director FAU University Galteries Dorothy Patterson, Archivist Dei~ay Beach Nistoricai Society "Until the lions have their historians the tales of the hunt wilt continue to glorify the hunter." February 11, 2013. Mr. Richard C. Hasko 434 S Swinton Avenue Delray Beach, F1, 33444 Dear Mr. Hasko; Enclosed is the material you requested. We do appreciate ali your efforts on our behalf. Sincerely, Daisy Fulton executive Director an African proverb ~ ~ III r;, ~ ~LORX9~' Parks and Recreation December S, 2010 Department Ms. Daisy M. Fulton, Executive Director 270© 6th Avenue South Expanding and Preserving our Cultural Herita~ (EPOCH) ° Lake Worth. pt. ~~~bi `-~ Post Office BOX 3077 `~" ~ ~ ~'~ -yam } ~`~ ~ (561} 466-660o Delray Beach, FI X461,7, , ~ pax:(561}9b3~b7~4 ~ATION AND CULTURAL FACILITIES BOND RE: 2002 R~~CR www.pbeparks.com AGREEMENT FOR CONSTRUCTION OF THE C. SPENCER POMPEY AMPHITHEATER AT THE SPADY MUSEUM AND CULTURAL CENTER ® Dear Ms. Fulton: Attached for execution on behalf of EPOCH is a revised Interlocal Agreement for Palm Beach County t f construction of the C. Spencer Pompey Amphitheatre to replace the Spady Museum d Cultural Center -Phase 11 project Agreement that lapsed on October 1, 2010. coun y shard o commissioners an The original Agreement included construction of both the amphitheatre and a cultural facilities building. The replacement Agreement Is for the same amount of $250,000, liaren T. Marcus, chair but the project scope has been reduced to include construction of the amphitheater Shelley vans, Vice Chair only, and not the cultural facilities building. Paulette 13urdtck Reimbursable project elements include construction of the amphitheater, audio and Steven ~.. Abrarras lighting systems, a courtyard area with seating, and other miscellaneous expenses related to the project. The total project cost estimate is $559,685, and EPOCH is Burt Aaronson required to provide the required $310,000 match for the Project. The Agreement Jess R. Santamaria contains milestones for project completion, which must be strictly adhered to. Prlscllla A. 'Paylor Please attach a current insurance certificate to each Agreement naming Palm Beach County additional insured and have both Agreements executed an behalf of EPOCH. It is requested that you then submit the Agreements to the City of Delray Beach for approval. By copy of this letter, I am requesting that Delray Beach return the threo executed originals of the Agreement to this office after execution by the City. We will County P.dministrator then place the Agreements on the agenda for approval by the Board of County Robert Weisman Commissioners. On behalf of District 7 Commissioner Priscilla Taylor and the Board of County Commissioners, we look forward to assisting with the funding far this cultural project. Si~~rely, ~ r~ //~ E~ Cali, Director Parks and Recreation Department ;~„~~,~lopporn~„rry EC:SWY Attachment - Three Originals of Interlocal Agreement for Execution and Return ,4ffirmarr've Acdo11 Ernplay er" Gopy to: Commissioner Priscilla A. Taylor, District 7 Jon Van Arnam, Assistant County Administrator rcinski, Assistant City Manager Bob Ba pdntad on recycled paper _ INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF DELRAY BEACH, AND EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. FOR FUNDING OF THE C. SPENCER POMPEY AMPHITHEATER THIS AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and Expanding and Preserving Our Cultural Heritage, Inc., a Florida not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "AGENCY". WITNESSETH: WHEREAS, AGENCY leases property from the City of Delray Beach which is located at 170 N.W. 5th Avenue in Delray Beach; and WHEREAS, AGENCY desires to design and construct the C. Spencer Pompey Amphitheater at the Spady Cultural Heritage Complex, hereinafter referred to as "the Project" at said location; and WHEREAS, On October 2, 2007, AGENCY and MUNICIPALITY entered into a funding Agreement with COUNTY in an amount not-to-exceed $250,000 from the 2002 Recreational and Cultural Facilities Bond to financially participate in the construction of said Project for which the required completion date was October 1, 2010; and WHEREAS, AGENCY was unable to complete the Project within the specified time frame of the Agreement due to a lack of sufficient funding to pay for project costs that exceeded the original $250,000 cost estimate; and WHEREAS, the project scope was recently reduced to include the C. SpencerAmphitheater only and to eliminate prior project elements that would have further expanded the Spady Cultural Heritage Complex; and WHEREAS, AGENCY, as assisted financially by the City of Delray Beach as lessor of the property on which the Project will be constructed, now has sufficient additional funding to construct the Project with the reduced scope; and WHEREAS, AGENCY has requested that County provide a new funding Agreement for the revised Project; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; WHEREAS, all parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $250,000 for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". AGENCY recognizes that COUNTY's funding of the Project is being paid from the proceeds oftax- exempt bonds issued by COUNTY. AGENCY agrees to provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY's chief financial officer or independent accountant that each cost item for which COUNTY funding is requested under Article 3 of this Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 AGENCY agrees to provide funding in an amount of $310,000 or greater to complete the Project. The parties agree that COUNTY shall provide its portion of the funding only after AGENCY has expended $309,685. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685; AGENCY's representative during the construction of the Project shall be Daisy Fulton, Executive Director, Spady Cultural Heritage Museum, at telephone no. 561- 279-8883; and, MUNICIPALITY'S representative during the construction of the Project shall be David Harden, City Manager, City of Delray Beach, at telephone no. 561-243-7000. Section 1.06 AGENCY shall design and construct the Project upon property leased from MUNICIPALITY by AGENCY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.07 AGENCY shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by AGENCY with regard to the Project. Any dispute, claim, or liability that may arise as a result of AGENCY's procurement is solely the responsibility of AGENCY and AGENCY hereby holds COUNTY harmless for same to the extent permitted by law. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Agreement by the parties hereto, AGENCY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 AGENCY shall be responsible for completing engineering and architectural design and securing all permits and approvals necessary to construct the Project no later than six (6) months from the date of execution of this Interlocal Agreement by the parties hereto. Section 2.04 AGENCY shall award the bid for construction of the Project and commence Project construction no later than twelve (12) months from the date of execution of this Interlocal Agreement by the parties hereto. Prior to AGENCY commencing construction of the Project, AGENCY shall provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 AGENCY shall totally complete the Project and open same to the public for its intended use within twenty four (24) months from the date of execution of this Interlocal Agreement by the parties hereto. Section 2.07 AGENCY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, April 10, July 10, and October 10 as well as separate Milestone Status Reports at such times that design and construction milestones have been met during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected by AGENCY, AGENCY shall obtain and expend the excess funds required for completion of the Project. COUNTY shall not dispense any funds to AGENCY for the Project until AGENCY has obtained and expended said excess funds for the Project. Section 3.02 COUNTY shall reimburse project costs under the terms of this Agreement to AGENCY on a quarterly basis from the date of execution of this Agreement; however, should the need arise forAGENCY to be reimbursed on a more frequent basis, then COUNTY will, atAGENCY's specific request for each instance, make its best efforts to reimburse AGENCY within forty five (45) days of such special request. For each requested payment, AGENCY shall provide to COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by AGENCY and shall include the vendor invoice number; invoice date; and the amount paid by AGENCY along with the number and date of the respective check or proof of payment for said payment. AGENCY shall attach a copy of each vendor invoice paid by AGENCY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, AGENCY's Project Administrator and Project Financial Officer shall certify the total funds spent by AGENCY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by AGENCY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (10%) of the total amount allocated to AGENCY for the Project until AGENCY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and COUNTY receives and approves all documentation as required in accordance with this Agreement. COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 AGENCY shall provide a request for final reimbursement to COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to COUNTY. Section 3.05 COUNTY agrees to reimburse AGENCY an amount not to exceed $0 for those approved pre-agreement costs accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "D", Pre-Agreement Cost List. Section 3.06 For construction projects fully funded by COUNTY, no more than 10% of COUNTY's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by COUNTY, all design and engineering costs associated with the project shall be borne by AGENCY, and will not be eligible for reimbursement from COUNTY. Section 3.07 COUNTY shall reimburse project costs only afterAGENCY has expended its share of project funding in its entirety. AGENCY shall provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY's President, CEO, Chairman of the Board, Chief Financial Officer, or independent auditor that AGENCY has complied with this Project funding provision. COUNTY will be entitled to rely on that certification in reimbursing Project costs to AGENCY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the leased property ofAGENCY. COUNTY shall not be required to pay AGENCY any additional funds for any other capital improvement required by or of AGENCY. Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. AGENCY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 AGENCY and MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Agreement by the parties hereto. AGENCY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. AGENCY and MUNICIPALITY may not assign this Agreement or any interest hereunderwithoutthe express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY for the purpose set forth hereinabove. In the event AGENCY or MUNICIPALITY transfer ownership of the Project to a party or parties not now a part of this Agreement, other than another governmental entity that agrees to assume, in writing, AGENCY and MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from AGENCY or MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should AGENCY or MUNICIPALITY transfer management of the project to a party or parties not now a part of this Agreement, AGENCY or MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, AGENCY or MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 AGENCY and MUNICIPALITY warrant that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis. AGENCY and MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status, familial status, sexual orientation, or gender identity or expression with respect to use of the Project. Section 5.02 The term of this Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Agreement by the parties hereto. AGENCY and/or MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the COUNTY seal and a list of the then current County Commissioners, unless otherwise directed by COUNTY's Representative. ARTICLE 6: ACCESS, AUDITS, AND INSPECTOR GENERAL AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the acquisition/design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by COUNTY, except that such records shall be retained by AGENCY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. The COUNTY has established the Office of the Inspector General, Ordinance R2009-049, which is authorized and empowered to review past, present and proposed COUNTY contracts, transactions, accounts and records. All parties doing business with the COUNTY and receiving COUNTY funds shall fully cooperate with the Inspector General including receiving access to records relating to this Interlocal Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the parties hereto, their officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a Copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to MUNICIPALITY: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 With a Copy to: City Attorney 100 N.W. First Avenue Delray Beach, FL 33444 As to AGENCY: Executive Director Expanding and Preserving our Cultural Heritage, Inc. 170 N.W. 5th Avenue Delray Beach, FI 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE Upon occurrence of one or more of the following events set forth below, COUNTY may find AGENCY in non-compliance and shall use any and all rights and remedies to this Interlocal Agreement as indicated in Article 9 for non-compliance by AGENCY in the performance of any of the terms and conditions as set forth herein: 1. Failure to complete engineering and architectural design and securing all permits and approvals necessary to construct the Project no later than six (6) months from the date of execution of this Interlocal Agreement. 2. Failure to award the bid for construction of the Project and commence Project construction no later than twelve (12) months from the date of execution of this Interlocal Agreement. 3. Failure to totally complete the Project and open same to the public for its intended use within twenty four (24) months from the date of execution of this Interlocal Agreement. 4. Failure in the performance of any of the material terms and conditions as set forth herein. ARTICLE 9: REMEDIES In the event of any non-compliance by AGENCY in the performance of any of the terms and conditions as set forth in Article 8 and if AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from COUNTY to do so, COUNTY may at any time thereafter elect to pursue any and all remedies available pursuant to this Interlocal Agreement, either in whole or in part, including interest paid by COUNTY to retire bond funds during the term of this Interlocal Agreement. This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will beheld in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that AGENCY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or employee of COUNTY or its Board of County Commissioners or MUNICIPALITY or its City Council. In the event a claim or lawsuit is brought against COUNTY and/or MUNICIPALITY or any of their officers, agents or employees AGENCY shall indemnify, save and hold harmless and defend COUNTY and/or MUNICIPALITY, their officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of AGENCY, its agents, servants and/or employees in the performance of this Agreement. ARTICLE 12: INSURANCE A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY's review of acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. B. Commercial General Liability. AGENCY shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by COUNTY's Risk Management Department. AGENCY shall provide this coverage on a primary basis. Worker's Compensation Insurance & Employers Liability. AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. D. Additional Insured. AGENCY shall endorse COUNTY and MUNICIPALITY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents" and the City of Delray Beach, a Florida Municipal Corporation, its Officers, Employees, and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. E. Builder's Risk and Property Insurance. AGENCY agrees to maintain property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on AGENCY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. AGENCY shall agree to be fully responsible for any deductible or self- insured retention. Umbrella or Excess Liability. If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. F. Waiver of Subrogation. AGENCY hereby waives any and all rights of Subrogation against COUNTY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. G. Certificate(s) of Insurance. Prior to execution of this Agreement by COUNTY, AGENCY shall deliver to COUNTY a Certificate(s) of coverage evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation ornon-renewal of coverage. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. H. Right to Review. COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. AGENCY shall require each Contractor engaged by AGENCY for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability Insurance at not less than $1,000,000 Each Occurrence. COUNTY shall be named in the coverage as an additional insured. 3. Business Auto Insurance with limits of not less than $1,000,000 each accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 16: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER Bv: Deputy Clerk ATTEST: CITY CLERK By: City Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Karen T. Marcus, Chair CITY OF DELRAY BEACH By: Nelson McDuffie, Mayor WITNESSES: EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. Tax I . D. # 65-0687303 APPROVED AS TO TERMS AND CONDITIONS By: Eric Call, Director Parks and recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney Signature By:_ Title: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney 10 Name (Type or Print) LIST 4F BXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cast Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form} {Page 2 ofi 2} EXHIBIT D Not Applicable 11 EXHIBIT A FRO,lECT DESCRIPTION, COST ESTIMATE, AND CONCEPTUAL SITE PLAN 3.2 PRO.fECT DESCRIPTION AND COST ESTIMATE C,SPENCER POMPEY AMPHITHEATER EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. November 23, 2410 Pro'ect Descri tion Expanding and Preserving our Cultural Heritage, Inc. (EPOCH) leases property located at i 70 Northwest 5`" Avenue in Delray Beach under a long term lease from the City of Delray Beach. The Spady Cultural Heritage Complex is located at that site, on which presently features an existing one-story bungalow, the Susan Williams House, to be used for children's programming, an existing two- story building operated as the Spady Museum, and an asphalt parking area. To expand the Spady Cultural Heritage Complex, EPOCH plans to build the 1,190 square feet G. Spencer Pompey Amphitheater adjacent to the existing Spady Museum. The Amphitheater will feature a stage, storage room, electrical room, backstage, changing room, men's restroom, women's restroom, A/C. Closet, and concession area. The Amphitheater will have audio and lighting systems to accommodate voice and music for small productions. A Courtyard area with seating will be constructed in front of the amphitheater. When complete, the C. Spencer Pompey Amphitheater will be used for events promoted by EPOCH, as well as for rental for private andlor public events. Cost Estimate Am hitheater Design and Engineering Construction of Amphitheatre Audio and lighting systems for amphitheater Courtyard Area with seating Other miscellaneous expenses related to the project. Lump Sum Cost Estimate: $559,685A4 EXHIBIT A ~~~c~ EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 Spady Cultural heritage Conapte~ ~ Phase IY . Delray Beach, Tlo~~icla Project Description Legal Description: Lots S, 6, 7 and. 8 Ivieivin Binds subdivision, according do ~apiat thereof as recorded in p at book 11, page 73, ~'ublic Records of Patin Beach Cnunty, F EXHIBIT C CONTRACT PAYMENT REQUESTSOHEDULD pNRACTUAL SERVICES PURCHASE 14 ~~~., ~~ ~~ORip~ PALM f3EACfi COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Date Grantee: ~„ Submission #: Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Equipment, Furniture TOTAL. PROJECT COSTS Project Nam®: EXFft€~IT ~: Reimbursement Period: Project Costs K_ e r~ This Submission (CS) (C) (~-? (~) CS ~ Cpnsulling Services Ke Le end ~ C . CantractuaE Services M =Materials, Supplies, pirect Purchases E =Equipment, Furniture Certification: I hereby certify that the above Certification: l hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports, reques#. Administrator Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: Financial Officer PBC USE ONLY Cumulative Praject Costs Date P13C Project Administrator Department Director Date Date G:ISYENGERIFORMS13Pg-Exhibit C-Bond Page ~ o__~f __~_ U I- i p'p I ~..~ Z W wy ~ N F"• W ~~a tioa ~ ~` N U W V m U ~ ~ OWC W Y U a 0. 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U U O ~ v ~ '~ "f7 ~ ~ fl) U~ m A N Q N C ~~u 0 v 9 €1J d z >- t7 EXHIBIT D PRE-AGREEMENT COST LIST (NOT APPLICABLE) ar JU~~~N ARCHITECTS November 1 S, 2010 Daisy Fulton, Executive Director EI?OCH 170 NW S~` Avenue Delray Beaeh, FL 33444 ARCH ITEGTU FEE NC PLANNERS Re: Spady Cultural Complex Project No.: 06J012 Sul~gect: Amphitheater Cast Estimate Dear Ms. Fulton: 1NTERlOR DESIGN Thank you for the opportunity to further assist you in the development of this proje et•of stimatesis not w thin prepared a preliminary cost estimate far your review. Please be advised that this typ our area of expertise, however it reflects our professional opinion of what can be expected for the desired changes. We recommend that you obtain the services of an independent construction estimating firm to provide you with a more detailed estimate once the plans have been further developed. We used the previous estimate prepared by Randolph 8c Dewdney Construction (R&D} dated August 21, 2009 as a basis of comparison. Our estimate reflects various value engineering assumptions in comparison to R&D's original estimate. Our estimate also reflects an anticipated overall mare competitive bidding market due to the change in the economic climate since R&D's original estimate. Division 1 General Conditions & Re-Design $50,996.00 Division 2 Site Construction $16,125.50 Division 3 Concrete $90,000.00 Division 4 Masonry $ S,OOOAO Division S Metals $43'218'00 Division 6 Carpentry and Waod $16,164.75 Division 7 Thernr~al and Moisture Protection $ 8,000.00 Division 8 Windows and Doors $ 8,300.00 Division 9 Finishes $15,000.00 Division 10 Specialties $ 9,000.00 Division 11 Equipment $ 500'00 Division 12 Furnishings $20,000.00 Division 13 Special Construction $ 0.40 G:1YRflJECT DOCUMENTATiONVSPAI?YCCJL'1'URALCOMPLSX-O6J412141-ConiiaclslAmPhitheaterCostEstimate,-ams_iJ.IS.IO.doc Divisian 14 Conveying Systems $ 0'00 Division 15 Mechanical $ 14,000.00 Division 16 Electrical $120,000.00 Subtotal (Divisi©ns 1-16) $16,304.25 Builders Risk Insurance $ 3'000'00 Liability, Worker's Comp., Auto Insurance $ 1,200.00 Construction Field Staff $ 17,000.00 Permit)lees $ 8,000.00 Surety Bond Premium $ 18,000.00 Subtotal $463,504.25 General Contractor Overhead and Profit {15%} $ 69,525.64 Subtotal 5533,029.89 ~ Contingency (5%) $ 26,651.49 Grand Total $559,681.38 If there are any questions, please do not hesitate to contact me. Sincerely, Anson M. Stuart, LEED GA Project ManagerlAssocsate 18425 i~W 2 Avenue, Suite 402, Miami Gardens, FL 33169 7. (305) 690.5966 F. (305) 690.6201 E-mall: ucisonarchitect belisouth,net G:1PR0lECT D(3CUIvII;NrATIOA[1SPADYCIiLTURA].CO?viPLEX~06JQ12101-ContractslAmphitheaterCastEstimate_ams_i1,I5.i0.doa `, ~ ~ ~ a0tw9WAUNITY REDEYELflPMENT AGENCY Fel~ru ary 17, 2~ i l Ms. Daisy Ftrltar•r, Exeea~tive ~-rectc~r Exp~tndr~~ ar~d Preser°virrr~ ~9ur: Cr_dtrrral i-l~rita~, Ins;. {E~'CI~H) 1'7(D l~1 W S'n Aventue l'~elruty Bca~eh, Fly. ~~444 Dear Daisy, This letter° is to r:c~nl'irr~r ll~~t the Delray ~eac.h ~arrgrn:~rnity Redevelc~prnent Agency (BRA) h~~s agreed t~ ter~Tpc~rar•i1y pears. EF~CH ~~5t~,aQ~ to br:aild an An~rphtheatre can the ~Spady 1`vlrrseGr~aa. ~arnpus whir;h will he paid hac-c tea the BRA frram the ~t~trnty gr-<rnt awarded tc~ lr~CI-I. [t is noted that flee ter•rr~rs of the r°eirnbr.rr•secrreni will need tea be stiprrl~rted in a fLrtrrr•e agreement between the C'R.A and. 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W ~ L a-+ N ~ O U L ~ ~ O ~ ~ 0 O a-+ ^j ~ ~ r6 O ~ ~ N N } ~ O V ~ Q ~ ~ 0 • > ',, Q ~ O O r6 VI ~ O ~ ~ +~ aA O +' ~ N +~ ~ r6 . ~ ~ ra O ~ Q +~ N ~ C ~ N ~ O ~ ~ ~ ~ ~ ~ ~ ~ O O t ~ O U a-+ +~ Q ~ O ~ ~ ~ , d ~ d ~ N - N > ~ N ~ ~ r6 ++ ~ ' ~ O ~ ~ ~ ~ N ~ ~ ~ ~ t ~ ~ ® 7 C (6 ~ v ~ r6 '~ rn ~ ~ ra O ay p C ~ +~ ~ ~ X N r6 rn ~ O ~ N O i ~ C ~ ~ ~ t ~ ~ 7 ~, ~ ~ +~-' O ~ ~ N L *' ~ ~ U ~ +~ ~ ',, ~ ~ N C ~ ~ N > (6 U ~ ~' L N N Q ~ ~ ~ +~~ ~ ~ ~ ~ ~ ~ *' ~ N O aA ~ , ~ fa rat +~ N ~ VI ~ ~ aA i ~ N . - ~ ~ p ~ rn +~ ~ t ~ ~ ~ +, ~ ~ O U O is > ~ O U ~ ~ VI ~ >~ U 0 ~ ~ ~ ~ ~ O O a-+ ~ O C ~ - N ~ ~ ~ ~ ~ O c C (n ~ C ~ . ~ O *' Q U rn ~ U ~ L 0 ~ ~ 0 ~ N ~ ~ ~ ~ U _ = d7 ~ ~ N O U ~ >~ ~ N ~ ra v w O +~ O ~ _ ~ ~ N ~ ~ C ~ oC ~ ~ O Q Q ~ O p ~ O Q ~ ~ ca L G7 O v ~ _ oC > ~ t O ~ X ~ ~ F® li ~ H U ~ 2 - U ~ U O +~ v rn N +~ ~ N N t 7 O Y c ra t H N c ra Diane Colonna Executive Director Community Redevelopment Agency 20 N. Swinton Avenue Delray Beach, FL 33444 (561) 276-8640 Colonna@mydelraybeach.com Under Florida law, e-mail addresses are public records. If you do not want your e-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. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 9, 2011 SUBJECT: AGENDA ITEM 9.C.1 -REGULAR COMMISSION MEETING OF MARCH 15, 2011 AMENDMENT NO.3 TO THE LEASE AGREEMENT WITH EPOCH REGARDING THE SPADY HOUSE MULTICULTURAL MUSEUM PROPERTIES ITEM BEFORE COMMISSION The item before the Commission is consideration of Amendment No. 3 to the lease agreement with EPOCH regarding the Spady House Multicultural Museum Properties. BACKGROUND The City and EPOCH entered into a lease agreement on June 1, 2001 regarding the Spady House Multicultural Museum Properties. The lease has an expiration date of May 31, 2031. The proposed grant agreement with Palm Beach County provides that EPOCH and the City shall maintain and operate the proposed project (amphitheater) for a period of 30 years from the date of the grant agreement. Since our current lease agreement with EPOCH will expire in 20 years, this amendment will extend the lease agreement through the end of the 30 year period as required by the County grant agreement. RECOMMENDATION Staff recommends that this agreement be tabled and brought back up for consideration along with the amphitheater funding agreement with Palm Beach County. AMENDMENT NO.3 TO LEASE AGREEMENT THIS AMENDMENT NO. 3 to the Lease by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "Lessor'` or "City", and EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, iNC., a Florida not- for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "EPOCH " or `Lessee" is -made this day of , 2011. WITNESSETH: WHEREAS, the parties entered into a Lease and Management Agreement for Premises know as the "Spady House Multicultural Museum Properties" on June 1, 2001; amended by Amendment No. 1 to the Lease Agreement on October 30, 2002; amended by Amendment No. 2 to the Lease Agreement on September 23, 2008; and WHEREAS, the Lease Agreement currently provides that the lease shall terminate on May 31, 2031; and WHEREAS, the parties wish to extend the term of the lease agreement to May 31, 2041. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: 1. Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifcatlans. Paragraph 2, "Commencement and Term", of the Lease Agreement shall be amended to read as fiollows: 2. Commencement and Term. The term of this lease shall commence June 1, 2001,. and shall terminate May 31, X1.2041. The annual rental is one dollar ($1.00} per year and shall be paid on the first day of each year of the lease term. The Lessee may renew this lease upon the express written consent ofi both parties. 3, Entire Agreement. Except as modified by this Amendment, the original Lease Agreement and Amendments No. 1 and No. 2 thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, 1NC. By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2011, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging}, a behalf of the corporation. an oath. (state or place of incorporation} corporation, on He1She is personally known to me or has produced (type of identification) as identification and did (did not} take Signature of Notary Public -State of Florida 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: David Harden, City Manager DATE: March 2, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 RENEWAL OF PROPERTY AND CASUALTY INSURANCE BROKER'S CONTRACT ITEM BEFORE COMMISSION Our current insurance broker contract with Plastridge expires 10/1/ll, but under the terms of the contract it can be renewed each year for three (3) additional years at the City's discretion. BACKGROUND The City issued an RFP for insurance broker services in 2008 and awarded the contract to Plastridge insurance for an initial three year term which ends October 1, 2011. As is shown in the attached table, our insurance broker is paid an annual commission of about $100,000 per year. Our primary insurer, Florida Municipal Insurance Trust (FMIT), would allow direct access by the City at no commission charge and would also provide brokerage services for ancillary insurance coverage. We have learned that of the 255 cities which have FMIT insurance, over 90% purchase coverage directly from FMIT without going through another broker. For example, Coral Springs, Sunrise, Plantation, Oakland Park, Wellington and Greenacres all obtain their coverage provided by FMIT directly without using another broker. While our staff initially had some reservations about going with FMIT, we have found them good to work with and have been very pleased with their service. FUNDING SOURCE Funding for extending our broker's contract is available from 551-1575-591-45.11 (Insurance Fund: Insurance/ General Liability Premium), 551-1575-591-45.31 (Insurance Fund: Insurance/Package Policy Premium), 551-1575-591-45.32 (Insurance Fund: Insurance/Excess Work/Comp Premium) and 551-1575-591-45.90 (Insurance Fund: Insurance/ Other Insurance Costs). RECOMMENDATION The City basically has four options: 1. Renew our contract and stay with our current insurance broker. 2. Purchase insurance provided by FMIT directly from them and leave ancillary coverage with Plastridge. 3. Contract directly with FMTT for all our property and casualty insurance, including ancillary coverage. 4. Issue a new RFP for insurance broker services. We recommend option 3. ' ,~ N i ~' N ~ ~ j ~ ~ OO o X70 ~ ~ ~ O N 'Ct C~ d' ~ M ~ O M M ~ N M O M N ~ ~ ~ T ~ M ~ ti 0 ~ 0 N ~~0 M ~ a G ~ M C q c 0 fl O c 0 M 00 M ~ M (V M M ct' M CD ~ O ~ ~ M ~ ~ E~ r ~ ~ I }- ~ ~ H} Ef-? 00 ER C 6F} (f} EA O c^' r EA r Ff? 64 E!? 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N ~ ~ ~ r ~^- ~-- r r r r r r r r r r r r r r ~ ~ ~ 4~- ~ ~" r ~ r ~ O r ~ O r ~ O r 7 O r 1 O r 7 O r I O r ~ O r I O r 1 O r I O r ! O r ~ O ~' a r ~ 0 r•- ~ 0 i ~ i ~ i ~ ~ T, r r r r r r r r r r r r r r r r ~ ~ ~ ~ . ' O c ~ O ~ M N M N M N r O r O r O r O r CS r o r o d m r CCS ~ '~' ~ N N ,r,., +~ O ~ ~ _ t'- N M cp ~ r r r r r r r 'ct' ~ Cfl M ~ O rn O ~ T I _~ (~ Martin Countv Sewell's Point Palm Beach Countv Atlantis Briny Breezes Cloud Lake Glen Ridge Golf Greenacres Gulf Stream Hypoluxo Juno Beach Jupiter Inlet Colony Lake Park Mangonia Park Royal Palm Beach Sebastian South Bay South Palm Beach Tequesta Wellington Broward Countv Coral Springs Hallandale Beach Hillsboro Beach Lauderdale by the Sea Lauderdale Lakes Lighthouse Point North Lauderdale Oakland Park Pembroke Park Pembroke Pines Plantation Sea Ranch Lakes Southwest Ranches Sunrise West Park Weston Wilton Manors Miami-Dade Countv Aventu ra Bal Harbour Village Bay Harbor Islands Biscayne Park Cutler Bay Doral Golden Beach Hialeah Gardens Indian Creek Village Key Colony Beach Miami Gardens Miami Shores Village Miami Springs North Bay Village North Miami North Miami Beach Opa-Locka Palmetto Bay Pinecrest South Miami Surfside Sweetwater Tamarac Virginia Gardens West Miami MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services Department THROUGH: David Harden, City Manager DATE: March 4, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 SERVICE AUTHORIZATION N0.07-21/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Service Authorization #07-21 to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services in conducting a Water Meter Automatic Meter Read (AMR) System Evaluation, P/N 20ll- 091. At the conclusion of the study, the City will have a strategic plan for future implementation. BACKGROUND Last year, the City had a Water Audit Study conducted to address its unaccounted for water within the distribution system. The study indentified several areas of concern, among them, the age and accuracy of its current water meters. In the current Capital Improvement Program, the Utilities division budgeted $500,000 per year over the next five years to replace aging water meters. Currently, the City uses a walk by "touch pad" reading system for reading water meters. On the Barrier Island and certain areas west of the Intracoastal to US 1, there are approximately 2,200 water meters in use with "radio read" technology (where a sending unit on the meter allows the water usage information to be transmitted to a receiving unit, usually in a vehicle). In pursuing our meter replacements, through various vendors and suppliers, staff has been made aware that there are several new and upcoming technologies and systems available for enhanced, accurate meter reading, including Automatic Meter Read (AMR). An evaluation of the latest technologies and systems would narrow down the best units for our consideration for future planning and implementation. This service authorization is for professional services in conducting an evaluation of the latest systems and technologies in water metering and meter reading. The scope of services includes conducting an assessment of our current metering program; establishing evaluation criteria for the selection of a system; to include cost, compatibility with existing equipment, data management, and utility billing requirements; review of available AMR technologies; conducting interviews with other utilities within the state for comparison; providing a cost analysis of our metering options as well as AMR system options; and providing a final summary water meter strategic plan recommendation. Total cost for Service Authorization #07-21 is $65,612.00. FUNDING SOURCE Funding is available from account #441-5181-536-31.90, Water & Sewer FundlEngineering- Other Professional Services, after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #07-21 to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services related to the Water Meter/AMR System Evaluation, P/N 2011- 091. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-21 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1588 TITLE: Water Meter / AMR System Evaluation This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting En ink eerin~ Services I. PROJECT DESCRIPTION The City of Delray Beach provides potable water service to approximately 20,300 metered connections. The City's water service meters vary widely in age, and reflect a mixture of meter brands and meter reading technologies. Experience has shown that many of these meters do not produce data at desired levels of accuracy. To address this concern, the City wants to develop a water meter strategic plan to provide guidance in the replacement of the existing water meters and in the installation of new meters with new meter reading technology. This service authorization provides for a water meter /automatic meter read (AMR) system evaluation and development of a water meter strategic plan for the City. The goal of the plan is to establish a meter acquisition and replacement strategy that provides efficient and cost effective equipment replacement and maintenance. II. SCOPE OF SERVICES Phase I - Study and Report Phase Consultant shall provide study and report phase services in accordance with Article IILA of the Agreement for Engineering Services with the City, dated May 30, 2007. Task 1. Assessment of Current Metering Program 1. Consultant shall review and summarize the City's current water metering program. Items to be reviewed include the following: ozizzil 1 1 a. Water meter system components and inventory of water metering equipment (number, size and age of meters, etc.) b. Meter testing results and extent of inaccuracies c. Meter reading process d. Customer billing process e. Customer service process f. Annual water meter reading costs, including O&M, R&R, meter reading, customer billing and customer service. Task 2. Water Meter Program Goals 1. Consultant shall conduct a workshop with personnel from various City Departments to establish goals and evaluation criteria for the water meter replacement program. Departments and/or personnel that will be included in the workshop may include, but are not limited to: meter reading staff, meter maintenance staff, billing staff, utility management staff, financial management staff, customer service staff, and information technology staff. 2. The workshop will consider the following evaluation criteria, as a minimum: a. Cost justification b. Staffing requirements c. Technology selection d. Compatibility of equipment e. Information that can be obtained/downloaded from the system, and associated data management options f. Program implementation and deployment options g. Customer service requirements h. Public acceptance i. Political and regulatory issues j. Risk and liability associated with the metering system (personnel safety & equipment tampering/theft risks) k. Collaboration opportunities with other Departments Evaluation criteria may be added or deleted as dictated by the workshop participants. The established goals and evaluation criteria will be assigned weighted priorities by the workshop participants to form the evaluation matrix for the water metering program. 02/22/ 11 2 Task 3. Automatic Meter Reading (AMR) Technology Options 1. Consultant shall review available automatic meter reading (AMR) technologies that are currently available on the market. Technologies that will be evaluated include the following: a. Mobile Radio AMR b. Fixed Radio AMR c. Fixed Network AMR This task will focus on suppliers/technologies that are readily available and serviceable within the City's local service area. 2. For each Supplier/Technology candidate identified for the City's service area, the following information shall be reviewed and summarized: a. Equipment description b. Equipment functions and options c. Staffing and operation requirements d. Ancillary equipment needs e. Compatibility with existing meters f. Life expectancy g. Method of data collection h. Data transfer and download capabilities i. Compatibility with billing software j. Radio signal transmission k. Communication type (one way vs. two way) L Signal power/strength m. Battery considerations n. O&M requirements o. Ease of use p. Warranty terms It is anticipated that up to 5 suppliers will be evaluated under this task, resulting in up to 15 meter supplier/technology combinations. Task 4. Meter Reading System Benchmark Comparisons with Other Utilities 1. Consultant shall conduct surveys of other local, county and/or state utilities to provide a summary of water meter program that have been implemented at other utilities and their experiences with various water meter and AMR technologies. Surveys shall be conducted using written survey forms prepared by the Consultant and telephone interviews. Up to eight (8) utilities of similar size to the City of Delray Beach will be contacted for survey purposes. The data collected will be used for benchmark comparisons with the City's current and proposed water meter program. 2. Consultant, in conjunction with City staff, will select two (2) of the benchmarked utilities and conduct site visits in order to obtain more detailed information regarding 02/22/ i i 3 their water meter program. Field meter staff will be targeted for the site visits in order to obtain first-hand information regarding technology advantages and disadvantages experienced by the utility. Task 5. Cost Analysis of Metering Options 1. Consultant shall provide a detailed cost analysis of the three metering system options: mobile radio AMR, fixed radio AMR and fixed network AMR. The following items shall be considered in the costs analysis: a. Capital expenses (vehicles, reading equipment, equipment replacement schedules & costs). b. Operating costs (salary, education, material & suppliers, contact services, fuel, insurance, meter reading equipment maintenance) c. Meter reading and customer service characteristics (meter reads per day, customer service calls per day, present staffing levels). 2. Consultant shall evaluate deployment strategies and schedules for installation of the new meters with AMR technology. This task will compare a 2-year deployment schedule utilizing contractors vs. a 10-year deployment schedule utilizing City staff. 3. Consultant shall evaluate present value costs, cost per meter read, and revenue recovery/payback for each of the meter system options and deployment strategies. The cost evaluation will take into consideration lost water revenue due to current meter inaccuracies. Task 6. Evaluation of Meter / AMR System Options 1. Consultant shall provide an evaluation of the water meter / AMR options based on the evaluation criteria developed in Task 2 and the cost results developed in Task 5. An evaluation matrix shall be provided listing evaluation criteria, point assignments, and weighting priorities for the criteria. Task 7. Water Meter Strategic Plan 1. Consultant shall prepare a report summarizing the results of Task 1 through Task 6. The report shall provide a summary of the City's water meter strategic plan recommendations, including recommended implementation and deployment strategy. 2. Consultant shall prepare five (5) draft copies of the report for City review. Consultant shall participate in a review meeting with City staff to discuss report findings. Upon receipt of City comments, consultant shall finalize the report and provide eight (8) final copies to the City. 02/22/ 11 4 ADDITIONAL SERVICES Consultant may provide additional engineering services that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during implementation of the scope of services. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at time MC receives executed contract). Refer to Attachment A for project schedule. En~ineerin~ Services Time per Phase Cumulative Time Task 1 -Assessment of Current Metering 6 weeks 6 weeks Program Task 2 -Water Meter Program Goals 2 weeks 8 weeks Task 3 -AMR Technology Options 8 weeks 10 weeks Task 4 -Meter Reading System Benchmark 4 weeks 14 weeks Comparisons with Other Utilities Task 5 -Cost Analysis of Meter Options 4 weeks 14 weeks Task 6 -Evaluation of Meter / AMR System 4 weeks 18 weeks Options Task 7 -Water Meter Strategic Plan - Draft Report 3 weeks 21 weeks - Final Report 2 weeks 26 weeks 02/22/ 11 5 VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. En ing eerin~ Services Estimated Fees Task 1 -Assessment of Current Metering $ 9,252.00 Program Task 2 -Water Meter Program Goals $ 3,096.00 Task 3 -AMR Technology Options $13,572.00 Task 4 -Meter Reading System Benchmark $10,116.00 Comparisons with Other Utilities Task 5 -Cost Analysis of Meter Options $14,256.00 Task 6 -Evaluation of Meter / AMR System $ 4,248.00 Options Task 7 -Water Meter Strategic Plan $ 9,072.00 Reimbursables $ 2,000.00 TOTAL PROJECT COST X65,612.00 02/22/ t t 6 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: David Harden, City Manager MATHEWS CONSULTING, INC. Date: Rene L. Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2011 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking Acknowledgement 02/22/ 11 7 Q z w x U Q H Q a~ 0 0 Z v O a a~ a r r 0 N ~ 3 M R L Q Q L G Y L ° ~ N O ~ Q N ~ ~ ~ p N ~ ~ ++ .~ N U ~ Q O ~ ~ ~ ~ N o L ~ ~ ~ ~ ~ R a V L ~ 0 ~ ~ L •~ a L U L ° c ~ m ~ o i~.+ ~ i~.+ ~~ C a~ ~ r ° a ~ 'N c o ~ y as ~ o ~ r ~ ~ ~' ~ ~ ~ ?~ c ~' ~ 3 ° ~ ° ° ~ ~ y ~ co o ° ~. ~ ~ r N G1 G1 ~ ~ y Q +-+ R 3 ~ G1 ~ y ~ c LL L v uN a +-+ ~ Q a+ ~ N U ~p W a+ ~ 1 r 1 N 1 M 1 ~ 1 ~ 1 ~C 1 f~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ p t° w w t/7 ~ Z >Z ~ W~ Z =J w ~~ Q cn O " U ,~ ~^ '~ '~ '' L: I I I .'.~ ~ ~ ~ N ® ~ v N N N 0 ATTACHMENT B CiXy of Delray Beach Water McXer /AMR SysXem EvaluaXion Budget Summary Labor Classifcation and Hourly Rates Senior Senior Senior Principal Principal Construction Engineering Cadd Sub- Engineer Engineer Engineer I Inspector Technician Designer Clerical Total Consultant $144.00 $144.00 $108.00 $98.00 $97.00 $92.00 $54.00 Labor Services 8 I 8 calls to vQndors for missing information I 8 I 16 Prepare forms for collecting data 4 4 Make initial phone calls to determine shorlist 4 8 Submit and review forms from Utilities 4 8 Conduct 2 site visits 12 12 Summarizefndings 4 8 Subtotal 28 40 0 5 Cost Analysis of Meter Options Summarize costs for each metering option 16 16 ~~~~~~~~~ ~~~~~~~. Evaluate deployment strategy 8 ~ 8 ~~~~~~~~~ ~~~~~~~~~ Evaluate PV cost, cost per read, payback 16 20 Summarize findings 4 8 Subtotal 44 52 0 6 Evaluation of Meter / AMR Options DevQlop evaluation matrix 8 12 Sununar'¢e 5ndings 4 4 Subtotal 12 16 0 7 Water Meter Strategic Plan Prepare draft report 16 20 Review meeting 4 4 Prepare final report 8 8 $2,5y2 $1,728 X52,804 0 I 0 I 0 0 I 0 I 0 $1,200 0 ~ 0 Labor Total Costs $63,612 Subconsultant Costs Total $0 Subconsultant PAultiplier 1,1 Subconsultant Total $0 Reimbursable Expenses $2,000 Project Total $65,612 0 I 0 I 0 6 .,.I 4 ., 0 ._I .............0.................L................0...............I 0 .,. I 4.,. ~ $3,096 ~2~22~ 1 1 9 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND Mr. Edward Bispham, regular member on the Green Implementation Advancement Board, resigned effective February 16, 2011. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 201 L Ms. Stephanie (Chloe) Bedenbaugh is an alternate member and would like to be considered for regular membership. On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advacement Board. The Green Implementation Advancement Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Green Implementation Advancement Board for an unexpired term ending July 31, 2011. 02/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Ana DeMelo Project Manager/Civil a~ 08/04/09 Reappt07/20/10 Engineering 07/31 /2011 David Hawke, Vice Q~air Architect Amt 08/04/09 07/31/2012 Rita Johnson Pusiness Owner-CEO Amt 08/04/09 Reappt07/20/10 07/31 /2012 Jayne King Master a~ 08/04/09 G ardener/E ducator Reappt07/20/10 07/31/2011 Unexp Appt Vacant 07/31 /2012 Laura Reines Director/Special Events a~ 0~/20/1o Coordinator 07/31/2011 Yalmaz Siddiqui, Q~air Environmental Strategy a~ 08/04/09 Advisor ALTERNATE MEMBERS 07/31/2011 Stephanie "Chloe" Sedenbaugh Human Resources Unexp 03/02/10 07/31 /2011 Matthew O'Connell Pusiness Owner Amt 08/04/09 S/City Clerk/Board 11/Green Task Force CITY REPRESENTATIVE: Randal Krejcarek 243-7322 Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Stephanie (Chloe) Sedenbaugh Wyana Claxton Jeffrey Conley Lillian Stajnbaher Human Resources Incumbent Self-employed/Therapist Architecture/Engineering Principal Ecologic Advisor-l~~~naging Principal MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commissioners for an appointment to the Civil Service Board. BACKGROUND The term for regular member Mr. Eric Luckman will expire on April 1, 201 L Mr. Luckman will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for one (1) regular member to serve one (1) full term ending April 1, 2013. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individual has submitted an application and would like to be considered for appointment: Name Background Larry Zalkin Financial Advisor A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending April 1, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Civil Service Board for a two (2) year term ending April 1, 2013. CIVIL SERVICE BOARD 07/10 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01 /2012 Carol Anderson amt o7/06/1o Educator 07/01/2012 SidneyGrossmary Chief Examiner amt 06/17/08 Retired Civil Service Reappt 07/06/10 E mployeeS Association/Law Enforcement 04/01/2011 Eric Luckmary Vice Q-iairperson Attorney Unexp Appt 10/25/05 alt Reappt 07/11/06 alt Amt 03/20/07 reg Reappt04/07/09 04/29/2011 Jennifer Reynolds, Q~airperson Elected o4/~7/05 Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Elected Employee 04/29/11 Kimberly Wynn Executive Assistant/ Elected o4/~9/1o Agenda Coordinator Elected Employee ALTERNATES 07/01 /2012 Carol Clark Retired/Accounting amt 07/06/10 Clerk 04/29/2011 Michael Vinci Elected 04/30/09 reg Re-elected 04/29/10 alt Assistant Planner Elected Employee Contact: Venice Cobb 243-7056 S/CityQerk/Board 11/Civil Senrice MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 8, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND Ms. Barbara Trevino, Ms. Yvonne Walker and Mr. Todd L'Herrou, regular members on the Financial Review Board, submitted their resignations effective immediately. This creates vacancies for two (2) regular members to serve unexpired terms ending July 31, 2011, and one (1) regular member to serve an unexpired term ending July 31, 2012. Please note that Mr. Martin Cherry is an alternate member and would like to be considered for regular membership. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. OS-ll provided for further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be as follows: Term Expiration Date July 31, 2011 (unexpired term) July 31, 2011 (unexpired term) July 31, 2012 (unexpired term) Commissioner/Mayor to appoint Commissioner Gray (Seat # 4) Mayor McDuffie (Seat # 5) Commissioner Eliopoulos (Seat # 1) RECOMMENDATION Recommend appointment of two (2) regular members to serve on the Financial Review Board for unexpired terms ending July 31, 2011, and one (1) regular member to serve an unexpired term ending July 31, 2012. FINANCIAL REVIEW BOARD 1/11 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /12 Vacant 07/31/12 HowardEllingsw~rkh,Q-iair AccoLmting a~ 1o/zo/o9 504 NW 13~ Street Partner/CPA Reappt o~/06/1o De1ra Peacl-y FL 33444 07/31 /11 Vacant 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Vacant 07/31/12 Luise Plane Executive a~ o~/zo/1o Managerrient ALTERNATES 07/31/11 Martin Cherry Executive Vice Unexp Appt 01/18/2011 PreSldent 07/31 /11 Cheryl Shaffner Accounting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard FINANCIAL REVIEW BOARD EXHIBIT A Annlicants with experience in the professions required: Applicant Occupation Peter Arts Licensed Insurance Agent Martin Cherry Executive Vice president Incumbent Anthony Cottone Business Owner/President/Finance John Hallahan Assistant Director of Operations/MBA Jeff Ritter Consulting/MBA (currently serving on the Police Advisory Board) Alexander Simon Retired/MBA Finance Warren Trilling Certified Public Accountant AndrewYoungross Engineer/Business Owner MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 04-ll (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District), Section 4.3.3(ZZZZ) [Requirements for Specific Uses] and Appendix "A", "Definitions". The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements that apply to operations and provides distances between similar businesses. BACKGROUND The human transporter machines, otherwise known as Electric Personal Assistive Mobility Devices (EPAMD's) or Segways, are a relatively new technology that was "unveiled" in 2001. These machines are two-wheeled, self balancing, electrically operated transporters that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has arisen that offers guided tours on these devices. This privately initiated LDR text amendment would add these tours as a conditional use in the CBD (Central Business District) subject to special regulations. The proposed special regulations under which the use should operate are an attempt to address and mitigate any concerns including potential nuisance and safety issues. It is noted that this amendment is separate from Ordinance 5-ll as proposed by the City Attorney, which addresses EPAMD use citywide. This citywide ordinance will also apply to private EPAMD's use, EPAMD rentaUlease uses as well as escorted EPAMD tour uses. The privately initiated amendment includes a limited number of special regulations while all of the provisions of the citywide ordinance have been included in staff's recommended version. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales in the CBD includes a limited number of special regulations which would apply to this vendor (applicant) along with any similar vendors citywide and is attached as Ordinance version #1 (applicant). During the text amendment review process, staff recommended that additional regulations be added to adequately address safety concerns with the use and to mirror those which are proposed with the city-wide EPAMD ordinance. Staff's version is attached as Ordinance version #2. With the incorporation of the additional special regulations proposed by staff, a positive finding can be made that the LandDevelopment Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The notable difference between the applicant's version and staff's version is the provision that prohibits tours on the east side of State Road AlA, and a provision that requires a minimum age and weight for riders. Tour operators would be allowed to operate on the west side of A-1-A, except for one block north and south of Atlantic Avenue. It is staff's position that an unsafe situation would be created by introducing tours on the east side of State Road AlA due to the congestion in this area. It is noted that the city-wide EPAMD ordinance will also prohibit EPAMD tours on the east side of A-1-A, and exclude non-tour operators (rentals and private machines) from both sides of A-1-A. Restrictions on other congested areas are also included. These mirror the applicant's request with the exception of Pineapple Grove Way which is restricted from Atlantic Avenue to NE 3rd Street in the staff's and city- wide versions while the applicant's version restricts it "from the sidewalk adjacent to Pineapple Grove Way". Additional background and a detailed analysis of the request are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), WARC (West Atlantic Redevelopment Coalition), and the PGMS (Pineapple Grove Main Street) Executive Committee. The CRA considered the proposed text amendment however, it did not make a recommendation. The proposed text amendment will be considered again at its meeting of March 10, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of January 24, 2011 and recommended approval (3 to 1 vote, Mr. Miller dissenting), subject to the condition that the ordinance be revised and "worked-out" with staff. The Planning and Zoning Board felt that staff's version of the ordinance was too restrictive and that many of the special regulations such as safety procedures, routes, logistics, and operational concerns should be shifted to items reviewed as part of the conditional use approval process rather than specifically identified as special regulations. The Board also felt that new or amended routes after the initial conditional use should be considered and approved administratively by staff rather than as a conditional use modification. It is noted that most of staff's additional special regulations mirror the citywide ordinance and therefore would be applicable to all tour uses upon its adoption regardless of whether or not staff's specific recommendations are adopted at this time as part of the privately initiated amendment. Community Redevelopment Agency (CRAB: The CRA considered a draft of the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was finalized. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such tune that the potential impacts are better known). 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The tune of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text a~nend~nent be revised to include a provision that the applicant identify the tune and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. The staff's and City Attorney's version of this ordinance includes a provision that indicates that persons must be at least 11 years of age and or 75 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications). The CRA is scheduled to reconsider the proposed LDR text amendment at its meeting of March 10, 2011. The results of the CRA meeting will be provided to the City Commission. Downtown Development Authority (DDA The DDA considered the proposed LDR text amendment at its meeting of January 10, 2011 and had the following concerns/observations: 1. Better definition of what a Segway is (An expanded definition of EPAMD's has been added with staff's recommended version of the LDR text amendment and the City Attorney's Ordinance.) 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour. (A limit on the number of tours and number of participants per tour is part of the text amendment under review by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of all ordinances). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a complete opinion on the (liability??) (The City Attorney's Office is aware of the proposed LDR text amendment and will provide the opinion in accordance with direction by the City Commission). The DDA will consider the modified text amendment again at its meeting of March 14, 2011. The results of this meeting will be presented to the City Commission at its meeting of March 15, 2011. West Atlantic Redevelopment Coalition (WARC The WARC considered the proposed LDR text amendment at its meeting of January 11, 2011 and had the following concerns/observations: 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption is included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated a~nend~nent that addresses privately owned EPAMD's). 3. The LDR text amendment needs to include a provision that identifies an appropriate minimum age for riders. (This item has been included in both the staff's reco~n~nended version and City Attorney's version of the city-wide ordinance). 4. The WARC felt that every effort be made to encourage historical tour routes along West Atlantic Avenue. 5. The LDR text amendment needs to include limitations on the hours of operation (This is now included sunrise to sunset). Pinea~le Groves Main Street Executive Committee (PGMS The PGMS considered the proposed LDR text amendment at its meeting of February 2, 2011. The PGMS unanimously recommended approval of staff's version of the amendment. RECOMMENDATION By motion, approve on first reading Ordinance 4-ll, amended as outlined in the staff's version of the ordinance amending LDR Section 4.4.13(D)(22)[Central Business District), Section 4.3.3(ZZZZ) [Requirements for Specific Uses], and Appendix "A", "Definitions", to allow tour operators and sales of human transporters commonly known as "Segways" and provide for specific requirements regarding operations and distances between similar businesses, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). The staff's version amends line 12 of the ordinance title. It also amends in Section 3 paragraph (ZZZZ) (1), and deletes (ZZZZ)(2)(a), (b) and (c). Subparagraphs (b) and (c) are covered by Ordinance OS-ll. Finally the staff version amends Section 4. I strongly recommend that subparagraphs (ZZZZ)(2)(g) through (x) not be included in Ordinance 04- 11. These subparagraphs deal with operational issues associated with the Segway tours, not land use matters, therefore they should not be in the Land Development Regulations. Furthermore, they duplicate what is in Ordinance 04-ll amending Chapter 132 of the City Code. Having the same requirements in both the LDR's and the City Code will lead to confusion when, as time passes, one is inevitably amended and the other is not. In addition, the LDR's cannot be amended without review by the Planning and Zoning Board, while the City code can be amended by the City Commission without Planning and Zoning Board review. Having the same requirements in both the City Code and the LDR's creates immediate confusion as the to the amendment process. Instead of having these requirements in both places, Ordinance OS-ll should be amended to include a requirement that Segway tours must comply with the requirements of Chapter 132 of the City of Delray Beach Code of Ordinances. Version #1-Applicant's Version ORDINANCE NO. 04-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D}, "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," BY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND BY AMENDING .APPENDIX "A", "DEFINITIONS", TO ESTABLISH REGULATIONS FOR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF SEGWAY TOURS AND SEGWAY SALES; 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 arncndnacnt at a public hearing held on January 24, 2011 and voted 3 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Stat2ite 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthexs the goals, objectives and policies of the Comprehensive Plan.; and WHEREAS, the City Carnmtssion of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Deport; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the Code of Ordinances of the CitST of Delray Beach, Florida, be amended to read as 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 litxzited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is an 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){I}. (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 tbat such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue ar N.E. 2nd Avenue {a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. {7) Recreational establishrxients such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rit~lis. ($) Veterinary clinics. {9} Movie theaters, excluding drive-ins. (l 0) 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 skaTl not be located east of the Tntracoastal Waterway or an 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 4.4.13(1). 2 (Version #1 - Appticant's version) ORD, NO. (4) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {5) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.G.9(F~(3). {6) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (7) Hotels, motels, 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{I). (19) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3{Y) (20) Live/Work Unit, subject to Section 4.3.3 (KKK). (21) Large Family Child Care Home subject to Section 4.3.3(TT). 22 Segway Tours and Se~vay Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ}. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses," of the Land Development Regulations of the Code of Ordistances of the City of Deh:ay Beach., Florida, be amended by enacting a new Subsection {ZZZZ), "Segway Tours and Segway Sales," to read as follows: ZZZZ Se a Tours and Se a Sales shall mean a business that is a roved as a conditional use under Section 4.4.13 (D) (22~ which conducts tours on Segways and/or sells Segways. ~ ``Se~~a`T" is i_sed a~. a ~crr~~i7c: tcrn-~ ~.uid'~lo~s rZCrt i~cfc~ to ,~'p,irric:tilar niatiutacture3-'S x~ir,~lue.r Sc~g«:a~~'s clcFuiud E<rr;ti~csc'~eirp~»~5 i~ sP forlli in S~raicm 4.=1- [.; ~)L~??l (~ Special Conditions and T.imitations -- The following Special Conditions and Limitations are imposed on Segway tours and sales. Tours trust be escorted. 3 (Version #1 -Applicant's version) ORll. NO. No tour shall consist of more than nine (9) customers plus the tour escort. (c Seg~vays cannot be operated: (i} _ou the sidewall~ adjacent to Pineapple Grove Way (N.E. 2nd Avenue, (ii) the west side of Kighway A1A on the first blocl~ north and south of Atlantic Avenue, or (iii) on Atlantic Avenue from Interstate 95 to the Atlantic Ocean except between S.E. 7`r' Avenue and the Intracoastal Waterway on the west side of the bridge, between dze bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue. Riders shall dismol>:nt and walk their Se a s over the bride. T_he at~>alicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved. ~ No txaore than nine (9} tours shall be conducted each dad ~ All servicing of Segways shall be indoors and not utilize more than twenty_~20%) of the floor area of the premises. Noo S--~ay sales or tour businesses shall be located within three hundred (300 feet of any other Segwa~ sales or tourbusiness, as measured_ fiom property line to ro er line in a strai ht line. l~i Tour 'des shall not am li voice or music while o eratin touts. I're tour instructions shall not be conducted on public streets or public sidewalks. Section 4. That Appendix A, "Definitions," of the Land DevelopYnent Regulations of the Code of Ordinances of the City of Delray Beach, r'lorida, be amended by adding a new definition to read as follows: SEGWAY TOTRS ,AND S [-~ T`~,• 1 Y" ~~1L.E5 f1 biYSiiless that conducts escr~ttc~~::t~~urti_ at~cl%c>r wl~iclY self an 1?.Irc~ic l7~rsonal 1~Si.scai~ce r~~obilrn= cle~~ie'human ti.~.nt~ort~~r «tYtlz t]-rc ic,llt>~c>in~ cli.~i~icCeiistics: ~~al carzirs ~nl`- one lersoii b:) self lrilarlcitY,;_{c~_1he~_r.>~~t:tec,t~ is s~~enclin~ u~~~tght {"dl~,<)~;elecl h~T an electrie_~_~~,t~,r=~ric1 i~ niazi~tacd to h~~ve _~ Yn~>,~tmuYr) st)eecl c)1 1?.5 Holes yJZe ]1(1ur, 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 (Version #1 -Applicant's version) ORD. NO. decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST City Clerk First Reading Second Reading MAYOR 5 (Version #1 -Applicant's version) ORD. NO. Version. #2 -Staff's Version ORDINANCE NO. 04--11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THF_. LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," BY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND BY AMENDING APPENDIX "A", "DEFINITIONS", TO ESTABLISH REGULATIONS h'OR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF ELECTRIC PERSONAL ASSISTNE MOBILITY DEVICE (EPAMD); PROVIDING A S1IVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE 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 January 24, 2011 and voted 3 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Hoard, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives at~d 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 Carnrrrission 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 CI'I"Y OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Reg~.ilations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as 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 ]united to such uses as pinball, air hockey, electronic games, and other similar coca operated games when an attcz~dar~t 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(ll)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (C) Gasoline stations ox 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 ox N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. (7) Recreational establishments such as bo~vling alleys, gymnasiums, health spas, miniature golf couxses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly fox 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 Water-~cvay 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 Stxcet and north of S.E. 2nd Street, subject to the standards and lux3itations of Section 4.4.13(I}. 2 (Version #2 - Staff s version} ORD. NO. 04-11 (4} Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (5) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required paxking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (6} Drive-in or drive-through restaurants on property located within the West Atlantic Neigboxhood. (7} Hotels, motels, and residential-type inns on property located within the West Atlantic Neighborhood. (18) tree 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 standaxds and lirxiitations o£ Section ~1.4.13(I). (19} Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3('Y) {20) Live/Work Unit, subject to Section 4.3.3 (KKK). (21) Large p'arruly Child Care Home subject to Section 4.3.3(TT). 22 Se wa Tours and Se va Sales ursuant to restrictions set forth in Section 4.3.3(ZZZZ). Section 3. That Section 4.3.3, "Special Requirements for Specific Uses," of the Land Development Regulations of the Code of Ordinances o£ the City o£ Delray Beach, b'lorida, be amended by enacting a new Subsection (ZZZZ), "Segway Tours and Segway Sales," to read as follows: ~ZZZZ) Segway Tours and Segway Sales shall mean a business that is approved as a conditional use under Section 4.1.13 22 which conducts tours on Se wa s and or sells Se wa s. "Segway" is used as a genexic texxxa and does not xefer to a particular manufacturer's roduct. Se a is defined for these u oses as an electric ersonal assistive mobili device (EPAMD) as set forth in Apt~en_r....._ t3ix "A". (22)! Special Conditions and Limitations -- The following St~ecial Conditions and Limitations are imposed on Se~way tours and sales: The applicant for Conditional Use will designate routes fox the tours and shall 3 {Version #2 -Staff's version) ORD. NO. 04-11 be limited to onl~r routes that are approved. b~ No more than nine 9 tours shall be conducted each. da . ~ All servicing of Segways shall be indoors and not utilize more than twent~r (20%~ of the floor area of the premises. No Se a sales or tour businesses shall be located within three hundred 300 feet of any other Segwa~ sales or tour business, as measured from Propertq line to Propertir line in a straight lixae. Tour guides shall not amplify voice or music while operating tours. ~f Pre tour instructions shall not be conducted on ublic streets sidewall~s ox between the building and the adjacent street. ~ The tour business shall rovide an a roved site fox education and instruction and shall rovide such instruction on the o eration and use of EPAIV1Ds b its employees and customers. For Purposes of this section, customers shall include all tour Patrons and users, whether ox not consideration is paid for such use. ~h The maximum number of EPAMD users that can be included in and single tour is nine,~lus tour leaders. No rider shall be allowed on and tour under 11 dears of age and 75 Pounds in wei~htan~ox as limited b~ the tour operator's insurance company reauircments, and/or pursuant to the EPAMD manufacturer's sPeciftcations. There shall only be one xidcx Pex EPAMD. There shall be a iriinirrium of one tour leader for each tour and such leader shall be an employee or ownex of the business. ~k Only leaders/operators experienced in the use and operation of EPAMDs shall give tours. Tour leaders ox o~exatoxs shall wear safety reflector vests. ~l No EPAMD shall hark in a vehicle Parking space. ~No EPAMD shall be used or operated in excess of a maximum speed of 12 miles per hour except, tivhen operating an EPAMD along the west side of A1A, where allowed, frotx~. the .notch end of the zuunicipal beach to Casuarina Road the maximum speed shall be 6 miles ber hour. (Version #2 - Staff s version) ORD. NO. 04-11 ~ Tours shaIl use the Public sidewalks, unless there is no sidewalk or the sidewalk surface is not conducive for EPAMD traffic. Tours mad ride through intersections on the same basis as a Pedestrian. EPAMDs shall be subject to all traffic regulations.- ~ No tour will be conducted or o erated after sunset and before sunrise. ~ Tours shall not enter and private property without Prior Permission from the owner. Every EPAMD or rider shall be ecluiP~ed with a sounding device, which shall be used, when necessary, when Passing or approaching Pedestrians or other users of the street or sidewalk. An EPAMD user shall Meld the right-off wad to :pedestrians and disabled People with assistive devices or guide animals. ~ All users or customers shall wear helmets during trairun~ and at all other_times during the tour or at and time while on or operating an EPAMD. ~ Users or customers shall not be~ermitted to operate- an EPAMD while under the a~arent influence of alcohol or drugs, including prescription drugs that imbair the user`s ability to operate machinezy. or in the event ha.t he tour operator or emPio~ees~ have actual knowledge of the fact-that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user's abilit~r to operate machinery Tour operators shall follow the requirements of Florida Sate Statutes regarding the necessity to file a Police report in the event of an accident. ~ All of the above re uiremcnts and conditions shall be ex lamed ands ecificall described by the tour operator or_ employees ~o_each user or customer prior to the use of an EPAMD b~ such user or customer. ~ No EPAMD shall exceed the width of 26 inclies__at its widest point. No EPAMD shall contain signage advertising and business. The tour leader's EPAMD ma contain minimal advertisin re ardin the tour business. ~ No tour shall be Permitted on Atlantic Avenue fiom 11-I-A to I-95; the east side of A-1-A from the north end of the munici al beach to Casuarina Road• the west side of A-1-A that is one block north and one block south of Atlantic Avenue; and Pineapple Grove Wad from Atlantic Avenue to N.E. 3"~ Street (Version #2 -Staff's version) ORD. NO. 04-11 which includes all sidewalks, streets/roads and bike paths. EPAMDs may traverse the areas listed above if the EPAMDs are not ridden and only when it will not interfere with edestrian and vehicular txaffrc. Section 4. That Appendix A, "Definitions," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be atxzended by adding a new definition to read as follows: ELECTRIC PERSONAL ASSISTNE MOBILITY DEVICE (EI'AMD~ Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximums eed of which on a aved level surface when owered solel such a ro ulsian s stem while bein ridden b an o eratar who wei hs 170 ounds is less than 20 miles er hour. 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 o£ corxipetent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict Herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST City Clerk First Reading Second Reading MAYOR {Version #2 - Staff s version) ORD. NO. 04-11 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 24, 2011 AGENDA NO.: IV.C. AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.13(D)(22)[CENTRAL BUSINESS DISTRICT CONDITIONAL USES] AND 4.3.3(ZZZZ) [SPECIAL REQUIREMENTS FOR SPECIFIC USES] TO ALLOW TOUR OPERATORS AND SALES OF HUMAN TRANSPORTERS AND PROVIDING SPECIFIC REGULATIONS FOR THE CONDUCT OF THESE BUSINESSES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District) and Section 4.3.3(ZZZZ) [Requirements for Specific Uses]. The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements regarding operations and distances between similar businesses. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The human transporter machines, which are becoming referred to as Electric Personal Assistive Mobility Devices (EPAMD's), are a relatively new technology that was "unveiled" in 2001. These machines are atwo-wheeled, self balancing, electrically operated transporter that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has risen that offer guided tours on these devices to groups. The privately initiated LDR text amendment is proposed which would add the tour use subject to special regulations in the CBD (Central Business District) as a conditional use. The proposed special regulations under which the use should operate are proposed in an attempt to address and mitigate any concerns including potential nuisance and safety concerns. The analysis of these special regulations is provided in the following section. It is noted that this amendment is separate from a ordinance which addresses Segway use citywide which is being processed by City staff. This ordinance will impact private Segway use, Segway rental/lease uses and escorted tour uses. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours in the CBD and includes special regulations which would apply to this vendor along with any similar vendors citywide. LDR TEXT AMENDMENT ANALYSIS The following is an excerpt from a justification narrative submitted by the applicant: "...The business purpose is to conduct escorted tours on Segways and to take orders for sale of Segways..." The proposed LDR text amendment will list EPAMD tour operators and sales in the CBD zoning district as conditional uses and provides special regulations which would apply to these businesses. It is noted the sales component of EPAMD's is technically already allowed in the CBD zoning district under the general category of retail sales. The sales were originally thought to be considered under vehicle and/or recreational vehicle use category which is limited to the AC (Automotive Commercial) zoning district. However, further research revealed that EPAMD's are not considered vehicles pursuant to Florida Statutes 316.003(83) of the Vehicle Code of the State of Florida. Further, they do not meet the City's definition of vehicles. The amendment to add the use of escorted tours to the CBD zoned properties will by default also add them to CBD-RC zoned areas as the CBD-RC zoning regulations encompass uses allowed in the CBD zoning district. The special regulations as proposed by the applicant that would apply to this use include: 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours: (a) Tours must be escorted. (b) No tour shall consist of more than nine (9) customers plus the tour escort. (c) Segways cannot be operated (i) on the sidewalk adjacent to Pineapple Grove Way (N.E. 2nd Ave), (ii) the west side of Highway A1A on the first block north and south of Atlantic Avenue, or (iii) on Atlantic Avenue except between S.E. 7th Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue Riders shall dismount and walk their Segways over the bridge. (d) The applicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved. (e) No more than nine (9) tours shall be conducted each day. (f) All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g) No Segway sales or tour businesses shall be located within three hundred (300) feet of a then existing Segway sales or tour business, as measured from property line to property line in a straight line. (h) Tour guides shall not amplify voice or music while operating tours. (i) Pre tour instructions shall not be conducted on public streets or public sidewalks. While reviewing this privately initiated request staff also reviewed the special regulations proposed in the citywide ordinance relating to future EPAMD operators. Acknowledging that citywide ordinance is a fluid ordinance, this tour operator shall comply with all regulations of this new ordinance and is not considered vested under rules currently in effect. This vendor, while currently operating, has not been legally established and is not considered 2 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours grandfathered in as it relates to proposed new regulations for Segway uses. If the applicant does not agree to these conditions, it is recommended the current proposal be continued until after passage of the citywide ordinance. Therefore, given the pending citywide ordinance and staff concerns related to this use, staff is recommending the special regulations be modified to reflect the following changes (staff recommended additions are underlined): 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours and sales. (a)Tours must be escorted, subiect to the following provisions: There shall be a minimum of one tour leader for every five users of EPAMDs, and two tour leaders for more than five users. 2. Only leaders/operators experienced in the use and operation of EPAMDs shall give tours. Tour leaders or operators shall wear safety reflector vests. 3. When two leaders/operators are present on the same tour, they must be able to communicate with each other through the use of private communication devices (two- way radios, cellular phones or similar devices) and have available the use of rearview mirrors- (b)No tour shall consist of more than nine (9) customers plus the tour escort, subiect to the following provision: No rider shall be allowed on any tour under 14 nears of age and/or 100 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications. (c) Segways cannot be operated on the following: No tour shall use the public streets or roads of the City, except at intersections for crossing. 2. Tours shall not enter any private property without prior permission from the owner. 3. On the sidewalk adjacent to Pineapple Grove Way (N.E. 2nd Ave). 4. The east side of State Highway A1A from Casuarina Road north to the north end of the City beach. ^n Oho firc4 hlnnL nnr+h ~n`J cni i4h of 441~n4in 4voni io 5. On Atlantic Avenue from Interstate 95 to the Atlantic Ocean except between S.E. 7tn Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue. Riders shall dismount and walk their Segways over the bridge. (d)The applicant will designate routes for the tours and shall be limited to only routes that are approved by the City as part of the Conditional Use approval process. 3 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours (e)No more than nine (9) tours shall be conducted each day, subject to the following: 1. All users or customers must be shown a safety video and provided with "hands on" EPAMD training by an experienced operator in a controlled area prior to such user physically operating an EPAMD in any public area of the City. 2. No tour will be conducted or operate after dusk. (f)All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g)No Segway sales or tour businesses shall be located within three hundred (300) feet awn rr other ^f ° +hon o.,;~+.^^ Segway sales or tour business, as measured from property line to property line in a straight line. (h)Tour guides shall not have or utilize amplify voice or music while operating tours. (i) The tour business shall provide an approved site for education and instruction on the operation and use of EPAMDs by its employees and customers. For purposes of this article, customers shall include all tour patrons and users, whether or not consideration is paid for such use. Pre tour instructions shall not be conducted on public streets, sidewalks, or between the building and the adjacent street. Q) Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device. (k)An EPAMD user shall yield the right-of-way to pedestrians and shall give an audible signal with a sounding device before overtaking and passing a pedestrian. (I) All users or customers shall wear helmets during training and at all other times during the tour or at any time while on or operating an EPAMD. There are several concerns with respect to the proposed LDR text amendment. The following are the concerns or observations expressed by WARC (West Atlantic Redevelopment Coalition), DDA (Downtown Development Authority), CRA (Community Redevelopment Authority), and staff: Route Limitations: Per Florida State Statute 316.183(2), the maximum speed limit for all vehicles is 30 miles per hour in business or residential districts. The City is allowed to set a maximum speed limit of 20 or 25 miles per hour in residential districts. Further, per Florida State Statute 316.2068(1)(a), EPAMD's are allowed on a road or street where the posted speed limit is up to 25 miles per hour. EPAMD and EPAMD tours shall be restricted from portions of Atlantic Avenue, Pineapple Grove Way, and State Highway A1A. The 100-yard exemption noted on Atlantic Avenue was originally proposed by the applicant in the vicinity of the Intracoastal Bridge to allow access to the east side of the Intracoastal Waterway. However, this exemption did not provide access to a side street where the tour could resume. Thus, modified language is now included to extend further east and west to provide access to a public street. 4 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours EPAMD Demonstration/Testin Where the preliminary training, test driving, and demonstration of machines necessary to familiarize novices with operation of these machines will occur is a concern. These activities should not occur in the street or on the sidewalk between the building and the street. Ideally, these practices should occur indoors. At a minimum, these types of uses should provide an off-street location on private property or inside area for this activity. The privately initiated LDR text amendment includes staff revisions which address this provision. Pineapple Grove Way: The Pineapple Grove Way corridor shares some of the same characteristics as Atlantic Avenue such as sidewalk cafes and increased pedestrian flow. Therefore, the prohibition of these devices is extended along Pineapple Grove Way up to NE 4th Street similar to proposed restrictions on Atlantic Avenue and State Road A1A. Retail Sales: The LDR text amendment should be revised to delete subsection 2(f) "retail Sales may be conducted at the premises." The provision for sales is currently allowed as previously noted. Tour Routes' The text amendment indicates that applicant for a conditional use needs to designate routes for the tours and is limited to only routes that are approved. These proposed routes will need to be identified and reviewed during the conditional use process given the limitations and potential impact on the surrounding commercial and residential areas. Clarification language is included in the staff recommendation. Definition: The applicant's definition of the personal transporter is located in the portion of the LDR's which references the use. It is more appropriate to list the use in the definition section of the code and a revision to the definition to be consistent with Florida Statutes is proposed by staff. Further, the definition should be revised to indicate that these devices are two wheeled on the same plane or axle versus in tandem, which will exclude other devices such as scooters. These issues are attached as a condition of approval. This definition is proposed as follows: "Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Specific Roadway Restrictions: The proposed LDR text amendment prohibits EPAMD's along Atlantic Avenue, Pineapple Grove Way, and the west side of State Road A1A except for a small piece on either side of the Intracoastal Waterway (to allow access to the east side of the Intracoastal Waterway). The current 5 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours citywide ordinance actually recommends any EPAMDs allowed on State Road A1A be limited to the west side and recommends restricting access to the east side where the activity levels and the potential for conflicts is enhanced. Revisions to the applicant's language is proposed under staff recommended changes. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), and WARC (West Atlantic Redevelopment Coalition). The PGMS (Pineapple Grove Main Street) Executive Committee will consider the proposed LDR text amendment at its meeting on February 2, 2011. The recommendation of the PGMS Executive Committee will be reported to the City Commission. Further, while the CRA considered the proposed text amendment it did not make a recommendation. The proposed text amendment will be considered again at its meeting of January 27, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Community Redevelopment Agency (CRA): The CRA considered the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was completed. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. This ordinance includes a provision that indicates that persons must be at least 14 years of age and/or 100 pounds in weight, and/or as 6 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications). Downtown Development Authority (DDA): 1. Better definition of what a Segway is (An expanded definition of EPAMD's has been added with staff's recommended version of the LDR text amendment). 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour (The impact of the number of tours and number of participants per tour will be part of the consideration of the text amendment by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of the ordinance). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a complete opinion on the (liability??) (The City Attorney's Office is aware of the proposed LDR text amendment and will provide the opinion in accordance with direction by the City Commission). West Atlantic Redevelopment Coalition: 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption will be included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAMD's). Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The City has received a privately initiated LDR text amendment to include EPAMD tour operators in the CBD zoning district (subsequently including the CBD-RC zoning district). These devices are a relatively new technology and the potential nuisances are not completely known. Further, a cottage industry has arisen using these devices for tours. Thus, the LDR text amendment includes provisions that address potential public hazards and nuisances that may be experienced with these devices. The recommended staff changes mirror the citywide ordinance being processed as a City 7 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours initiated text amendment to the Code of Ordinances throughout the City. If these changes are accommodated a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to conditions of approval. C. Move a recommendation of denial to the City Commission of the request to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to the following conditions of approval: 1. That the special conditions section be modified to include the modifications requested by staff. 2. That the following definition be added to Appendix "A" [Definitions] of the Land Development Regulations: "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Attachment: • Exhibit "A" [Applicant's Proposed Amendment] 8 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 04-ll (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Page 1 of 4 The action requested of the City Commission is approval of a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District), Section 433(ZZZZ) [Requirements for Specific Uses] and Appendix "A", "Definitions". The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements that apply to operations and provides distances between similar businesses. BACKGROUND The human transporter machines, otherwise known as Electric Personal Assistive Mobility Devices (EPAMD's) or Segways, are a relatively new technology that was "unveiled" in 2001. These machines are two-wheeled, self balancing, electrically operated transporters that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has arisen that offers guided tours on these devices. This privately initiated LDR text amendment would add these tours as a conditional use in the CBD (Central Business District) subject to special regulations. The proposed special regulations under which the use should operate are an attempt to address and mitigate any concerns including potential nuisance and safety issues. It is noted that this amendment is separate from Ordinance 5-ll as proposed by the City Attorney, which addresses EPAMD use citywide. This citywide ordinance will also apply to private EPAMD's use, EPAMD rental lease uses as well as escorted EPAMD tour uses. The privately initiated amendment includes a limited number of special regulations while all of the provisions of the citywide ordinance have been included in staff's recommended version. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales in the CBD includes a limited number of special regulations which would apply to this vendor (applicant) along with any similar http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 2 of 4 vendors citywide and is attached as Ordinance version #1 (applicant). During the text amendment review process, staff recommended that additional regulations be added to adequately address safety concerns with the use and to mirror those which are proposed with the city-wide EPAMD ordinance. Staffs version is attached as Ordinance version #2. With the incorporation of the additional special regulations proposed by staff, a positive finding can be made that the Land Development Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The notable difference between the applicant's version and staff's version is the provision that prohibits tours on the east side of State Road AlA, and a provision that requires a minimum age and weight for riders. Tour operators would be allowed to operate on the west side of A- 1-A, except for one block north and south of Atlantic Avenue. It is staff's position that an unsafe situation would be created by introducing tours on the east side of State Road AlA due to the congestion in this area. It is noted that the city-wide EPAMD ordinance will also prohibit EPAMD tours on the east side of A-1-A, and exclude non-tour operators (rentals and private machines) from both sides of A-1-A. Restrictions on other congested areas are also included. These mirror the applicants request with the exception of Pineapple Grove Way which is restricted from Atlantic Avenue to NE 3rd Street in the staff's and city-wide versions while the applicants version restricts it "from the sidewalk adjacent to Pineapple Grove Way". Additional background and a detailed analysis of the request are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), WARC (West Atlantic Redevelopment Coalition), and the PGMS (Pineapple Grove Main Street) Executive Committee. The CRA considered the proposed text amendment however, it did not make a recommendation. The proposed text amendment will be considered again at its meeting of March 10, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of January 24, 2011 and recommended approval (3 to 1 vote, Mr. Miller dissenting), subject to the condition that the ordinance be revised and "worked-out' with staff. The Planning and Zoning Board felt that staff's version of the ordinance was too restrictive and that many of the special regulations such as safety procedures, routes, logistics, and operational concerns should be shifted to items reviewed as part of the conditional use approval process rather than specifically identified as special regulations. The Board also felt that new or amended routes after the initial conditional use should be considered and approved administratively by staff rather than as a conditional use modification. It is noted that most of staff's additional special regulations mirror the citywide ordinance and therefore would be applicable to all tour uses upon its adoption regardless of whether or not staff's specific recommendations are adopted at this time as part of the privately initiated amendment. Community Redevelopment Agency (CRAB: The CRA considered a draft of the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was finalized. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 3 of 4 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. The staff's and City Attorney's version of this ordinance includes a provision that indicates that persons must be at least 11 years of age and or 75 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's spec cations). The CRA is scheduled to reconsider the proposed LDR text amendment at its meeting of March 10, 2011. The results of the CRA meeting will be provided to the City Commission. Downtown Development Authority (DDA The DDA considered the proposed LDR text amendment at its meeting of January 10, 2011 and had the following concerns/observations: 1. Better definition of what a Segway is (An expanded definition of EPAND~'s has been added with staff's recommended version of the LDR text amendment and the City Attorney's Ordinance.) 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour. (A limit on the number of tours and number of participants per tour is part of the text amendment under review by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of all ordinances). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a Attorney's Office is aware of the proposed LDR accordance with direction by the City Commission). complete opinion on the (liability??) (The City text amendment and will provide the opinion in The DDA will consider the modified text amendment again at its meeting of March 14, 2011. The results of this meeting will be presented to the City Commission at its meeting of March 15, 2011. West Atlantic Redevelopment Coalition (WARC): The WARC considered the proposed LDR text amendment at its meeting of January 11, 2011 and had the following concerns/observations: http://itwebapp/AgendaIntraneCBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 4 of 4 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption is included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAND~'s). 3. The LDR text amendment needs to include a provision that identifies an appropriate minimum age for riders. (This item has been included in both the staff's recommended version and City Attorney's version of the city-wide ordinance). 4. The WARC felt that every effort be made to encourage historical tour routes along West Atlantic Avenue. S. The LDR text amendment needs to include limitations on the hours of operation (This is now included sunrise to sunset). Pinea~le Groves Main Street Executive Committee (PGMS): The PGMS considered the proposed LDR text amendment at its meeting of February 2, 2011. The PGMS unanimously recommended approval of staff's version of the amendment. RECOMMENDATION By motion, approve on first reading Ordinance 4-ll, amended as outlined in the staff's version of the ordinance amending LDR Section 4.4.13(D)(22)[Central Business District), Section 433(ZZZZ) [Requirements for Specific Uses], and Appendix "A", "Definitions", to allow tour operators and sales of human transporters commonly known as "Segways" and provide for specific requirements regarding operations and distances between similar businesses, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). The staff s version amends line 12 of the ordinance title. It also amends in Section 3 paragraph (ZZZZ) (1), and deletes (ZZZZ)(2)(a), (b) and (c). Subparagraphs (b) and (c) are covered by Ordinance OS-ll. Finally the staff version amends Section 4. I strongly recommend that subparagraphs (ZZZZ)(2)(g) through (x) not be included in Ordinance 04- 11. These subparagraphs deal with operational issues associated with the Segway tours, not land use matters, therefore they should not be in the Land Development Regulations. Furthermore, they duplicate what is in Ordinance 04-ll amending Chapter 132 of the City Code. Having the same requirements in both the LDR's and the City Code will lead to confusion when, as time passes, one is inevitably amended and the other is not. In addition, the LDR's cannot be amended without review by the Planning and Zoning Board, while the City code can be amended by the City Commission without Planning and Zoning Board review. Having the same requirements in both the City Code and the LDR's creates immediate confusion as the to the amendment process. Instead of having these requirements in both places, Ordinance OS-ll should be amended to include a requirement that Segway tours must comply with the requirements of Chapter 132 of the City of Delray Beach Code of Ordinances. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 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: March 9, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 09-ll (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment regarding an ordinance to amend the Land Development Regulations (LDRs) to create and implement the Medical Arts Overlay District. This is accompanied by two (2) other related ordinances (10-ll and 11-ll); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Following is a brief description of Ordinance No. 09-ll: Ordinance No. 09-ll creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses Community Facilities (CF), Planned Office Center (POC), and Planned Commercial (PC) zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are within the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal- Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 09-ll 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. ORDINANCE N0.09-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH PY AMENDING SECTIONS 4.4.12, "PLANNED COMMERCIAL (I'C) DISTRICT; 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT; 4.4.21, "CONIlVILJNITY FACILITIES (CF) DISTRICT"; ENACTING A NEW SECTION 4.5.18, "MEDICAL ARTS OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND IMPLEMENTATION OF THE MEDICAL ARTS OVERLAY DISTRICT; AND AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO DEFINE "INSTITUTIONAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing 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 Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.12, "Planned Commercial (I'C) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District: (A) Purpose and Intent: The Planned Commercial (I'C) District provides for retail, office, and other commercial activities to be established on large sites in a well planned functional, and aesthetically pleasing manner. Residential uses may use be permitted as part of a mixed use development within the Four Corners Overlay District, provided at least 20% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is thirty (30) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.13(I)(2). Institutional uses may also be permitted as part of the Medical Arts Overlay District. The PC District shall be applied to properties designated as commercial on the Future Land Use Map where the unified development is, or will be, in excess of five (5) acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or to ensure that certain high visibility areas are attractively developed (S) Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1) All uses allowed as such within the GC District [Section 4.4.9(5)(1) through (5) and (7)]. (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair werk (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(b): (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the prirriaty commercial use of the site. (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): (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(HHH). 2 ORD. N0.09-11 (4) Adult Gaming Centers. (5) Live/Work Unit, subject to 4.3.3(KKK). (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Poard pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) A Master Development Plan may be processed for large scale or phased projects. (5) All development within the Four Comers Overlay District shall comply with the provisions of Section4.4.9(E)(4). (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(F)(3). (1) Special Landscape Area Within the first ten feet (10') of the front yard setback area (abutting the property line) full landscaping shall be provided Driveways and sidewalks shall be accommodated only when generally perpendicular to the properly line. (2) Any free-standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it ~re to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area # 6) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly descnbed under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium 3 ORD. N0.09-11 Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conforiance with the applicable standards and criteria descnbed within the adopted Redevelopment Plan (3) Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. (4) All development within the Four Corners Overlay District shall also comply with the provisions of Section 4.4.9(G)(3)(d) and (e). (5) Within the Silver Terrace Courtyards Overlay District, as defined by Section 4.5.17, multi-family residential and mixed use development with residential densities up to 22 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, provided at least 20 % of the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce Housing". The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. (a) Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated care. (H) Special Regulations: (1) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this maybe accomplished by affixing the added designation of "S" (Small Scale) to the PC designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g. although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000 sq.ft.). (2) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). (3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary along a straight airline route. 4 ORD. N0.09-11 Section 3. That Section 4.4.15, "Planned Office Center (POC) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.15 Planned Office Center (POC) District: (A) Purpose and Intent: (1) The Planned Office Center (POC) District provides for the concentration of office and support uses in a well planned and managed environment. It is not intended that the District be for commercial activities in which goods and merchandise are stored displayed or sold except as appropriate to meet the needs of users of the POC. (2) A POC is to be planned and developed on land under unified control and as a single development, or in a programmed series of development phases. Unified control may be achieved through single ownership or the existence of binding agreements among owners of individual parcels therein (3) Institutional uses may also be permitted as part of the Medical Arts Overlay District. (P) Principal Uses and Structures Permitted: The following types of use are allowed within the POC District as a pemutted use: (1) Parks and financial institutions including drive-in and drive-through facilities. (2) Prokerage establishments, including watercraft, aviation, and motor vehicles but without on premises storage of items, except that securities brokers may store securities brokered by them on the premises. (3) Pusiness offices. (4) Computer and data management services, including the servicing of hardware. (5) Medical offices. (6) Medical Clinics (7) Medical and dental laboratories. (8) Professional offices. (9) Photographic studios. (10) Real estate, insurance, accounting, travel arrangements and similar services. 5 ORD. N0.09-11 (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Ancillary uses such as retail sales of convenience items, newspapers, candies; lunch counters, cafeteria, snack shop; exercise facility; when located within an office structure and designed for use of employees and their guests. (4) Ancillary uses such as galleries, displays, meeting and conference facilities when relate to the purpose and use of the specific POC complex. (D) Conditional Uses and Structures Allowed: The following uses are allo~d as conditional uses within the POC District: (1) Restaurants, excluding drive-in and drive-through facilities. (2) Child care and adult day care. (3) Residential all suite lodging (residential inns). (4) Health spas, fitness centers, and exercise facilities which are open to the general public (E) Review and Approval Process: (1) In established structures, uses shall be allo~d therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development approval must be granted by the Site Plan Review and Appearance Poard with respect to Sections 2.4.5(F), (I~, and (I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply: (1) 1VTinimum site area for the total POC is to be three (3) acres with individual development parcels allowed to be one acre in size. However, the approving body may grant a waiver to the three acre requirement upon a determination that the development is consistent with the purpose 6 ORD. N0.09-11 and intent of the POC District and there exists good cause for not combining properties or aggregating additional property. (2) When abutting residentially zoned property, a twenty--five foot (25') setback must be provided (3) Any free-standing structure shall have a minimum floor area of 4,000 square feet; shall be architecturally integrated with other structures; shall have direct access to and from other portions of the POC. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: (1) The first ten (10) feet of the front yard setback which is adjacent to a right-of- way shall be a landscaped area. Within this area, no paving shall be allowed except for access drives and pedestrian ways which should be generally perpendicular to the properly lines. a) Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (H) Special Regulations: (1) Documentation which constitutes evidence of unified control of the entire area within a POC must be provided at the time of submission of the site and development plan. (2) A program for full provisiony maintenance, and operation of common areas, improvements, facilities, and services for the common use of occupants of the POC and which specifically provides that no such elements or features shall be provided or maintained at the public's expense must be provided at the time of submission of the site and development plan. (3) Executed agreements, contracts, covenants, deed restrictions, sureties, or other legal arrangements for the maintenance, repair, and operation of matters under Subsection (H)(2) and which bind successors in title to any such commitments shall be provided prior to certification of a POC site and development plan. (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). 7 ORD. N0.09-11 Section 4. That Section 4.4.21, "Community Facilities (CF) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.21 Community Facilities (CF) District: (A) Purpose and Intent: The Community Facilities (CF) District is a special purpose zone district prirnarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities. It is also applied to regulated properties subjected to a transfer of development rights pursuant to Section 4.6.20. In addition, this district has provisions for the Medical Arts Overlay District. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. (P) Principal Uses and Structures Allowed: The following types of use are allov`ed within the CF District as a permitted use: (1) Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, lrbraries, museums, public parking lots and ~'~• (3) Recreation, such as: community centers, tennis centers, swimming centers. (4) Services, such as: abused spouse residences, child care centers, day care centers. (5) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (SLmday school) and recreational facilities, and support facilities (e.g, parsonage). (6) Restricted usage allov`ed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (7) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (8) Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the property. 8 ORD. N0.09-11 (9) Assisted Living Facilities and Continuing Care Facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and garages. (2) Service and Refuse Areas. (3) Cafeterias, snack bats, restaurants, exercise facilities, etc., when contained in the same structure as the principal use. (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside location. (5) Concessions and services provided under a license agreement with the City. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: • ; {~}~ Private educational facilities pursuant to the regulations set forth in Section 4.3.3 (HHH), and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g a dance school, real estate school, etc.) which maybe located in various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HI lI I). {~}~ Services, such as: Community Residential Homes and Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(I), Senior Housing as set forth in Section 4.3.3 (II). {4)~ Transportation, such as: bus stations, railway stations, taxi dispatch (more than one taxi), and park and ride areas. {~}~ Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(Z); and power transfer stations. (E) Review and Approval Process: 9 ORD. N0.09-11 (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Poard or the Site Plan Review and Appearance Poard pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply as guidelines for site development While deviations from these standards are allowed, each deviation must be specifically approved by the Historic Preservation Poard or the Site Plan Review and Appearance Poard (G) Supplemental District Regulations: eke In addition to the supplemental district regulations ~as set forth in Article 4.6, the following sup~lerr~ental district regulations shall apply in the CF District. (1) Medical Arts Overlay District: The following sup~lernental district regulations avnly to the Medical Arts Overlay District, as defined in Section 4.5.18. zr> > (a) In addition to the uses listed in 4.4.21(P), the following uses are allowed as penrdtted uses: 1. Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatrr~ent Facilities, including residential care. (H) Special Regulations: (1) The perirrieter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and wallcways leading to structures on the premises. Such driveways and wallcways shall be generally perpendicular to the property line. (2) When this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. (3) For CF zoned properties located within the West Atlantic Avenue Redevelopment Area, a minimum of 10% non vehicular open space shall be provided 10 ORD. N0.09-11 Notwithstanding the provisions of this section, the body acting upon a development application may require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide relief from the building mass. All landscape requirements for parking lots and buffering of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply. Section 5. That Section 4.5.18, "Medical Arts Overlay District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.18 Medical Arts Overlay District (A) Defined: The Medical Arts Overlay District is hereby established to include the following area: The North half (N 1/z) of the Northeast auarter (NE 1/4) of Section 26, Township 46 South, Range 42 East,1,n~ng South of the Linton Poulevard road right-of-way East of the LWDD E-3 Canal right-of way and West of the Military Trail road right-of-way; together with Parcel 1, Delray Town Center, a Subdivision in Palm Peach County Florida as per the Plat thereof recorded in Plat Book 65, Page 189, of the Public Records of Palm Peach County; together with Parcel A, De1ra~utpatient Properties Plat, a Subdivision in Palm Peach County Florida as per the Plat thereof recorded in Plat Book 99, Page 197, of the Public Records of Palm Peach CoLmty; together with the Northwest auarter (NW 1/4) of the North~st quarter (NW 1/4~, of Section 25, Township 46 South, Range 42 East, leg South of the Linton Poulevard road right-of-way and East of the Military Trail road right-of-way less the South half (S ~/z) of the Southeast quarter (SE ~/4) of the North~t Quarter (NW ~/4 0 Northwest Quarter (NW 1/4~ (P) Mai of Overlay District ORD. N0.09-11 Section 6. That Appendix "A", "Definitions", of the Land Developrnent Regulations of the City of Delray Seach, Florida, shall herebybe amended as follows: Health Treatment Facilities, and Non Residential Licensed Service Provider Facilities. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 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 of 2011. ATTEST City Clerk First Reading Second Reading MAYOR 12 ORD. N0.09-11 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. 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 Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 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 considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , 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 Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 = L O W S O N B O U L E V A R D VERDES S OipO SHERWO OD B OUL EVA RD M I w ~ P ~ o J Q Z Q U _ ~ ~ LAS VERDES DRIVE ~qS G~RG~~ VERDES 3 rc a P PALM L I N TON I B O U L E VAR D PC P /1 ^'L/ TEMPLE DRI P C 1 / BL OSSO M D CF CF POC L AKELAND 0 ~ I w J Q Nth{ LAKE Ov CIRCLE ~ ~ ~ ~ O O °0 0 - Vq~E.NC/q Z CASA REAL = Q U ~ ~ 4AC l1 ~ yq 1 PO ~' DRIVE O ~ ~ OR. 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H i~~ I ` ` ~ I IIII II ( `~ T S 1~~~ ~ Y ~ ~ , ~ ~~ ~ ~ ~ VIII I ii IIII ~ y 1 ~ ~ ~~ ~ ~p «~ ~ ~ ~ ~~ ~ ~ ~ ~ .~ ~ -~- ( i lllllllll ~~ ~~~IIIIIIIIIIIIII IIIIIIIII Ili uw uu ~ r ~ I~; ~". ~' ' ~~ ~-_~, ~ C ti~ S ,~ , ~ l ~..~.. u 43ti fE^v` ry,. ` ~ yy `~ G ~~~~ ~~, - ~ ~ y.yy J tN aB:tv~~s~~N 4'(9 1Y',VQ 1Ty+~ ('~ g L~~ =~ ~~ ~ 3 i„ ,. n I i ~ .~ `] ~. 1 I ~ 1 ~ ~ ~ ~. ~ ~~ ~ ~ 1 t (~~'1 r ' 4 E _ '~ ~~ ~~~. ` y ~ -j ~ :~ ~ ~ ~ r /.. 1 Y~ - V :~ r1~ * M % ""l f) r _ ~ ` .. r.,C~ JJJ 'J 33 9 ^~ ~~ r~1 W O ,~ ^= w~ W 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: March 9, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 10-ll (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated ordinance to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers and specify the zoning districts in which such uses are allowed. This is accompanied by two (2) other related ordinances (09-ll and 11-ll); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. 10-ll repeals Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated the same as any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are not supported by current case law. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are being added as permitted uses subject to regulations applied to all residential uses. These include regulations that control transient residential uses, landlord permits, and the definition of `family.' Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No.10-ll 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. ORDINANCE NO. 10-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTION 433(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY; AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (MROC) DISTRICT" TO INCLUDE RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AMONG THE LIST OF PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC), 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; TO CLARIFY THAT RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AND NURSING HOMES ARE ALLOWED WHERE OTHER RESIDENTIAL USES ARE ALLOWED IN THESE ZONING DISTRICTS; AMENDING APPENDIX "A" "DEFINITIONS", IN ORDER TO PROVIDE UPDATED DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER" AND "NON- RESIDENTIAL LICENSED SERVICE PROVIDER"; 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 February 28, 2011 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(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; and WHEREAS, the United States District Court for the Southern District of Florida, held in United Stater v. City of Boca Raton, that, "Out of the nine licensed service provider components, only three of them-the intensive inpatient treatment facilities, the Residential Treatment Facility, and the Day and Night Treatment Facilities- appear to implicate housing for recovering addicts. The other six licensed service provider components do not explicitly have to do with housing and thus do not appear to implicate the FHA. With regard to intensive inpatient treatment facilities, the Court finds that these facilities, which combine treatment and housing in the same location, are less like dwellings and more akin to hospitals legitimately prohibited from residential districts by the zoning ordinance." 2008 WL 686689, 6 (S.D.Fla. 2008); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (D), "Residential and Non-Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be repealed in its entirety as follows: ........ ......4.. .....~.~...,. ,. .... ..__ ....~ . ,,.. - - -- - `-r _ -- ---- ------` ------ m ~ (~~ t~ t~ ~L~ ~ - ~ ~ i ~ ~~. n ~ ~ e~ t ee~~e e ee ~~ c > > 4L.:... 4L...... ,.: ,7.....4:,.1 F,...:1: ~_. ,.... ,7 _~_ ......,.,...w_ .... r------ ~ ----------- >> ~4L. .... 4t. ,.... 4U .. ......:...,. .._ ,.:,7.....4:,.1 C'~~t:4 1 ,.. , .... ,.,. ,. .. C',. ..:t:4:..,. g - r------ ~ --`--------- -- --~' A5 r -~ 2 ORD. NO. 10-11 0 > _L. „ „ F .. ,.7 ~L. „ > > > _,.:1,.1.1.. F,,.. 4L............. ,...,. 4: ,,... „ F F,, ,, ,7 --- r--r-------- 1 _.- __ 1 _.. - L':.... l~T,...,.t.,.ll ,, ... ,7 4L. .. /`L.:..F~._:1,7:...~ ~IFG..:,.1 _ _.__._-___- - _- ___ - __ __-__ - _.- _~ --D __ _- ____ ORD. NO. 10-11 Yn 4 ,.:.7,,...x:,.7 7 :............7 ,...... _:.7,,.. G ,.:7:~_ ,. L.,.77 ... ~ 1..,, 7,~,.,.~,,.7 _ :~L.:... ~i --`--------------`--- `--~--- r-- ~----- ---- -i `--------- -- --------- ~~----- ~~ ~.~L... :.7„ ,.7 7: ,,.7 :.7„ G :7: + :.7„ ,.7 ~-i - ~------- ----------- --------- --- ~--- r-- ~---- ---- ~ ---- ----- l i - ----------- ~ce~ fir , Ee ._l.l:.. ..1.....,......4,...R_ :,7,71.. ... ,7,...w_ ,...L.,,,,1 .... .........__,. 4.. ...,. .. ,.....,, i --- - r- -~~ --- -- -~ Sec. 4.3.3(D). RESERVED. Section 4.3.3(D~ *Editor's note - "Residential and Non-Residential Licensed Services Provider Facilities" was repealed by Ordinance No. gassed .2011. Section 3. That Section 4.4.2, "Rural Residential (RR) Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RR) District as a permitted use: (1) Single family detached dwellings. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (4) Assisted Living Facilities. (5) Residential Licensed Service Provider Facilities. Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 4 ORD. NO. 10-11 (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (6) Assisted Living Facilities. (71 Residential Licensed Service Provider Facilities. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structure. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. (7) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (8) Assisted Living Facilities. (91 Residential Licensed Service Provider Facilities. 5 ORD. NO. 10-11 Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RNI) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Type 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (9) Assisted Living Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider Facilities. (121 Nursing Homes within multi-family structures only (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. DELETED NUMBEK (7) AND KENUMBEKED. ~~ Child care and adult day care. 6 ORD. NO. 10-11 4.3.3(HHH). ~~ Private educational facilities subject to the restrictions set forth in Section ~~ Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. {~}~ The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. ~~ Single family detached residences in zero lot developments. has a marina. {$}~ Yacht club with facilities. {~-}~7,~ Dock master facilities when associated with amulti-family development which ~~ Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A10 or (b) south of Casurina Road, north of Bucida road, and east of State Road A1A. ~~ Multiple family residential development. including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. {~}~ Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. {~} 1~1,~Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.30. {~4j~Large Family Child Care Home, subject to Section 4.3.3(TT). 7 ORD. NO. 10-11 Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwellings whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple family structures. (4) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (5) Assisted Living Facilities. (6) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (71 Residential Licensed Service Provider Facilities. (8) Nursing Homes within multi-family structures only Section 8. That Section 4.4.9, "General Commercial (GC) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Moowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (a). (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, 8 ORD. NO. 10-11 toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, smaL1 item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail Lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units and residential Licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no Less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not Located on the ground Level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G) (3) (d) (4) . 9 ORD. NO. 10-11 (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H) (3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (c). DELETED (7) AND KENUMBEKED ~~ Amusement game facilities. {~}~ Wash establishments or facilities for vehicles. ~~ Child Care and Adult Day Care. {~}~ Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. DELETED (7) AND KENUMBEKED {~}~ Drive-in Theaters. ~~ Flea Markets, bazaars, merchandise marts, and similar retail uses. {$}~7 Funeral Homes. {~-}~8,~ Gasoline Stations or the dispensing of gasoline directly into vehicles. ~~ Hotels and Motels. {~} ~ Free-standing multiple-family housing. including residential licensed service provider facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. {~} ~ Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. 10 ORD. NO. 10-11 {~} ~ Sales and service of A]1 Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. {4.4} ~ Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. {~} ~ Veterinary Clinics. {4-Fr} ~ Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {~} ~ Adult Gaming Centers. {4~} ~ Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. {~} ~ Multiple family residential development including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. {~&} ~ Assisted Living Facilities. Nursing Homes, and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. ~j ~ Large Family Child Care Home, subject to Section 4.3.3(TT). Section 9. That Section 4.4.13, "Central Business District (CBD)", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures A]lowed", of the Land Development Regulations of the city of Delray Beach, Florida, sha]1 hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits 11 ORD. NO. 10-11 and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Ga]leries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi-family dwelling units, including residential Licensed service provider facilities. but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. Neighborhood. (5) Hotels, motels, and residential-type inns except in the West Atlantic (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.30. 12 ORD. NO. 10-11 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBEK (7) AND KENUMBEKED. ~~ 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. {~}~ 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). like. ~~ Funeral homes including accessory uses, such as, a chapel, crematory, and the {~}~ 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"a Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4`h Street. {~}~ Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. ~~ Veterinary clinics. {~}~ Movie theaters, excluding drive-ins. {~}~ Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). {~} 1~0,~ Flea markets, bazaars, merchandise marts, and similar retail uses. {~}~ 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. {~}~ Multi-family dwelling units, including residential licensed service provider facilities, but 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 4.4.13(I). 13 ORD. NO. 10-11 {~4} 1~3,~ Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {~}~ 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). {~-Fr} 1~5,~ Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. {~}~ Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. {~$) 1~7,~ Free standing or mixed-use residential development. including residential licensed service provider facilities 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(I). {~} ~ Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.30. {~9) ~ Live/Work Unit, subject to Section 4.3.3 (KKK). {~} ~ Large Family Child Care Home subject to Section 4.3.3(TT). Section 10. That Section 4.4.16, "Professional and Office District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (1) Educational facilities, training centers, and vocational schools. f 4}~ Veterinarian Clinics. ~~ Funeral Homes. {~}~ Licensed, professional providers of personal services e.g. pedicurist, beauticians, and cosmetologists. 14 ORD. NO. 10-11 Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwellings units. (2) Duplex structures. (3) Business, Professional, and Medical offices. (4) Abused spouses residence limited to forty (40) or fewer residents. (5) Funeral Parlors, funeral homes. (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities and Nursing Homes. (91 Residential Licensed Service Provider Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. {~}~ Bed and breakfast establishments. f 4}~3,~ Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {~} ~ Large Family Child Care Home, subject to Section 4.3.3(TT). 15 ORD. NO. 10-11 Section 12. That Section 4.4.24, "Old School Square Historic Arts District", Subsections (B), "Principal Uses and Structures" and (D), "Conditional Uses and Structures A]lowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, ga]leries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. cosmetologists. (8) Providing of personal services such as barbershops, beauty shops, salons, (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.30. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations sha]1 also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 16 ORD. NO. 10-11 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (13) Assisted Living Facilities. (14) Residential Licensed Service Provider Facilities. (151 Nursing Homes. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal uses or purpose of the associated restaurant. -,--- . ,Child Care, and Adult Day Career~'' "T„°~:~,~ u~...,,,. --D - (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Home, subject to Section 4.3.3(TT). Section 13. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage within the development. These uses can include: (a) Financial Institutions, e.g., banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc. 17 ORD. NO. 10-11 (c) Professional Offices, e.g., attorneys, engineering firms, architectural (d) Governmental offices, e.g., including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication towers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, primarily engaged in rendering services to other building establishments, e.g., such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluation, and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, medicines and prescriptions, flowers and plants, fruits and vegetables, food, gifts, glassware, ice cream, leather 18 ORD. NO. 10-11 goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (b) Barber and beauty shops and salons, caterers, dry cleaning limited to on- site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Ga]leries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Multi-family Dwelling Units: Multi-family uses, including residential licensed service provider facilities, but excluding duplexes subject to (c)(1)(2)(3) and (4) below, ranging in density between 40 and 50 units per acre subject to the following; (a) Residential units within 1,000 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. (b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation sha]1 apply to the entire parcel. (c) Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. 1. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, 19 ORD. NO. 10-11 residentia]ly developed sites within 1,000 linear feet (measured by airline route) of the Tri-Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation sha]1 apply to the entire parcel. 3. For mixed-use developments, the shared parking provisions of LDR Section 4.6.9. (C) (8) sha]1 be allowed. 4. A]1 residential developments shall be subject to the Performance Standards of 4.4.13(I)(2). (5) Hotel, Motel and Residential All Suite Lodging: These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plan, multiple hotels, motels, and residential a]1 suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities. Nursing Homes, and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(B)(4) a, b, and c above. Section 14. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, sha]1 hereby be amended as follows: NON-RESIDENTIAL LICE facility _T,>n:,.>n ~:" Fla. Stat. Sections 397.311(18; 397.311(18~(a~5. "Intensive Ind for Opiate Addiction". LASED SERVICE PROVIDER ~ ^'~T Shall mean a provider or C~ r.Llr...:.7,. ,.. l~L.,.r ~,,-,,.. 2(1'"7 R7,,..:.7,. lcense _~-_~~~~~ -- ------- ~ -------- - --- ~:.~„ ,.,. ,. ~.....,~.. ~~.,, ~~.,. :a„ ,., ~. ,~.. under ---- ----= - ----=~ = - --=4 -==--=--- - ..~ 1 - - D -" -- 1 - - D -" -- i(a~1. "Addictions Receiving Facilityr": 397.311(18~a~4. "Detoxification"; patient Treatment": and 397.311(18~a~7. "Medication Assisted Treatment RESIDENTIAL LICENSED SERVICE PROVIDER Sha]1 mean a service provider or facility licensed under Fla. Stat. Sections 397.311(18~a~2. "Dav or Night Treatment". 397.311(18~a~3. "Dav or Night Treatment with Community Housing". and 397.311(18~a~9. "Residential Treatment" ~~~, ~~,-mar for the purposes of providing a structured live-in environment within a non hospital setting on a 24-hours-a-day, 7 days-a-week basis, and which includes: {~} Facilities that provide room and board and treatment and rehabilitation within the primary residential facility, Residential Licensed Service Provider Facilities shall be accommodated in the same manner with respect to the number of residents and the number of units as required for the respective structures of either a single family, duplex unit, or multi-family unit in the zoning districts where allowed. a ..,~ ,~ ~,: ~. -- -~ -- - 20 ORD. NO. 10-11 Section 15. 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 16. That a]1 ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. That this ordinance sha]1 become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: MAYOR City Clerk First Reading Second Reading 21 ORD. NO. 10-11 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. 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 Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 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 considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , 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 Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 3, 2011 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO.07-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to considerrepealing Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach. BACKGROUND At the first reading on March 1, 2011, the Commission passed Ordinance No. 07-ll. RECOMMENDATION Recommend approval of Ordinance No. 07-ll on second and final reading. ORDINANCE N0.07 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, REPEALING ORDINANCE 40-10 REGARDING PROPOSED CHANGES TO THE DELRAY PEACH CHARTER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Ordinance 40-10 to propose changes to the City Qzarter regarding the length of Commissioner terms and the number of terms; and and WHEREAS, Ordinance 40-10 was to be placed on the ballot for the March 8, 2011 municipal electiony WHEREAS, the March 8, 2011 municipal election is no longer required to elect a Commissioner; and WHEREAS, the City Commission of the City of Delray Peach wishes to repeal Ordinance 40-10 in order to save the cost of holding a municipal election for this one item. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. Ordinance 40-10 is hereby repealed in its entirety. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading ORD. NO.07-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 24, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE NO. 07-ll ITEM BEFORE COMMISSION Approval of Ordinance 07-ll repealing Ordinance 40-10. BACKGROUND Page 1 of 1 The Commission had previously adopted Ordinance 40-10 to provide for a charter change regarding the length of a Commission term and the number of consecutive terms allowed. Ordinance 40-10 was scheduled to be placed on the March 8, 2011 election ballot. The Commission previously repealed the resolution (placing the charter language on the ballot) calling for the special election in light of the fact that it would be the only item on the ballot. Ordinance 07-ll will repeal Ordinance 40-10, if approved. RECOMMENDATION Staff recommends approval of Ordinance 07-ll. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4236&MeetingID=286 3/3/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 3, 2011 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE N0.08-11 ITEM BEFORE COMMISSION This ordinance is before Commissionfor second reading to consider approval to amend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration; Reporting Changes To Required Information; Renewal", and 112.21, "Alarm Registration Required; Penalty For Failure To Register", to provide that renewals shall be filed by May 1st each year and to clarify registration requirements for fire alarms. BACKGROUND At the first reading on March 1, 2011, the Commission passed Ordinance No. 08-ll. RECOMMENDATION Recommend approval of Ordinance No. 08-ll on second and final reading. ORDINANCE 8-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL PE FILED PY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR PURGLAR/FIRE ALARMS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.21, "Application for Alarm Registration; Reporting Qzanged to Required Information", of the Code of Ordinances of the City of Delray Peach, Florida, is renumbered Section 112.20 and amended as follows: Sec. 112.20. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL. (A) (1) Application for an alarm registration shall be made by a person having control over the properly on which the alarm system is to be operated Such application shall be made in writing to the Director of Community Improvement or his/her designee on a foml designated by the City for that purpose. Neighborhood subdivisions referred to in Section 112.21(E) shall comply with Section 112.20 (P)(2) and (3) and shall provide two (2) emergency contacts for the purpose of complying with Section 112.20 (P)(5). (2) New alarm systems shall be registered for t~nty--five dollars ($25). (3) Each year, by M~k ~ 1, renewal applications shall be filed in order to ensure all information is correct. A fee of thirty dollars ($30) shall be required (P) On such applicationy the application shall set forth (1) The name, address and telephone number of the applicant's properly to be serviced by the alarrry including any business name used for the premises; (2) The name, address and telephone number of the applicant, if different from the properly to be serviced; (3) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any; (4) The date of activation of the alarm system; and (5) Emergency notification The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Deparlrnent or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (S) shall be updated each year and be kept current by the registration holder. The registration holder shall notify the Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.20(A)(3). Failure to renew alarm registration of this Chapter shall result in a late charge of one hundred dollars ($100.00) and if renewal application is not received within sixty (60) days of the renewal date, there shall be limited response by the City`s Police Department. (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Community Improvement or his/her designee shall forward a copy of the application to the Alarm Coordinator. Section 2. That a new Section 112.21, "Alarm Registration Required Penalty for Failure to Register'', of the Code of Ordinances of the City of Delray Seach, Florida, shall be amended to read as follows: Sec. 112.21. ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. (A) (1) All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the time of permit application 2 ORD. N0.8-11 ~ Sur ar Aalann systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. (b) Fire alarm systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon notice from the fire-rescue department. (2) A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation to make application for the registration. If application for an alarm registration is not made within ten (10) days of the notice of violation, the person shall be in violation of this Section and shall result in a late charge of one hundred dollars ($100.00). (S) A registration fee of twenty-five ($25.00) shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm. (C) Applications having more than one alarm system protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. (D) Any alarm registration issued pursuant to this Chapter shall not be transferable or assignable. Any change in ownership or tenancy of residential or commercial property to which an alarm registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored by a private security company located within the subdivision shall pay one registration fee for the entire subdivision. (F) If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex shall obtain an alarm permit for each apartment. All units, whether occupied or not, shall be required to have an alarm permit. Each apartment shall be considered as a separate alarm user. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective upon its passage on second and final reading. 3 ORD. N0.8-11 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. ATTEST: City Clerk MAYOR First Reading Second Reading ORD. N0.8-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 24, 2011 SUBJECT: AGENDA ITEM 12.B -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE NO. 08-ll ITEM BEFORE COMMISSION Page 1 of 1 City Commission approval on first reading of Ordinance No. 08-ll, Amending Chapter 112, "Alarm Systems". BACKGROUND On January 4, 2011, the City Commission approved Ordinance 44-10, which amended several sections of Chapter 112. Staff is presenting for consideration an amending ordinance changing the renewal date from March 1st to May 1st and some revised language that the Fire Department has requested be added to Section 112.21, Alarm Registration Required; Penalty for Failure to Register, to require registration of previouly installed fire alarms upon notice from the Fire Department rather than after emission of a false/nuisance alarm. RECOMMENDATION Staff is recommending City Commission approval of Ordinance No. 08-ll on first reading and to schedule the same for public hearing and final adoption at the March 15, 2011 regular meeting. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4238&MeetingID=286 3/3/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 8, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO.OS-11 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. OS-ll, which provides for regulations governing Electric Personal Assistive Mobility Devices (EPAMDs). BACKGROUND The proposed ordinance provides that EPAMDs may not be ridden on Atlantic Avenue from A-1-A to I-95, Pineapple Grove Way from Atlantic Avenue to N.E. 3rd Street, and on A-1-A from the north end of the municipal beach to Casurina Road. Tour operators may not operate in these areas as well, with the exception that they may operate on the west side of A-1-A in the prohibited area, excluding one block north and south of Atlantic Avenue. The ordinance also provides that certain requirements must be met before a tour operator is allowed to conduct a tour, such as: customer training, maximum of nine customers, minimum size and weight requirements, maximum speed limit of 12 mph, and no tour shall be conducted after sunset or before sunrise. The ordinance also provides for a permitting process to allow people with disabilities to obtain a permit and once the permit is obtained they would be able to ride the EPAMD anywhere in the City. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance OS-ll. ORDINANCE N0.05-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES PY ENACTING SECTION 132.10, "ELECTRIC PERSONAL ASSISTIVE MOPILITY DEVICES, (EPAMDs)", TO REGULATE THE USE OF SUCH DEVICES ON CITY STREETS AND SIDEWALKS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Peach finds that it is necessary that Electric Personal Assistive Mobility Devices (EPAMDs) be prohibited in certain public areas within the City of Delray Peach in the interest of safety; and WHEREAS, the City of Delray Peach finds that there is a limited "track record" with regard to matters of safety of EPAMDs nationally and no "track record" at all within the City of Delray Peach for use by individual operators on the Cites shared use paths, sidewalks, roads, alleys and streets, and WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and set forth in Section 132.10(D) of this chapter, the City Commission specifically finds that the use of EPAMDs are unsafe on certain sidewalks, shared use paths, streets, alleys and roads, in the City, in part due to the heavy use of such public areas by pedestrians, bicyclists, inline skaters, pet owners who are walldng dogs, and similar public use of such areas; WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and set forth in Section 132.10(D) of this chapter, the potential speed of EPAMDs, together with their virtually silent use and operation, coupled with the unique operational functions to inexperienced users, make EPAMDs incompatible, from a safety perspective, with motor vehicles on certain City streets and roads and incompatible with the congestion and types of users and uses found on certain City bicycle paths and sidewallcs; and WHEREAS, the City Commission has not only the right, but the obligation, to analyze potential safety problems in a conservative manner to protect the health, safety and welfare of the citizens of the City of Delray Peach; and WHEREAS, the City Commission determines that the limited use of Segways, under the operational and safety considerations outlined in this ordinance, is a reasonable accommodation to interested parties and the general public in order to further analyze the use and operation of EPAMDs without opting for either an absolute prohibition or the unlimited use of such devices, and WHEREAS, the City Commission specifically finds and determines that the City Commission is not required by the Americans With Disabilities Act (ADA) or any other federal, state or local law, regulation or rule to permit or provide for the use of an E PAMD by any physically or mobility challenged person NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances of the City of Delray Peach is amended by enacting Section 132.10, "Electric Personal Assistive Mobility Devices, (EPAMDs)", to read as follows: Sec. 132.10. ELECTRIC PERSONAL ASSISTIVE MOPILITY DEVICES, (EPAMDs). (A) E PAMD allowed in certain areas. (1) An EPAMD, as defined in Florida Statute Section 316.003(83), maybe operated in the areas allowed by Florida Statute Section 316.2068(1), subject to the conditions listed below as well as the requirements listed in this section - No E PAMD shall park in a vehicle parking space. - The E PAMD shall use the public sidewall~s, unless there is no sidewallc or the sidewallc surface is not conducive for EPAMD traffic. EPAMDs may ride through intersections on the same basis as a pedestrian. EPAMDs shall be subject to all traffic regulations. EPAMDs shall not exceed the speed of 12 miles per hour while using a public sidewalk. - Every EPAMD or rider shall be equipped with a sounding device, which shall be used when necessary, when passing or approaching pedestrians or other users of the street or sidewalk - An EPAMD user shall yield the right-of-way to pedestrians and disabled people with assistive devices or guide animals. (P) Prohibition of riding EPAMDs in certain areas. (1) The use of EPAMDs are herebyprohibitec~ based upon the interest of safety, on sidewalks, streets/roads and bike lanes on Atlantic Avenue from A-1-A to I-95, Pineapple Grove 2 Way from Atlantic Avenue to N.E. 31~d Street and on A 1-A from the north end of the municipal beach to Casuarina Road except as specifically authorized by Section 132.10(C). (2) The prohibitions set forth in subsection (1) shall not be applicable to City personnel in the course of conducting official City business. (C) Limited use of EPANIDs authorized for tour operations with conditional use approval b the Ci . This subsection shall only apply to tour businesses that have received conditional use approval from the City. The tour business shall operate under the conditions of the conditional use permit, the minimum conditions and requirements as set forth in LDR Section 4.3.3 (ZZZZ), as ~ll as the following requirements: (1) The tour business shall provide an approved site for education and instruction, and shall provide such instructiony on the operation and use of EPANIDs by its employees and customers. For purposes of this section, customers shall include all tour patrons and users, whether or not consideration is paid for such use. (2) The maximum number of EPAMD users that can be included in any single tour is nine, plus tour leaders. (3) No rider shall be allowed on any tour under 11 years of age and 75 pounds in weight, and/or as limited by the tour operator's insurance company requirements, and/or pursuant to the EPAMD manufacturer's specifications. There shall onlybe one rider per EPAMD. (4) There shall be a minimum of one tour leader for each tour and such leader shall be an employee or owner of the business. (5) Only leaders/operators experienced in the use and operation of EPANIDs shall give touts. Tour leaders or operators shall wear safety reflector vests. (6) No EPANID shall park in a vehicle parking space. (7) No E PANID shall be used or operated in excess of a maximum speed of 12 miles per hour except, when operating an E PAMD along the west side of A11~ where allow from the north end of the municipal beach to Casuarina Road the maximum speed shall be 6 miles per hour. (8) Tours shall use the public sidewalks, unless there is no sidewallc or the sidewallc surface is not conducive for EPANID traffic. Touts may ride through intersections on the same basis as a pedestrian. EPANIDs shall be subject to all traffic regulations. 3 (9) No tour will be conducted or operated after sunset and before sunrise. (10) Tours shall not enter any private property without prior permission from the owner. (11) Every EPAMD or rider shall be equipped with a sounding device, which shall be used, when necessary, when passing or approaching pedestrians or other users of the street or sidewalk (12) An EPANID user shall yield the right-of-way to pedestrians and disabled people with assistive devices or guide animals. (13) All users or customers shall wear helmets during training and at all other times during the tour or at anytime while on or operating an E PANID. (14) Users or customers shall not be permitted to operate an EPANID while under the apparent influence of alcohol or drugs, including prescription drugs that impair the user s ability to operate machinery, or in the event that the tour operator or employces have actual knowledge of the fact that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user's ability to operate machinery. (15) Tour operators shall follow the requirements of Florida State Statutes regarding the necessity to file a police report in the event of an accident. (16) All of the above requirements and conditions shall be explained and specifically described by the tour operator or employees to each user or customer prior to the use of an EPANID by such user or customer. (1 ~ No E PANID shall exceed the width of 26 inches at its widest point. No EPANID shall contain signage advertsing any business. The tour leader's EPANID may contain minimal advertising regarding the tour business. (18) No tour shall be permitted on Atlantic Avenue from A 1-A to I-95; the east side of A 1-A from the north end of the municipal beach to Casuarina Road; the west side of A 1-A that is one block north and one block south of Atlantic Avenue; and Pineapple Grove Way from Atlantic Avenue to N.E. 31~d Street, which includes all sidewalks, streets/roads and bike paths. EPANIDs may traverse the areas listed above if the EPAMDs are not ridden and only when it will not interfere with pedestrian and vehicular traffic. (D) Limited use of EPANIDs authorized for persons disabled for mobilitypurposes. 4 (1) A disabled person may use an EPANID for mobility purposes in accordance with the regulations set forth in Section 132.10. (2) The permit process is as follows: (a) The City of Delray Community Improvement Department or its designee shall, upon completion of the City application form and receipt of the application fee, issue a permit for use of an electric personal assistive mobility device (also lmown commercially as a "Segwa~') by a person who is disabled for mobility purposes as defined in this section for a period of up to two years in the case of long term mobility impairment, or a temporary permit not to exceed six months to any person in the case of a temporary mobility impairment. (b) For purposes of this section, a "person disabled for mobility purposes" shall mean a person who can be cer~tifiec~ and is currently certified as set forth below, as having any of the following disabilities that render him or her unable to walls 200 feet without stopping to rest as a result of one or more of the following. (i) Inability to walls without the use of or assistance from a brace, cane, crukch, prosthetic device, or other assistive device, or without the assistance of another person. (ii) The need to permanently use a wheelchair. (iii) Restriction by lung disease to the extent that the persons forced (respiratory) expiratory volume for one second when measured by spirometry, is less than one liter, or the persons arterial oxygen is less than 60 mm/hg on room air at rest. (iv) Restriction by cardiac condition to the extent that the persons functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association (v) Severe limitation in the persons ability to walls due to an arthritic, neurological or orthopedic condition. (c) Permit application including medical certification; certain documentation accepted in lieu of medical certification (i) Certification for a person disabled for mobility purposes. 5 (1) A certification for a person disabled for mobility purposes must be provided as part of the permit application from a physician licensed under Florida Statute Chapter 458, Chapter 459, or Chapter 460, by a podiatric physician licensed under Chapter 461, by an optometrist licensed under Chapter 463, by an advance registered nurse practitioner licensed under Chapter 464 under the protocol of a licensed physician as stated in this subsectiony by a physician assistant licensed under Chapter 458 or Chapter 459, or by a similarly licensed physician from another state if the application is accompanied by documentation of the physician s licensure in the other state and a form signed by the out-of-state physician verifying his or her knowledge of the eligibility guidelines set forth in this section (2) The certification must include, but need not be limited to: (a) The disability of the applicant; the certifying practitioner's name and address; the practitioner's certification number; the eligbility criteria for the permit; the penalty for falsification by either the certifying practitioner or the applicant; and the duration of the condition that entitles the person to the permit. (b) The signatures of the applicant's physician or other certifying practitioner, the applicant or the applicant's parent or guardian, and the employee of City of Delray Seach who processes the application (ii) In lieu of the medical certification required in subsection (D)(2)(c)(i) above, an applicant may submit a State of Florida Disabled Persons parking placard and the registration card indentifying the applicant as the owner of the placard or any other state's equivalent documentation (d) An issued permit shall be prominently displayed on the front of any E PAIYID used by a permittee within the City of Delray Seach (e) Any permit issued is nontransferable and authorizes only the named permittee to use an EPAIVID in accordance with the provisions of this section. (f) An EPAIVID shall not be used or operated at a speed in excess of 12 miles per hour at any location authorized by this section (g) A person disabled for mobility purposes who is operating an EPAIVID which prominently displays the required permit may operate an E PAIVID on a marked bicycle path, 6 shared use path and/or sidewalk and at an intersection to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour, and in City-owned parking lots. An E PANID permit shall not authorize the use or operation of an E PANID on any beach, within any City park or on any other City property except as specifically authorized in this section. An E PANID permit does not authorize the use of an EPANID on any private property (or quasi-public property such as a shopping center parking lot) provided however, a permittee may operate an E PAMD in such private or quasi public areas with any legally required consent or permission of the private or quasi-public property owner. (h) Any person who knowingly makes a false or misleading statement or provides false or misleading information in any part of the application process for an EPANID permit or in the use or display of an issued EPANID permit commits a violation of this section and of the Delray Peach Code of Ordinances. (E) Violations. (1) A violation of the provisions of this section shall be punishable in accordance with the penalty provisions of the Delray Peach Code of Ordinances. (2) A violation by any tour owner or operator, any employee, agent or subcontractor of such tour owner or operator, any user or customer associated with such tour operationy or any other person, of the provisions of this section shall be punishable in accordance with the penalty provisions of the Delray Peach Code Ordinances. (3) It shall be a violation of the provisions of this section: (a) For any person to knowingly make a false or misleading statement or provide false or misleading information in any part of an application process for an E PANID permit; and/or (b) For any person other than the permittee to use or display an EPAIVID permit or to represent that any such person using an EPANkD possesses a City of Delray Peach issued permit when such statement is not true; and/or (c) For a permittee to use an EPANkD without display of an EPANID permit as required by this sectiory and/or (d) For any permittee to transfer or knowingly allow the use of an EPAMD permit by another person; and/or 7 (e) For an E PAMD penrdttee to use an E PAMD or an E PAMD permit in any way or in any location except as specifically authorized by the provisions of this sectiory and/or (f) For any certifying person or entity to certify an individual as a person disabled for mobility purposes who does not meet the criteria set forth in this section. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: MAYOR City Clerk First Reading Second Reading 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE N0.06-11 ITEM BEFORE COMMISSION Consideration of a privately initiated Future Land Use Map (FLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L," 357 feet east of Federal Highway. BACKGROUND The property subject to the proposed FLUM amendment and rezoning is Lots 55 through 58, of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant proposes to utilize it as a parking area for the adjacent Presidential Auto Leasing and Sales Company. At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application to change the designation of the subject property from RM to CF (Community Facilities) and establish a 23-space parking lot for the adjacent automotive use. The denial centered on concerns over compatibility of the proposal with adjacent residential uses. Staff is recommending denial of the requests as the proposed changes would allow further encroachment of the commercial use into the adjacent residential neighborhoods to the south and east and is incompatible with these uses. Therefore, the proposed FLUM amendment and related zoning changes are recommended for denial based on the findings outlined in the attached report.Based on the analysis, the proposed FLUM designation change to GC fails to meet any of the valid reasons which would support such a change. Further, the applicant has not demonstrated a need for the FLUM change as required with the City's Comprehensive Plan and the existing MD FLUM designation is more appropriate as it will maintain a stock of land for multiple family developments within an established residential neighborhood to accommodate future population growth within the City. The proposed rezoning does not fully comply with any of the Standards for Rezoning Action or Rezoning Findings. Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.11 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). A detailed analysis of the proposal can be found in the attached Planning & Zoning Board Staff Report. Staff has analyzed the request and feels the request should not be granted. REVIEW BY OTHERS At its meeting of February 28, 2011, the Planning and Zoning Board considered the FLUM and rezoning requests and recommended approval to the City Commission by a vote of 3 to 1 (Miller opposing). One person from the public expressed a concern over the traffic congestion on Avenue "L." The City has also received a letter from the Tropic Isle Civic Association in support of the proposed changes which is attached to the Planning and Zoning Board staff report. RECOMMENDATION Denythe privately initiated request for a small scale FLUM Amendment from MD (Medium Density 5- 12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof 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. ORDINANCE NO. 06-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC); TO GC (GENERAL COMMERCIAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF AVENUE "L", APPROXIMATELY 357 FEET EAST OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, J. Gusto Enterprises, Inc., is the fee simple owner of a 0.22 acre of land located on the south side of Avenue "L", 357 feet east of South Federal Highway (U.S. Highway No.l); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned RM (Medium Density Residential) District; and WHEREAS, the owner of property requested to change the zoning classification from RM (Medium Density Residential) to AC (Automotive Commercial); and WHEREAS, at its meeting of February 28, 2011, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 3 to 1 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), 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, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, it is appropriate to change the Future Land Use Map to reflect the revised Future Land Use Map designation; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Lots 55 through 58, inclusive, Block 32, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, inclusive, of the Public Records of Palm Beach County, Florida. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 06-11 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 this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Readi Second Reading 3 ORD NO. 06-ll ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a privately initiated Future Land Use Map (PLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L," 357 feet east of Federal Highway. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to PLUM and Rezoning Amendments for any property within the City. BACKGROUND The property subject to the proposed PLUM amendment and rezoning are Lots 55 through 58, of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant proposes to utilize it as a parking area for the adjacent Presidential Auto Leasing and Sales Company. At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application to change the designation of the subject property from RM to CF (Community Facilities). A conditional use application was submitted concurrently with the rezoning application to establish a 23-space parking lot for the adjacent automotive use. Action was not taken by the City Commission on the conditional use application due to the denial of the rezoning application. The denial centered around concerns over the compatibility of the proposal with adjacent residential uses. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: ^ The amendment does not exceed 10 acres of land; ^ The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; ^ The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; ^ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category; P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 2 The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for asite-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 0.22 acres. The property is not located within a designated redevelopment area or traffic concurrency exception area. It is noted that a small scale Future Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been adopted this year. Therefore, the proposed 0.22 acre FLUM amendment does not exceed the 60 acre annual limit. The MD and GC FLUM designations both allow a residential density for the subject property of up to 12 dwelling units per acre, therefore, this change does not result in a greater density. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. Pursuant to Land Development Regulation 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 parking area would be part of the automobile sales, leasing, and rentals, which is a principal use in the AC zoning district per LDR Section 4.4.10(B). The AC zoning district is considered compatible with the proposed GC land use designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, 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 applicant has provided a justification statement that addresses the demonstrated need for the proposed FLUM designation change. The applicant states that Presidential Auto Leasing and Sales "needs" the property and that there is no current "need" for available stock of vacant residential land due to the economy and housing trends. The applicant claims that the neighborhood opposition to the proposed Wal-Mart in the area demonstrates P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 3 a support from the residential neighborhood for auto related uses. In fact, the overwhelming sentiment of those opposed to the Wal-Mart were the compatibility concerns with the commercial uses to their residential neighborhood. However, this proposal creates the same compatibility concerns and represents further encroachment of the auto related use into the residential neighborhood. The applicant provides no data or detailed analysis to justify this loss of housing stock in the area. Further, there are no goals, objectives, or policies in the Comprehensive Plan that support this proposed change. The sections of the Comprehensive Plan that the applicant identifies in his justification statement (Introduction and Summary of Major Features) are located in the introductory section of the Comprehensive Plan and are not intended to provide a basis for support or opposition to the subject applications. Maintaining the existing residential designation (and ultimate residential use) would be compatible to the existing residential neighborhood to the south and east in contrast to the encroachment of auto related uses which would be incompatible with these uses. The Comprehensive Plan indicates that the population growth in the City is expected to continue. The current population projections have the City growing to 78,143 by 2025, which is a 21.6% increase. Thus, elimination of vacant residential land does not support future trends and adequate justification for the proposed FLUM change has not been provided. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change to AC is not supported by any of the goals, objectives, and policies of the Comprehensive Plan. The applicant has indicate that the changes are necessary due to their business needs to use the property for additional parking and to eliminate strip commercial development. Policv A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Strip commercial development, in this context, is characterized by several of the following design features: buildings are arranged in a linear (or strip) format on a narrow depth lot; parking is generally street frontage or on-street; uses are one store deep; no design integration among individual uses; typically no pedestrian access between adjacent developments; very little or no uniformity of signage on an individual development. The auto related use is a single tenant business with a depth that is consistent with the majority of the commercial uses along the east side of South Federal Highway. It is not considered strip commercial, therefore, the expansion is not supported by this policy. Policv 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. The creation of the redevelopment plan is currently under way and has not been considered or approved by the City Commission. It is anticipated that this document will be finalized before the end of the year. The initial public hearing on this redevelopment plan will be conducted on P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 4 March 3, 2011 and March 7, 2011 and initial direction will be available before consideration of this request by City Commission. ^ concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis compares the development potential of the property based on the current FLUM designation (RM) and the proposed FLUM designation (GC). Per the Future Land Use Element, a maximum Floor Area Ratio (FAR) of 3.0 is allowed in the GC FLUM designation. EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Retail Development (acres) (acres) Potential (12 d~ac) 0.22 acres x 12 = 2 dwelling units (0.22 acres) 28, 941 square feet Traffic: The applicant has submitted a comparative traffic analysis associated with the maximum development potential of a commercial development compare to the residential potential for the property. This study indicates that the property with a residential designation will generate 14 average daily trips. The maximum commercial development potential of the property (28,941 square feet) will generate an increase of 1,448 trips per day. It is noted that traffic concurrency is reviewed and established as part of a development application. Water & Sewer: Water is available to the site via a 10 inch main from Federal Highway and sewer service is available via an 8 inch main along Avenue "L." The Comprehensive Plan indicates that the current sewer plant has adequate capacity to service the City's project population beyond the year 2025. Adequate capacity is available in the City's water and wastewater systems to meet the increased demand, therefore, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: 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 & Recreation The proposed FLUM amendment to GC and Zoning designation change to AC from residential would reduce the impact on parks and recreation. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 5 Schools School concurrency is reduced by the proposed change from residential to commercial. Solid Waste: The waste generated by 2 multiple family dwelling units is 1.6 tons per year. As noted previously, the commercial development potential of the property is 28,941 square feet. The waste generated by a general retail store is 10.2 pounds per square foot per year. Thus, the FLUM amendment could result in gross waste generation of 147.60 tons annually. It is noted that the proposed AC zoning designation would limit the likely use of the property to automotive sales. A vehicle sales use generates 9.2 pounds per square foot per year. Based on this the proposed change could generate a potential of 133.12 tons of solid waste year. The proposed change would have a net impact of 130.72 tons additional of solid waste per year. The Solid Waste Authority has indicated that the capacity of the current landfill will be available through the year 2031. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed GC FLUM and AC zoning designations allow for higher intensity uses than the existing multiple family designations. The proposed commercial designation would not be incompatible with the commercial designations to the north. However, the commercial designation could create a further incompatibility with the residentially designated properties to the east (vacant) and south (Boca Isle Condo) by increasing the boundary of the area that creates the conflict. Based on this expansion of incompatibility between the commercial and residential uses, the proposed FLUM and zoning designation changes cannot be supported. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the site plan review process. ZONING ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, concurrency and Comprehensive Plan Consistency was 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. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 6 CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B and E are not applicable with respect to the rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is not within one of the designated neighborhood designations. Thus, a rezoning to a commercial classification is not prohibited by this standard. (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. As noted in the FLUM amendment section of this staff report, the Presidential Auto Leasing and Sales property that abuts Federal Highway is not considered strip commercial development given the nature of the use and the depth of the property. Thus, the FLUM amendment and rezoning of the vacant residential lots have no relationship to this standard and is not applicable to the requested actions. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted in FLUM amendment section of this staff report, there is a concern over the encroachment of the commercially designated property into the residential neighborhood. Increasing the exposure of this commercial use to the residential neighborhood to the south and east will create an incompatibility. As noted in the background section of this report, a redevelopment plan is currently under review for the South Federal Highway corridor. One of the focuses of this redevelopment plan will be the buffering of commercial properties along the east side of Federal Highway and how they transition to the residential properties. It has been recognized that there are existing compatibility concerns with the commercial properties on the east side of Federal Highway when they abut residentially zoned properties. Given this focus, it would appear that there is a concern that the existing development regulations do not adequately mitigate the adverse impacts created by the commercial uses. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 7 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant indicates that the applicable reasons for which the rezoning is being sought is "a" and "b." The applicant indicates in the rezoning request that "it is an error to make this property medium density residential - it is too small to be useable. It is only the size of a single family lot." As noted in the FLUM analysis section of this report, the subject property can accommodate 2 dwelling units, which is consistent with the development pattern of the surrounding area. Further, it could be aggregated within residential zoned property to the east to provide for additional development potential. There is no evidence that the subject property had been changed or established in error. With respect to finding "b," the applicant states "South Federal Hwy. has been built up over the years with deep properties extending East from US#1. The Frontage on US#1 is out of character with the other properties on US#1 in that it is not deep. This request makes the frontage on US#1 more in keeping with the way US#1 has actually been developed in recent years." The Presidential Auto Leasing and Sales site is 357 feet deep and is among the deeper properties along the east side of South Federal Highway. The property is the same approximate depth as Dumar Plaza and Delray Plaza. There has been no change in circumstances that would support the notion that the residential zoning of this property is inappropriate. Based on the above, a finding cannot be made that the proposed rezoning fulfills any of the reasons for a zoning change. There is no evidence that the zoning was ever established in error. Further, the property depth of the existing auto related use is consistent with the development pattern along most of the east side of Federal Highway and contains slightly less depth than the three larger properties (Delray Shopping Center, Linton Center, and Ralph Buick auto dealership) along South Federal Highway. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 8 REVIEW BY OTHERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Eastview Village • Captain's Walk • Pelican Harbor • Pelican Pointe • Tropic Bay • Tropic Harbor • Tropic Isle Civic Association • Tropic Palms • Spanish Trail Condo • Serena Vista Condo Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A letter of support has been submitted from the Tropic Isle Civic Association and is attached. Any further letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT A similar action was considered and denied by the City Commission in 1992 to rezone the property from RM to CF in order to establish an accessory parking area for Presidential Auto Leasing & Sales. Based on the analysis in this staff report, the proposed FLUM designation change to GC fails to meet any of the reasons for a FLUM amendment. The applicant has not demonstrated a need for the FLUM change since the existing MD FLUM designation will maintain a stock of land for multiple family developments within an established residential neighborhood for future population growth within the City. Further, the proposed rezoning does not fully comply with any of the Standards for Rezoning Action actions or Rezoning Findings. Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). The proposed further encroachment of the commercial use will cause an incompatibility with adjacent residential neighborhoods to the south and east. Therefore, the proposed FLUM amendment and related zoning changes are recommended for denial based on the findings outlined in this report. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 9 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets 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 the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof 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. STAFF RECOMMENDATIONS Move a recommendation of denial to the City Commission for the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof 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. Attachments: ^ Applicant's Justification Statement ^ Future Land Use Map ^ Zoning Map ^ Letter from Tropic Isle Civic Association Prepared by: Scott Pape, AICP, FCP, Senior Planner ~ A NIA DRIVE w ° AVENUE H ~ HYACINTH DRIVE ~~ IRIS DRIVE 0 >- m Q c~ JASMINE DRIVE w F Q w ° G ~ z ~ ~ O N J Q Li ~ LINDELL BLVD . VENUE L 0 J m V _ TRA/~ ~~ Z TROPIC ISLE DR. ~ ~ o ~ M® ~ W ~ ~ ~ W ~ Li ~ ° BOSUN WAY U ~ A 2 U F N\SN CIR. =c~ ~ ~ ~ S P P r ~ ~~ -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1234c_Presidential Auto Leasing and Sales_FLUM ~ ~ w ~ ~\ ~ SUBJECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES ) it PLANNING AND ZONING O ~- DEPARTMENT FUTURE LAND USE MAP ~ A NIA DRIVE w 0 AVENUE H ~ A HYACINTH DRIVE IRIS DRIVE AC ~- m Q JASMINE DRIVE PC w w Z O N J Q Li ~ LINDELL BLVD . VENUE L 0 J m V _ TRA /~ ~~ Z TROPIC ISLE DR. ~ J H O tZ ~ ~ W ~ Li ~ 0 BO UN A~ ~ ~2 ~~~ SN IR. ~ v m° N ~ ~_ ~ S P r ~ ~~ -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1234D_Presidential Auto Leasing and Sales_Zoning ~ ~ w ~ ~\ ~ SUBJECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES ) it PLANNING AND ZONING O ~- DEPARTMENT ZONING MAP Wynn, Kimberly From: Harden, David Sent: Friday, March 11, 2011 4:42 PM To: Wynn, Kimberly Subject: FW: Presidential-Images Attachments: 0-11x17 Overall Aerial.pdf Importance: High Please put this e-mail and its attachment in the backup for this agenda item. -----Original Message----- From: Bauer, Gerri Sent: Friday, March 11, 2011 12:31 PM To: Harden, David Subject: FW: Presidential-Images Gerri Bauer Executive Secretary to the City Manager City of Delray Beach 100 NW 1 Avenue Delray Beach, FL 33444 561-243-7015 (Office) 561-243-7199 (FAX) bauer(u~mvdelravbeach.com Member of NAPW and ASAP -----Original Message----- From: Michael Listick fmailtcxMichaeln,]istickandkrall.coml Sent: Friday, March 11, 2011 10:56 AM To: CitvManager(c~MvDelravBeach.com Subject: FW: Presidential-Images Mr. Harden Attached is an aerial view of the site and surrounding area regarding the Presidential Auto rezoning and FLUM change which is up for first reading on March 15. If it is not too late please put it in the package for the commissioners. The purpose is show the fact that the area has been built up over the last 15 years and the threat of a major encroachment into vacant residential lots no longer exists. The former vacant residential lots are no longer vacant and encroachment is not an issue any longer. Thank you Michael Listick v ~ '~ ~ _ ~T' v~ls; 1111~1111~i,«V~~,~~ '!SI ~' ~ ' '~ -`V ~ ~ ~ ~~ ~''~ ~ : ~, k Vtu r~~~tt~~ hNV « '~ ll'~t~i ,~ ~ r ~ `T rt ~ i~~ III `~~i ~ •r ~. ~ ~. ~ ~ ~ ~~ +''~, ~ ~` r .~ ' ~~ ~ _ ~~ ~"~; "~ ,p" ._~ ~,; "fd ~ ~ ~ , ~_ L 1 _,~ ,. _ A .. r' r. ... d ~~ l~ F t a ~, , ~ ~,, •r x~ .,~ x ~' .. ~ ,' ~• t i «~ ', ~~ ,., ,~ '' ~. , *' ~ _ ~' ~` ~` .. ~ ~~ ~ a ,. ' ,~ _ ~ ,, „„ ~y - 4 .~ ~~ "~ t P ~ ~ ; ~ '' ~„ ~ ~.~r ~. ~, ... ~, ,... - ~~ ~ t ; ~; r x ~. ~ ~ , ~ ~~ .~ ~- ~~. ~ ~~ ~ ~ III ~~~ ~~ ~ ~., +~ ,, w.wMf~'.i .. ~~ }. t- ...I~.F d i ! l+ 4 "~; 7r,' . - ~ 1F .- y ~ i ~{ _ , `,_~:,, ~~.. ... µ _.. + ~ i ~ ~ i"' ~ ~~c,. ~ ,~ a ;... .~ I 7r x ~' H 1 N c ~'i l .~. 4 ~ ~ ,tJr ,~ "i..;~ ~ i' { ~ t ~ n. 1~ ~ I ~~~ b(~ 1' Y w~A. .. yam, ~( ~~~ ~J. d!~ ~~ ~ IAA' ~ ~ f~, ~. r ~' ~ y ~'' ~ ~' , ~f,;: ~ ,`. _~ ~ ~1 _ ~ '~~ a `~ ~~ ` ~~ ~ ' n~, I ...r.r III ~ 1F ~ 4 ~_ K ~ J ~. ~ . ,. _. .- ~,~ . .,. ~ 4 '„ ~ ~,~ _. n , ~ F _ - +~~ ~ ~ _ i ~ #K j,~ .. -.~_, II ~ ~~ ~ ~ ~ ~ '~ ,;,~,~ ~ ~~ '~ '- _ :- , .~ ~ - ~ .:. ~, ~, _ , t ,gP~ y o~ 3 ~ ~ R ryl" e y '^l 111111 ~i ELF 7 * '. E w 1 n 1 r ;, ~ ~ ~'~''' ~ r ,: ~, .: ~, ~ 4 ~~ ~g .,~ ~: ~ ,~~ ~ ~ _ ~ ` .. ~ ` ~ ,a'~.J ~.~, ~E~ ~f - ~' ~ v~,,; ~A '~ ... t c -' ,. N e ' ~ t ,,rfr 3 ~., M1. } .. c, ~„ -~.. ~, >~ . ar l ~, ~ ~ r+ ~y „~ T .,,,, ~ - i t _ r. l _ '.3 r. YI j ~1 F -'~~ { dk~l ~~, _ ~9.~ ~~ ~~ °~y .~ ,, ~ ..i. y~ PI ~, ~~ ~ iiilll..."' °' K $.. i/6~ i ,. . k ~ ".. r , ~, . s. G 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: March 9, 2011 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 11-11 ITEM BEFORE COMMISSION Consideration of acity-initiated ordinance to amend the Land Development Regulations (LDRs) by amending the definition of "Medical Office." This is accompanied by two (2) other related ordinances (09-ll and 10-ll); all three ordinances address how the City regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. 11-ll revises the Medical Office definition to include the outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non-institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses, including intensive inpatient treatment facilities, will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-ll 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. ORDINANCE NO. 11-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, PY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "MEDICAL OFFICE", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Peach has the authority to make regulations pertaining to land use and development within the City of Delray Peach; and WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard, sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, 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 Peacl-y Florida, is hereby amended as follows: MEDICAL OFFICE Shall mean an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not limited to technicians and assistants, who are acting Linder the supervision and control of a licensed health care practitioner. Also included in this section shall be all providers or facilities licensed under Fla Stat. Sections 397.311(18~(a)6, "Intensive Outpatient Treatment" and 397.311(18~(a)8, "Outpatient Treatment". 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 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: City Clerk First Reading Second Reading 2 ORD. NO. 11-11 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. 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 Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 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 considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , 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 Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4