11-01-11 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Tuesday,
November 1,
2011
Regular
Meeting 6:00
p.m.
Public
Hearings 7:00
p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual will
be limited to three minutes or less . The Mayor or presiding officer has discretion to
adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n 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 t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals
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 n ot 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. Th erefore, 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 in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l 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, FL
33444
Phone: (561)
243-7000
Fax: (561)
243-3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy 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 a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
REGULAR MEETING AGENDA
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG
A.NONE
4. AGENDA APPROVAL
5. APPROVAL OF MINUTES:
A.October 11, 2011 - Special/Workshop Meeting
B.October 18, 2011 – Regular Meeting
6. PROCLAMATIONS:
A.Families Reading Together Month – November 2011
7. PRESENTATIONS:
A.Aid to Victims of Domestic Abuse (AVDA) – Pamela O ’Brien
B.S.P.I.R.I.T. (Service, Performance, Integrity, Resp onsibility, Innovation, Teamwork)
Committee Quarterly Awards Presentation)
8. CONSENT AGENDA: City Manager Recommends Approval
A. REQUEST FOR SIDEWALK DEFERRAL/106 SEA LANE: Approve a request to
defer the installation of a sidewalk along Lowry St reet for the property located at 106
Sea Lane.
B. ACCEPTANCE OF A STORMWATER EASEMENT DEED/401 S.W. 1 0 TH
STREET: Approve and accept a stormwater easement deed for property located at
401 S.W. 10th Street.
C. AMENDMENT NO. 3 TO THE AGREEMENT/GOVDEALS, INC.: Approve
Amendment No. 3 to the Agreement with GovDeals, Inc . for online auction sale of
surplus City vehicles and equipment.
D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRA)/US 1 CORRIDOR BEAUTIFICATION: Approve an Interlocal Agreement
with the Community Redevelopment Agency (CRA) in th e amount $1,856,708.00 for
the repayment of the State Infrastructure Bank (SIB ) loan applied for from the
Florida Department of Transportation (FDOT) for the US 1 Beautification Project.
E. REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W.
12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE: Approve a revised
Interlocal Agreement with Palm Beach County for rei mbursement to the City in the
amount of $1,000,000.00 for costs associated with i mprovements along S.W. 12th
Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10t h Street to West Atlantic
Avenue.
F. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNI TY
REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF
CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 to the
Interlocal Agreement with the Community Redevelopme nt Agency (CRA) for funding
of construction costs and professional services for certain projects as listed on Exhibit
“A ” attached to the Agreement for FY 11/12 .
G. CONSULTING SERVICE AUTHORIZATION NO. 07 -05.2/KIMLEY -HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 07 -05.2 to Kimley Horn and
Associates, Inc. in the amount of $32,081.99 for design of the Federal Highway
Enhancements Project. Funding is available from 334 -3162 -541 -68.52 (General
Construction Fund: Other Improvement/Federal Highwa y Beautification) and 442 -
5178 -536 -68.52 (Water & Sewer Renewal & Replacement Fund: Im provements
Other/Federal Highway Beautification).
H. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMI LIES
(ACCF): Approve an agreement between the City of Delray B each and Achievement
Centers for Children and Families (ACCF) in the amo unt of $52,000.00 to carry
out services at the Village Academy Beacon Center f or FY 2011 -2012. Funding is
available from 001 -4111 -572 -83.01 (General Fund: Other Grants & Aid).
I. HAZARDOUS MATERIALS TECHNICIAN COURSE/HAZMAT IQ: Approval for
nine (9) Fire -Rescue Department personnel to attend a Hazardous M aterials
Technician course offered by HazMat IQ in the amoun t of $15,750.00 to be
reimbursed through the Homeland Security Domestic P reparedness Grant Program.
Funding is available from 001 -2315 -526 -54.30 (General Fund: Books/ Publications/
Subscriptions/ Memberships/ Training/ Education Cos ts).
J. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify certain appointments to the Kids and Cops
Committee for two (2) year terms ending November 30 , 2013.
K. SPECIAL EVENT REQUEST/15 TH ANNUAL DELRAY BEACH CRAFT
FESTIVAL: Approve a special event request to endorse the 15 th Annual Delray
Beach Craft Festival sponsored by Howard Alan Event s, Ltd. to be held February 25 -
26, 2012 from 10:00 a.m. to 5:00 p.m., to grant a t emporary use permit per LDR
Section 2.4.6(F) for use of N.E. 2nd Avenue, from the alley north of Atlantic to
midway between N.E. 3rd Street and N.E. 4th Street (south of the City Walk condo
garage entrance), and use of the north end of City Hall ’s parking lot for vendor
parking, and to provide staff support for traffic c ontrol, security and fire
inspection services.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
October 17, 2011 through October 28, 2011.
M.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Municipal Lighting in the amount of $49,841.00 for the
purchase of twelve (12) concrete street light standards and LED fixtures to replace
standards being removed on Atlantic Avenue due to r ust and corrosion . Funding is
available from 334 -3162 -541 -46.14 (General Construction Fund: Repair and
Maintenance Services/Atlantic Avenue Street Light R eplacement ).
2.Contract award to Special Products Group (SPG) in t he annual estimated
amount of $60,000.00 for uniform procurement for Fire -Rescue Department
personnel. Funding is available from 001 -2315 -526 -52.22 (General Fund:
Operating Supplies/Uniforms/Linen Service), 001 -2311 -522 -52.22 (General
Funds: Operating Supplies/Uniforms/Linen Service) 0 01 -2313 -522 -52.22 (General
Fund: Operating Supplies/Uniforms/Linen Service) an d 001 -2317 -522 -52.22
(General Fund: Operating Supplies/Uniforms/Linen Se rvice).
3.Contract award to Zoll Medical Corporation in the a mount of $22,040.50 to
renew the extended warranty and semi -annual preventive maintenance contract
and provide guaranteed repair coverage for seventee n (17) 12 Lead EKG
Monitor/Defibrillators. Funding is available from 0 01 -2315 -526 -46.20 (General
Fund: Repair & Maintenance Services/Equipment Maint enance).
4.Purchase award to American Traffic Products & Servi ces in the amount of
$16,040.00 for the City's yearly supply of reflecti ve sign sheeting. Funding is
available from 001 -3141 -541 -52.20 (General Fund: Operating Supplies/General
Operating Supplies).
5.Award to Fluid Control Specialties, Inc. in the amo unt of $34,812.00 for p urchase
and delivery of large replacement valves at City ’s Water Treatment Plant for
Filter #3 . Funding is available from 442 -5178 -536 -64.90 (Water & Sewer Renewal
& Replacement Fund: Machinery/Equipment/Other Machi nery/Equipment).
6.Purchase award to Sentry Industries in the amount o f $257,000.00 for purchase
and delivery of sodium hypochlorite “as needed ”. Funding is available from 441 -
5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies/Che micals).
7.Purchase award to Tanner Industries, Inc. in the an nual estimated amount of
$31,000.00 for the purchase and delivery of anhydro us ammonia “as needed ” via
City of Port Orange, Florida Bid# B10 -16; contingent upon execution of a City
Standard Agreement as approved by the City Attorney . Funding is available
from 441 -5122 -536 -52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals).
9. REGULAR AGENDA:
A.CONDITIONAL USE REQUEST/ DELRAY COMMUNITY PHARMACY:Consider
approval of a conditional use request to allow, wit hin the Mixed Residential, Office
and Commercial (MROC) zoning district, the construc tion of a drive -thru lane at the
Delray Community Pharmacy, located at 1601 South Co ngress Avenue. (Quasi -
Judicial Hearing)
B.REQUEST FOR IN -LIEU OF PARKING SPACES/ATLANTIC OCEAN
CLUB:Consider a request for the purchase of eight (8) in -lieu of parking spaces in the
amount of $124,800.00 to accommodate an expansion o f use for Atlantic Ocean Club
located at 217 East Atlantic Avenue. (Quasi -Judicial Hearing)
C.JOINDER TO MEMORANDUM OF UNDERSTANDING/MULTIPLE AGE NCIES:
Consider approval of a Joinder to the Memorandum of Understanding between South
Florida Water Management District (SFWMD), LWDD, Pa lm Beach County and the
City of Fort Lauderdale regarding the C -51 Water Supply and Water Quality
Reservoir Planning and Development.
D.SETTLEMENT OFFER IN ILENIA JOSEPH v. CITY OF DELRAY BEACH:
Consider a Settlement Offer in the total amount of $20,000.00 in Ilenia Joseph v. City
of Delray Beach. Staff recommends approval subject to the receipt of the appropriate
releases.
E.SPECIAL EVENT REQUEST/TREE LIGHTING/ON THE AVENUE: Consider
approval of a special event request to endorse the Tree Lighting and On the Avenue
to be held on December 1, 2011 from 5:00 p.m. to 1 0:00 p.m., to grant a temporary
use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton
to N.E./S.E. 6th Avenue, and to the alley north of Atlantic Avenue on N.E. 1st Avenue,
N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley
south on S.E. 1st Avenue, S.E. 2nd Avenue, S.E. 3rd Avenue and S.E. 4th Avenue; to
authorize staff support for security, traffic contr ol, banner hanging and removal,
barricade set up and removal, trash removal, clean up, EMS assistance, fire
inspection services and use of the large City stage ; contingent upon receipt of the Hold
Harmless Agreement.
F.SPECIAL EVENT REQUEST/50 TH ANNUAL DELRAY AFFAIR: Consider
approval of a special event request from the Chambe r of Commerce to endorse the
50th Annual Delray Affair to be held on April 13 -15, 2012, to grant a temporary use
permit per LDR ’s Section 2.4.6(F) for use of City property and rig hts -of -way as
requested including Atlantic Avenue from S.W. 2 nd Avenue to Palm Square, to allow
all vendor permits to be assigned and approved by t he Chamber of Commerce, to
allow this to be the only event held on these dates in the City, to provide a waiver of
parking time restrictions in the downtown area duri ng the event, and to provide staff
support as requested; contingent upon the condition s of approval listed in the staff
report.
G.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular
member to the Police Advisory Board to serve an une xpired term ending July
31, 2013. Based upon the rotation system, the appo intment will be made by
Commissioner Carney (Seat #1).
H.APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member
to the Education Board to serve an unexpired term e nding July 31, 2012. Based upon
the rotation system, the appointment will be made b y Commissioner Gray (Seat #4).
I.APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular
member to the Financial Review Board to serve an un expired term ending July
31, 2012. Based upon the rotation system, the appoi ntment will be made by
Commissioner Frankel (Seat #3).
J.APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
alternate member to the Code Enforcement Board to s erve an unexpired term ending
January 14, 2013. Based upon the rotation system, t he appointment will be made by
Commissioner Alperin (Seat #2).
K.APPOINTMENT TO THE BOARD OF ADJUSTMENT:Appoint one (1) alternate
member to the Board of Adjustment to serve an unexp ired term ending August 31,
2013. Based upon the rotation system, the appointme nt will be made by
Commissioner Frankel (Seat #3).
10. PUBLIC HEARINGS:
A.ORDINANCE NO. 38 -11: Consider an annexation (via the provisions of the executed
Agreement for Water Service and Consent to Annexati on) with initial City zoning of
CF (Community Facilities) for Lago Vista, located a t the southeast corner of Linton
Boulevard and the LWDD E -3 Canal. (Quasi -Judicial Hearing)
B.ORDINANCE NO. 25 -11: (SECOND READING/ ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2011 -1): Consider approval and
adoption of Comprehensive Plan amendment 2011 -1 including the following text
changes.
A. City Initiated Text Amendments:
i. City Initiated: Futu re Land Use Element - Addition of Policy A -5.4
to require building and site designs for all develo pment and redevelopment projects to
incorporate Crime Prevention Through Environmental Design (CPTED) standards to
the greatest extent possible.
ii. City -initiated: Capital Improvement Element - Update the City ’s
Five -Year Capital Improvements Schedule (Table CI -CIP) to reflect adoption of the
FY2012 -FY2016 Capital Improvements Program.
iii. City -initiated: Capital Improvement Element - Update the Palm
Beach County School District ’s Capital Improvement Schedule (Table SD -CIP) to
reflect adoption of its FY2012 -FY2016 Capital Improvements Program.
iv. City -initiated: Capital Improvement Element - Update the City ’s
Reclaimed Water Capital Improvement Schedule (Table RW -CIP) to reflect adoption
of the FY2012 -FY2016 Capital Improvements Program.
B. City initiated Future Land Use Map amendment:
i. City initiated Future Land Use Map amendment from County
INST/8 (Institutional with an underlying Residentia l of 8 units per acre) to City CF
(Community Facilities) for Lago Vista, located at t he southeast corner of Linton
Boulevard and the LWDD E -3. (Quasi -Judicial Hearing)
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. 37 -11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 4.5.3, “Flood Damage Control Districts ”,
Subsection (D), “Construction Standards ”, to modify the section while maintaining
compliance with State Statutes and Federal Requirem ents. If passed, a public hearing
will be held on November 15, 2011.
B.ORDINANCE NO. 40 -11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 4.6.9(E)(3), “In -Lieu Fee ”, to clarify that the
maximum percentage of in -lieu spaces applies only to new developments and th e
expansion of existing developments. If passed a pub lic hearing will be held on
November 15, 2011.
C.ORDINANCE NO. 41 -11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 2.4.6(F), “Temporary Use Permit ”, to clarify
the approval authority for uses under a tent. If pa ssed, a public hearing will be held
on November 15, 2011 .
D.ORDINANCE NO. 42 -11: Consider an amendment to Chapter 33, “Police and Fire -
Rescue Departments ”, Section 33.64, “Contributions ”, Subsection (A), “Member
Contributions ”,to increase employee contributions by 3% in compli ance with the new
terms of the Collective Bargaining Agreement.If passed a public hearing will be held
on November 15, 2011.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
SPECIAL/WORKSHOP MEETING
OCTOBER 11, 2011
A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at
6:00 p.m., on Tuesday, October 11, 2011.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been
called for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. RESOLUTION NO. 39-11: Consider approval of Resolution No. 39-11 to authorize the sale
of Delray Beach Water and Sewer Revenue Refunding Bonds, Series 2011B.
Ms. Rebecca O’Connor, City Treasurer, presented this item and stated the purpose is to
refinance the 2007 Water/Sewer Bonds.
Dr. Alperin moved to approve Resolution No. 39-1 1, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mr. Carney – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes;
Mayor McDuffie – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie adjourned the Special Meeting at 6:03 p.m.
WORKSHOP MEETING AGENDA
1. Discussion of the Greater Delray Be ach Chamber of Commerce Relocation
The City Attorney presented this item and sta ted the Community Redevelopment Agency (CRA)
and the Chamber of Commerce has not approved th e agreements yet. The agreements are being
brought to the Commission first for review. The Ci ty Attorney explained the agreements as well
as the amendment which provides that the CRA will fund the inter ior build out of the space up
to $475,000 with the Chamber to pay the remaining balance and overse e construction. The
Lease Modification Agreement term remains the same. He also addressed an annual fee
regarding maintenance of the exterior space, language that includes t hat if the city wants to
relocate the Chamber then it has the option to do so.
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October 11, 2011
The Interlocal Agreement addresses the amount th e developer was to pay back to the city. Mr.
Shutt discussed TIF dollars-the property/parking sp ace would revert back to the city. The city
would receive 50% of the TIF funds.
Dr. Alperin disclosed that he is a Board memb er of the Chamber of Commerce and was past
Chair of the Board at the time the contract was done. He has checked with the City Attorney
and he does not have an ethics issue and can speak on this item.
Mr. Carney stated he would like to make sure th at the monies are not going to a single tax
district versus the city as a whole.
Mrs. Gray asked when the developer is scheduled to close on this property and why the city
cannot wait on this since the developer has responsibilities.
Scott Porten, Chair of Governmental Affairs for the Chamber, expla ined why the Chamber is
ready to move.
Mrs. Gray asked what is the Chamber’s risk and since they are a 501(c)(6) and are considered
private, why should the city pay for their move.
Mr. Frankel stated the city needs to do whatever we can to move this project along.
Mr. Carney asked about the agreement language.
Mayor McDuffie stated he is not sure when the developer will come in. However, he supports
this. He thanked City Attorney Brian Shutt, Mr. Ca rney, and Mr. Porten for all of their work on
this.
It was the consensus of Commission to move forward with the relocation of the Chamber of
Commerce.
2. Status Report on Parkin g Study Implementation
Scott Aronson provided an update via PowerPoint of the immediate, short term and long term
goals of the parking study implementation. He reviewed what tasks have been completed, what
tasks are in-progress and what tasks are currently unachievable. He discussed what Public
Works, Parks and Recreation, the Finance and Police Departments cont ribute towards parking.
He also reviewed equipment costs and estimate d annual revenue. He explained the options
related to parking and the combinations of parking for different Downtown areas.
Dr. Alperin asked if a study has been done regard ing who is actually parking on Atlantic Avenue.
Mr. Frankel stated it is mostly the employees of the businesses.
Mr. Aronson discussed parking and enforcement. He stated it is enforced less in the evenings
than in the daytime.
Mr. David T. Harden, City Manager, stated we may look into technology that goes by tag
number instead of chalk.
Mr. Carney asked about the merchants and hours of enforcement. He stated we need to address
the employee parking there. He would like to see equal treatment from Swinton Avenue to
A1A.
Mayor McDuffie stated he agrees with options 3, 4, 5, and 6. He feels the merchants know more
regarding the parking issues than the Commission does. Regarding parking, he stated we have
issues with how to move employees off of Atlantic Avenue.
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October 11, 2011
He reiterated all stakeholders need to be involved.
Dr. Alperin asked that staff look at what this is costing the city.
Mrs. Gray asked if there are any lots in mind of where we would pu t employees. The city
manager stated we have looked at vacant properties for this.
Mayor McDuffie stated the city should take a Saturday and invite everyon e to Old School
Square. The city manager stated a facilitated charrette will be a good approach and staff will
look into this.
Commission thanked the downtown merchants for their involvement.
3. Old School Square Garage Valet Parking Program
Scott Aronson presented this item and discussed st aff’s proposal regarding the main floor of the
parking garage. He also discussed specifics of the valet proposal: times of operation, staffing,
hours of operation, costs and seasonal adjustments.
Dr. Alperin asked about the 24,000 cars per year utilizing the queue.
Mayor McDuffie stated it equals out to 66 cars per day.
Mrs. Gray asked are we considering doing anything with the Federspiel Garag e.
Mr. Frankel asked why the city is giving away valet parking spots all up and down Atlantic
Avenue. He stated he would like for staff to look at this regarding expanding 32 East.
It was the consensus of the Commission to pursue this.
4. Billing Vacant Properties fo r Utility and Garbage Service
Mr. David Boyd, Finance Director, discussed utility and garbage services explaining that each
service has a separate ordinance that governs wh at the city can charge. He reviewed charges for
vacant properties. The City Manager stated we pay Waste Management whether anyone lives on
the property or not. Mr. Boyd also discussed sewer charges as well as water charges.
Dr. Alperin stated this needs to be made clear to property owners that we are passing the city’s
costs to them.
Mr. Carney asked how many properties are being ch arged and if foreclosures’ water charges are
handled in accordance with Florida Statutes Chapter 159.
Commission stated they understand the charges better now.
Mayor McDuffie adjourned the Workshop Meeting at 7:57 p.m.
________________________________
City Clerk
4
October 11, 2011
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and th e information
provided herein is the Minutes of the Works hop Meeting of the City Com mission held on Tuesday,
October 11, 2011, which Minutes were formally approved and adopted by the City Commission on
November 1, 2011.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are no t completed as indicated above, this
means they are not the official Minutes of the City Co mmission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
10/18/11
OCTOBER 18, 2011
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, October 18, 2011.
1. Roll call showed:
Present - Commissioner Tom Carney
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman wit h Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mayor McDuffie noted the addition of Item 7.A., Presentation for USA
Netball Association, Inc. Tournament and Item 9.F., Bid Award/Randolph and
Dewdney Construction, Inc. by addendum.
The City Attorney stated the applicant has requested that Item 9.C.,
Consideration of an Appeal/Historic Preservation Board’s Decis ion/Class III Site
Plan Modification and Item 9.C.1., Consideration of an Appeal/Historic
Preservation Board’s Decision/Waiver Request be postponed.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Dr. Al perin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney - Yes. Said motion
passed with a 5 to 0 vote.
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10/18/11
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Workshop Meetin g of
September 13, 2011, seconded by Mr. Frankel. Upon roll call the Commiss ion voted as
follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney –
Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
Dr. Alperin moved to approve the Minutes of the Regular Meeting of
October 4, 2011, seconded by Mr. Carney. Upon roll call the Commi ssion voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin –
Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
7.A. USA Netball Association, Inc. Tournament – Carole Hokrein
(ADDENDUM)
Carole Hokrein, Administrator for the USA Netball Association, g ave a
brief PowerPoint presentation of Netball and showed a video clip . Ms. Hokrein stated
Netball is a sport for mainly women and girls but boys and me n do play as well. She
stated over 18 countries around the world play this game. Ms. Hokrein s tated America
has been represented at World Championships since 1995 and finished as high as 9 th and
we are the only country that fundraises their own way there.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/1001 LEWIS COVE:
Approve a request to defer the installation of sidewalk along Lew is Cove for property
located at 1001 Lewis Cove.
8.B. REQUEST FOR SIDEWALK DEFERRAL/975 BANYAN DRIVE:
Approve a request to defer the installation of a sidewalk along Banyan Drive for property
located at 975 Banyan Drive.
8.C. FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD
ESTATES: Approve the final subdivision plat for Little Wood Estates, locat ed at the
south end of N.W. 1st Avenue, between Woods Lane and Trinity Lutheran Church.
8.D. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH
COUNTY: Approve Amendment No. 1 to the Agreement with Palm Beach County to
extend the deadline to October 21, 2012 for completing improvements c omprising the
Auburn Avenue project.
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8.E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DROWNING PREVENTION COALITION (DPC): Approve an Interlocal
Agreement with Palm Beach County for payment of swimming lesson fees not to exceed
$50.00 per class for the Learn to Swim Program at Pompey Park and the Delray Swim
and Tennis Center through the Drowning Prevention Coalition of Palm Beach County.
8.F. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) and Residential Construction Mitig ation Program
(RCMP) to the lowest responsive bidder for 316 N.W. 6th Avenue to Raymond Graeve &
Sons Construction, Inc. in the amount of $28,090.46. Funding is available from 118-
1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabil itation)
and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
8.G. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract to the selected contractor for
Neighborhood Stabilization Program, All Phase Roofing & Constructi on, in the amount
of $39,018.00 for 212 N.W. 14th Avenue. Funding is available from 118-1935-554-
62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
8.H. CHANGE FUNDING SOURCE FROM DISASTER RECOVERY
INITIATIVE (DRI) TO COMMUNITY DEVELOPMENT BLOCK GRA NT
(CDBG)/HOUSING REHABILITATION CONTRACT AWARD: Approval to
change the funding source from Disaster Recovery Initiative (DRI) to Community
Development Block Grant (CDBG) for the Housing Rehabilitation co ntract award
for 354 N.W. 6th Avenue; and approval to exceed the maximum housing rehabili tation
cost, established at $37,000.00 for an individual property under the Depart ment’s
approved Policies and Procedures to accommodate the total bid award of $37,875.95.
Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Cur rent
Charges/Housing Rehabilitation).
8.I. GRANT APPLICATION: WALMART - HOLIDAY TOY
PROGRAM: Provide authorization for submission of a grant application to Walma rt in
the amount of $5,000.00 to support a Holiday Toy program for disadvantaged youth in
collaboration with local Law Enforcement Officers.
8.J. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE:
Approve a special event request to endorse the Annual Holiday Page ant Parade co-
sponsored by the Parks and Recreation Department and the Chamber of Commerce to be
held on December 10, 2011 beginning at approximately 6:00 p.m. to 9:00 p.m., grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from A-1-A to N.W. 5th Avenue for the parade route and set up f rom
approximately 4:00 p.m. to 6:00 p.m., and approve staff support for traf fic control,
security, EMS assistance, barricading, trash removal, clean up, and event signage.
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8.K. SPECIAL EVENT REQUEST/HOWARD ALAN 23RD ANNUAL
DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for
the 23rd Annual Delray Beach Festival of the Arts sponsored by Howar d Alan Events,
Ltd. to be held on January 21-22, 2012 from 10:00 a.m. to 5:00 p.m., granting a
temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way on Atlantic
Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th
Avenue) for vendor parking; authorize staff support for security and traffic control,
barricade assistance, EMS assistance, fire inspection servi ces, and permit an event sign to
be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with
the sponsor paying all overtime costs.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period October 3, 2011 through October 14, 2011.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to LV Superior Landscaping, Inc. in the estimated
annual amount of $33,049.36 for landscape maintenance of
Stormwater Retention Areas. Funding is available from 448-5416-
538.34-90 (Stormwater Utility Fund: Other Operating/Other
Contractual Services).
2. Bid awards to LV Superior Landscaping, Inc. in the amount of
$19,696.94 for Landscape Maintenance of Lake Ida Road
Medians, South Federal Highway and Congress Avenue. Funding
is available from 119-4144-572-46.40 (Beautification Trust Fund:
Repair & Maintenance Services/Beautification Maintenance).
3. Contract award to Intercounty Engineering, Inc. in the amount of
$237,142.00 for construction of a water main upgrade on S.W.
10th Avenue from S.W. 2nd Street to West Atlantic Avenue.
Funding is available from 442-5178-536-68.76 (Water & Sewer
Renewal & Replacement Fund: Improvements Other/S.W. 10th
Avenue Water Main).
4. Contract award to Line-Tec, Inc. in the amount of $70,681.00 for
relocating water services as part of the Osceola Neighbor hood
Redevelopment Plan. Funding is available from 442-5178-536-
65.85 (Water & Sewer Renewal & Replacement Fund: Other
Improvements; Osceola Park).
5. Purchase award to Airgas in the amount of $107,000.00 for
delivery of Liquid Carbon Dioxide (CO2) to be ordered “as
needed”. Funding is available from 441-5122-536-52.21 (Water
and Sewer Fund: Operating Supplies/Chemicals).
6. Purchase award to Otto Waste Systems, as a sole source provider ,
in the amount of $50,000.00 for purchase of hot stamped garbage
carts, lids and wheels to be ordered “as needed”. Funding is
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available from 433-3711-534-49.35 (Sanitation Fund: Other
Current Charges/Cart Renewal & Replacement).
7. Purchase award to Dumont Company, Inc. in the amount of
$51,200.00 for the purchase and delivery of Sodium Hypochlorite
on an “as needed” basis to remote booster station locations.
Funding is available from 441-5123-536-52.21 (Water and Sewer
Fund: Operating Supplies/Chemicals).
8. Purchase award to CDW-Government in the amount of
$346,873.44 and to Emergency Vehicle Supply (EVS) in the
amount of $23,460 for the purchase and installation of sixty-eight
(68) In-Car video systems in police vehicles. Funding is available
from 334-2111-521-64.90 (General Construction Fund:
Machinery/Equipment/Other Machinery/Equipment) and 115-
2112-521-64.90 (Special Projects Fund:
Machinery/Equipment/Other Machinery/Equipment).
Mr. Frankel moved to approve the Consent Agenda, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/THE ELECTRIC
EXPERIENCE: Consider a conditional use request to allow the sale of Segways and
Segway tours along designated routes for The Electric Experienc e located at 1047 East
Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing
rules 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 and all subsequent Quasi-Judicial items.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel, Mrs. Gray and Mayor McDuffie stated they had no ex
parte communications to disclose. Mr. Carney stated he had a bri ef conversation with
Attorney David Schmidt.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-186 into the record.
Mr. Dorling stated this is a conditional use request to establis h a Segway
tours and sales facility known as The Electric Experience. The tours will be operated
solely on the barrier island and extend primarily south of Atlanti c Avenue. The hours of
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operation would be from 9:00 a.m. – 6:00 p.m. Monday through Sunday. Mr. D orling
stated the training is proposed to occur in the parking lot to the rear and briefly described
the tour routes.
At its meeting of September 19, 2011, the Planning and Zoning Boar d
recommended approval with a 6 to 0 vote. The Board expressed concer ns over
homeowner privacy with respect to tour segments through neighborhoods particular East
Road and Vista Del Mar Drive. Mr. Dorling stated it is noted tha t those areas have been
removed from the tours as these tour routes have been modified to addre ss that specific
concern. He stated the Board also had some concern that the business es that utilize the
parking area along the north side of the site be notified that the proposed use would
provide training in that parking lot which may conflict with the pa rking that the lot is
there for. The applicant provided notice to all the affected b usinesses regarding the
proposed use and training within this parking lot. Mr. Dorling stat ed those conditions
proposed by the Planning and Zoning Board are no longer conditions of ap proval because
they have been addressed.
At its meeting of September 8, 2011, the Community Redevelopme nt
Agency (CRA) reviewed the conditional use request and recommended a pproval. At its
meeting of September 12, 2011, the Downtown Development Authority (D DA) reviewed
the conditional use request and recommended approval. Staff recommends a pproval
subject to the five conditions listed on page two of the City Commission documentati on.
David Schmidt, Attorney representing the applicant, stated they do not
have any issues with the staff recommendation or the conditions that would be impos ed.
Mr. Carney noted that the parking lot is being used and asked what would
happen if the applicant were to develop that parking lot. Mr. Schm idt stated his client
primarily does the training in the building or the breezeway and he is trying to avoid
using the parking area if they can.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come f orward at this time.
There being no one from the public who wished to address the Comm ission regarding the
conditional use request, the public hearing was closed.
Dr. Alperin stated one of the conditions of approval is that the S egways be
walked across Atlantic Avenue. Mr. Dorling stated they are not a llowed to go parallel
along Atlantic Avenue whether they are part of a tour or privatel y owned. Dr. Alperin
asked what the logic is that a Segway must be walked across A tlantic Avenue. Mr.
Dorling stated it stems with respect to concerns conflicting w ith other activity on the
Avenue (i.e. seating, sidewalk cafes, etc.).
Mrs. Gray stated the first time she rode a Segway it was difficult for her to
maneuver and believes it is easier to handle by walking it across the stre et.
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Mr. Frankel stated the other operator had specific conditions s uch as they
had to wear reflective vests and other safety things and asked why that was not made part
of this request. Mr. Dorling stated those are conditions in the ove rall ordinance that was
previously adopted. Mr. Frankel stated the Commission had discussed having the tour
guide at all times with the tourists and noted that he sees the group going all the time and
has seen a father and son going back to the shop. Mr. Frankel aske d how this is being
enforced.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Dr. Alperin moved to adopt the Board Order as presented, seconded by
Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor Mc Duffie – Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REQUESTS/BOUERI MIXED-USE BUILDING: Consider
approval of six (6) waiver requests to Land Development Regulati ons (LDR) Section
4.4.13(F)(3) and Section 4.4.13(F)(4), “Principle Uses and Structures Pe rmitted”,
regarding the required building frontage and front setback along S.E. 1st Avenue and
along S.E. 1st Street; Land Development Regulations (LDR) Secti on 4.6.18
(B)(14)(iv)(2), “Windows and Doors”, to reduce the required 75% transparenc y surface
to 49% in the building elevation along S.E. 1st Avenue and to 43% along S.E. 1s t Street;
Land Development Regulations (LDR) Section 5.3.1(D)(3), “Corner Cli p”, to reduce the
required corner clip at the intersection of S.E. 1st Street and S.E. 1st Avenue from 20’ by
20’ to 12’-11” by 12’-11”; Land Development Regulations (LDR) Section 6.1.3(b),
“Additional Paving”, to reduce the required 8’ wide sidewalk along S.E. 1st Avenue and
S.E. 1st Street to 5’ for Boueri Mixed-use Building, located at 104 S.E. 1st Street.
(Quasi-Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-159 into the record.
Mr. Dorling stated this is a request for six waivers for an office building
that is proposed at the corner of S.E. 1 st Avenue and S.E. 1 st Street. He stated two of the
waivers relate to required setbacks that are part of the desi gn guidelines. Mr. Dorling
stated another waiver is to the requirement for transparency or windows along the
streetscape, a waiver for a reduced corner clip, and two w aivers for the sidewalk along 1 st
Avenue and 1 st Street. Mr. Dorling stated the waivers are outlined in the sta ff report and
there are required portions of the building that are required to be at 10 foot and 15 foot as
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you go up. He stated the first request is to allow an increas e of the required front setback
at ten feet from 64.8 feet to 67 feet and to allow a decrease in the remaining p ortion of the
building at 15 feet from 7.2 feet to 5 feet. Mr. Dorling stated t he Design Guidelines
require ins and outs on the building below 25 feet and above 25 feet a nd these waivers
relate to doing that and represent minimum deviations in those setb acks. Mr. Dorling
stated the third waiver relates to the window coverage along 1 st Street and 1 st Avenue and
there is a related reduction along 1 st Avenue is from 75% required to 49% and 1 st Street is
from 75% to 43%. The intent of the transparency is to provide window sho pping
opportunities. Mr. Dorling stated the other piece is a request f or a reduction in the corner
clip from 20 feet to 12 feet 11 inches and the fifth and sixth wai ver are a reduction in the
sidewalks. Mr. Dorling stated the Central Business District (CBD) requires 8 foot
sidewalks and those are appropriate widths and are certain high p edestrian streets but in
other areas it may be appropriate to reduce those to 5 feet.
Mr. Dorling stated these waivers went before the Review Boar ds and in
each case those Boards recommended approval of the waivers being r equested this
evening.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forwar d at this time. There
being no one from the public who wished to address the Commission re garding the
waiver requests, the public hearing was closed.
There was no cross-examination or rebuttal.
Dr. Alperin expressed concern over the impact of this variance.
Mr. Carney stated he likes the looks of the building and feels we need
people to start developing these types of things south of Atla ntic Avenue. Mr. Carney
stated he does not see this as problematic.
The City Manager stated according to the site plan there i s a clear 20 foot
by 20 foot site triangle but we are only requiring a 12 foot by 12 f oot dedication on the
corner clip. Mr. Dorling stated the 20 foot by 20 foot site trian gle is maintained and the
corner clip is being reduced to 12 feet 11 inches and the setbacks are then measured from
the property line. The building is set to provide the clear 20 foot by 20 foot but the
dedication allows for the five foot to occur from the 12 foot 11 inch dedication.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
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9.C. CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION
BOARD’S DECISION/CLASS III SITE PLAN MODIFICATION: Consider an
appeal of the Historic Preservation Board’s denial of the Clas s III site plan modification
request for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing)
9.C.1. CONSIDERATION OF AN APPEAL/ HISTORIC PRESERVATION
BOARD’S DECISION/WAIVER REQUEST: Consider a waiver request to Land
Development Regulations (LDR) Section 4.5.1(E)(3)(b)(2), “Parking ”, for six required
parking spaces for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing)
Dr. Alperin requested that Item 9.C. and Item 9.C.1. not be postponed to
November 1, 2011 because he will not be present to discuss his concerns on this issue .
Mr. Dorling stated he received a telephone call from the At torney for the
applicant and their intent was to meet with staff on November 14, 2011 in anticipation of
resolving some of these issues before the November 15 th meeting.
9.D. REQUEST TO CHALLENGE THE FUNDING MECHANISM
PERTAINING TO PALM BEACH COUNTY’S INSPECTOR GENERAL
PROGRAM: Request authorization to allow the City Attorney to join Delray
Beach with other municipalities in a lawsuit challenging the fundi ng mechanism
pertaining to Palm Beach County’s Inspector General Program.
The City Attorney stated this item is in front of the Commi ssion to allow
the City Attorney’s office to join a lawsuit with other municipa lities to challenge the
funding mechanism for the Inspector General Program. The City At torney stated staff
believes there are certain fallacies in that funding mechanis m and will therefore the City
will be bringing suit against Palm Beach County.
Mr. Frankel complimented the City Attorney on the information Assi stant
City Attorney Terrill Pyburn provided to the Commission. Mr. Fr ankel stated when this
was on the ballot it was not clear that individual City taxpaye rs were going to pay for it.
Mr. Frankel stated he supports the lawsuit.
Dr. Alperin stated it was not made clear but the Commission w as sold on
the idea that it was not going to cost anything.
Mr. Frankel asked how many other municipalities will join Delr ay Beach
in this lawsuit. The City Attorney stated approximately 10 or 11 municipalities will join
Delray Beach in the lawsuit.
Mr. Carney stated he agrees wholeheartedly with comments ex pressed by
Mr. Frankel and Dr. Alperin.
Mayor McDuffie stated this was not represented fairly to t he Commission
or the public when this was on the ballot. He supports the lawsuit as well.
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Mr. Frankel moved to approve the request to challenge the funding
mechanism pertaining to Palm Beach County’s Inspector Genera l Program, seconded by
Mr. Carney. Upon roll the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion
passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND
WELLNESS FESTIVAL: Consider approval and endorsement of a new event, Delray
Beach Twilight Bicycle Race and Wellness Festival, sponsore d by RAC Event
Productions/Swaggerolls to be held on March 9, 2012 from 9:00 a.m. to 11:00 p.m., and
March 10, 2012 from 8:00 a.m. to 11:00 p.m.; grant a temporary use permit per LDR
Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to Railroad Way,
Railroad Way from Atlantic to N.E. 1st Street, N.E. 1st Street from Railroad Way to
Swinton and N.E. 1st Avenue from Old School Square grounds to Atlantic from
approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 10, 2012 for the bike races;
and authorize staff support for traffic control and security, EMS assistance, trash removal
and cleanup, trash boxes and event signage; contingent upon receipt of a non-refundable
deposit in the amount of $2,000.00, copies of signed rental agreements with O ld School
Square and the City for use of Old School Square Park, receipt of a signed and notarized
Hold Harmless Agreement and receipt of a Certificate of Eve nt Liability and Alcohol
Liability Insurance by the dates outlined in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this it em is a request
for the Commission to approve a Special Event Permit Request for an event called the
Delray Beach Twilight Bicycle Race and Wellness Festival held March 9, 2012 from
9:00 a.m. to 11:00 p.m. and March 10, 2012 from 8:00 a.m. to 11:00 p.m. produced by
Swaggerolls. Mr. Barcinski stated the Commission is also requeste d to approve a
temporary use permit for the closure and use of Atlantic Avenue from Swinton Ave nue to
Railroad Way, Railroad Way from Atlantic Avenue to N.E. 1 st Street, N.E. 1 st Street from
Railroad Way to Swinton Avenue and N.E. 1 st Avenue from the Old School Square
grounds to Atlantic Avenue from approximately 4:00 p.m. to 10:00 p.m. on Sa turday,
March 10, 2012 and authorize staff support for traffic control and securi ty, EMS
assistance, trash removal and cleanup, trash boxes and event sig nage. He stated most of
the Wellness Festival is on the site of Old School Square and the p ark would be used for
bicycle staging. Mr. Barcinski stated there will be a food court, beer garden,
health/wellness vendors, and entertainment. He stated the City ha s met with the event
producers, City staff, and the DDA staff to talk about this event and how it might benefit
the City and to work out various issues. The DDA expressed concern ove r the street
closure on a Saturday but then staff discussed promotional things tha t the event producer
would do with the restaurants and other businesses. The estimated cost for overtime is
$14,700.00; $250.00 for signage; $350.00 for trash boxes; $2,000.00 for the Old School
Square Park rental for a total of $17,300.00. Mr. Barcinski stated the e vent producer is
responsible for payment of 100% of all of these costs. Staff re commends approval
subject to the following conditions: (1) receipt of a non-refundable deposit in the amount
of $2,000 by February 7, 2012, (2) receipt of a Certificate of Event L iability and Alcohol
Liability Insurance by February 19, 2012, (3) Receipt of a signe d and notarized Hold
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Harmless Agreement by February 19, 2012, (4) Copies of signed re ntal agreements with
Old School Square and the City for use of Old School Square Park by February 25, 2012.
Mr. Barcinski stated in the schedule of events there is mention of a 5K race that is not
part of this approval.
Chelsea Midlarsky, Delray Beach resident and Event Requestor,
stated there are other cities that have held this event and feels this will help showcase
Delray Beach. Ms. Midlarsky stated this is a national serie s and there is going to be real
professional cyclists that are going to have their kick-off eve nt in Delray Beach. She
stated they will give all the hotels and restaurants packets e xplaining how they can
maximize their revenue on that day.
Mr. Frankel stated anything with health/wellness and sports i s great and
asked if the Downtown Development Authority has any concerns. Mr. Ba rcinski stated
originally there was a concern about moving the event until aft er the Delray Affair but
this was worked out.
Mrs. Gray asked if this event could extend past Swinton Avenue in f ront
of Doc’s and Nature’s Way Café. Ms. Midlarsky stated this is exactly 1K and they have
looked at all the other locations and that was the best one.
Mr. Carney stated we have a lot of active cyclists in this County and he
feels this is a great event that will also help promote other events.
Dr. Alperin expressed concern over the closing of the streets.
Mayor McDuffie stated this sounds like a great idea.
Mr. Carney moved to approve the special event permit subjec t to the four
(4) conditions set forth on page two of the City Commission memo, sec onded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mrs. Gr ay – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
9.F. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION,
INC.: Consider approval of a bid award to Randolph and D ewdney Construction, Inc., in
the amount of $456,710.00 for renovations to the Po mpey Park Concession Stand. Funding
is available from 334-4127-572-62.10 (General Const ruction Fund/ Pompey Park
Concession Stand). (ADDENDUM)
Mr. Carney moved to approve to postpone indefinitely, seconded by Mr .
Frankel.
Mr. Carney stated traditionally when other sources of funds are going to
be used by the City as a component to the City spending money we have waited until the
secondary funding source has already signed their Interlocal Agre ement with the City.
He stated the City initially established that we would pay for Phase I together with the
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windows and that if Phase II was going to happen it would be paid f or by the CRA. Mr.
Carney stated the CRA considered it at their last meeting and came back with a sum
certain of up to $200,000.00 that they would pay. Mr. Carney stated that means there is a
shortfall under the Phase I dollars already and it does not address any change orders that
may occur because the CRA is capped at their $200,000.00. Mr. Carney suggested that if
the Commission is going to support this, that they wait until the y have the agreement in
place defining that in fact the City is paying for Phase I and the CRA is paying for Phase
II, and if there are change orders related to Phase II, that is their obligation to pay and not
the City’s. Mr. Carney stated if the Commission passes this tonight then they have
agreed to pay the $456,000.00 and if the CRA only gives the City $200,000.00 the Ci ty
now has the burden for all of those additional costs.
Dr. Alperin stated the Commission was looking for assistance f rom the
CRA to complete the project not to fund the entire Phase II. Dr. Alperin stated he never
agreed to phase it and feels the reason for the delay was to see if the CRA would come up
with some assistance to help the City. Dr. Alperin stated the Commission did not ask for
Phase II but his understanding is that the Commission asked the CR A to come up with
$200,000.00. Dr. Alperin stated he does not support any further delay wit h this project
because he feels it should be completed. He stated delaying t he project will not make
change orders go away but may make them more expensive.
Mrs. Gray concurs with Dr. Alperin that this project is w ell overdue and
supports moving forward with this project.
Mr. Frankel concurs with comments expressed by the rest of the
Commission. He stated the initial budget was $218,000.00 and we have a l ow bid of
$456,710.00. Mr. Frankel stated this is not close to the original budget but is over double
the original budget amount. He stated he agrees that improvement s have to be made;
however, he is concerned that the amount is over double the origi nal budget because with
change orders it could be $500,000.00 by the time it is done.
Mrs. Gray stated the City budgeted $218,000.00 in fiscal year 2010-2011
budget and staff will be looking at Phase II in the 2011-2012 budget; thos e dollars have
been found.
Mr. Carney stated the understanding was that the City was going to pay
for Phase I to pay for the bathrooms, kitchen, windows, and roof and the e stimate was
$233,000.00 excluding the windows. Mr. Carney stated the additional costs we re solely
attributable to the enhancement and enlargement of the existing second floor area and the
construction of an ADA compliant elevator. He stated the bathrooms need to be redone
and the question is whether or not the second floor needs to be redone to the extent of
expanding it. Mr. Carney stated his motion had to do with Phase I a nd sending it back to
the CRA to see if they wanted to be responsible for the costs associated with Phase II.
Mr. Carney stated he was not asking the CRA for assistance b ut he was asking the CRA
to pay for it.
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Brief discussion followed between Commissioner Gray and Commissioner
Carney.
The City Manager stated with impact windows Phase I would be
$248,000.00.
Richard Hasko, Director of Environmental Services, clarified tha t the
$200,000.00 represented the CRA’s budget for those two parks projects goi ng back to the
first time we asked them.
At this point, Mr. Carney withdrew his first motion.
Mr. Carney moved to approve the bid award with Dewdney Construction,
Inc. subject to entering into an Interlocal Agreement providing f unds of up to
$200,000.00 with the Community Redevelopment Agency (CRA), seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – No; Mrs. Gray – Yes. Said motion
passed with a 4 to 1 vote, Commissioner Frankel dissenting.
At this point, the time being 7:17 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 36-11 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately initiated amendment to the Land Development
Regulations (LDR) Section 4.4.9. (B), “Principle Uses and Structures Permitted”, and
Section 4.4.13 (B), “Principal Uses and Structures Permitted”, to cl arify that bicycles
with an electric helper motor are the only motorized equipment permitted in t he “rental of
sporting goods and equipment” use category.
The caption of Ordinance No. 36-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9 “GENERAL
COMMERCIAL (GC) DISTRICT”, SUBSECTION
4.4.9(B), “PRINCIPAL USES AND STRUCTURES
PERMITTED”; AND SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED";
TO CLARIFY THAT BICYCLES WITH AN ELECTRIC-
HELPER MOTOR ARE THE ONLY MOTORIZED
EQUIPMENT PERMITTED IN THE “RENTAL OF
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SPORTING GOODS AND EQUIPMENT” USE
CATEGORY WITHIN THE GC AND CBD ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a
privately-initiated text amendment to the GC (General Commerc ial) and CBD (Central
Business District) zoning districts to clarify that bicycles with a n electric helper motor are
the only motorized equipment permitted in the “rental of sporting g oods equipment” use
category. The proposed text amendment is related to the esta blishment of the electric
experience at 1047 East Atlantic Avenue. Mr. Dorling stated thi s business wants to rent
bicycles that have electric helper motors to the general pu blic at this site. The current
rental of sporting goods and equipment category is limited to non-motori zed goods and
equipment. Therefore, Mr. Dorling stated the rental of motorized sp orting goods is not
currently allowed in the GC or CBD. This applicant is proposing this amendment to
allow motorized bicycles to be rented as part of that categor y. There is a subsequent
modification to the Code of Ordinances definition of “bicycle” to also amend it t o include
the electric helper motor version of bicycles that is consistent with S tate Statute.
At its meeting of September 8, 2011, the Community Redevelopme nt
Agency (CRA) reviewed this item and recommended approval; at its meeting of
September 12, 2011, the Downtown Development Authority (DDA) recommende d
approval; and, at its meeting of September 13, 2011, the West Atla ntic Redevelopment
Coalition (WARC) recommended approval; at its meeting of Sept ember 19, 2011, the
Planning and Zoning Board recommended approval with a 6 to 1 vote; at i ts meeting of
October 4, 2011, the City Commission considered this ordinance and recomme nded
approval to move it to second reading.
David Schmidt, Attorney representing the applicant, stated one of the
concerns about this issue is proliferation of electric bikes b eing rented and that Delray
Beach is going to be turned into Key West. Mr. Schmidt stated the City currently has a
restriction in the CBD (Central Business District) under LDR Section 4.4.13(H)(8) which
limits rental of sporting goods and equipment to no more than one busines s renting a
specific category of item every 300 feet which is the same limitation the City has on
Segways. He stated currently the definition includes mopeds. Mr. Schmidt stated the
State Statute has a specific definition for moped which is dif ferent than the definition of
bicycle. Mr. Schmidt stated there is also a concern about scoote rs and this really falls
under the definition of a motorcycle and requires a plate, etc.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 36-11,
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the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 36-11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 39-11: Consider an amendment to the Code of
Ordinance Section 72.02, “Definitions,” to conform to the State Statute definition of a
bicycle and to place further limitations on motorized bicycles.
The caption of Ordinance No. 39-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 72, “BICYCLES”, OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 72.02,
“DEFINITION”, TO CONFORM WITH STATE
STATUTE DEFINITION OF BICYCLE AND TO PLACE
FURTHER LIMITATIONS ON MOTORIZED
BICYCLES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 39-11 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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City-
initiated text amendment to the City’s Code of Ordinances Section 72.02 to modify the
current definition of bicycle to conform to the State Statutes bi cycle definition which
includes the electric helper motor version.
At its meeting of October 4, 2011, the City Commission considered the
ordinance and recommended approval on first reading.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 39-11,
the public hearing was closed.
Dr. Alperin stated we are still calling a bicycle a thr ee wheeler or a
tricycle a bicycle. Mr. Dorling stated the States definiti on of bicycle would incorporate
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the tricycle.
Mr. Frankel moved to adopt Ordinance No. 39-11 on Second and FINAL
Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor Mc Duffie – Yes; Mr. Carney
– Yes. Said motion passed with a 5 to 0 vote.
10.C. RESOLUTION NO. 43-11/CONTRACT FOR SALE AND
PURCHASE/2216 N.E. 3RD AVENUE: Consider approval of Resolution No. 46-11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 2216 N.E. 3rd Avenue to t he Delray Beach
Community Land Trust for the amount of $10.00.
The caption of Resolution No. 43-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 43-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Lula Butler, Director of Community Improvement, stated Resolution No.
43-11 is the approval of the transfer of the sale of property t o the Community Land Trust
(CLT) and the property address is 2216 N.E. 3 rd Avenue. She stated the City entered into
an agreement with the CLT for disposition of properties acquir ed under the
Neighborhood Stabilization Program (NSP) Program in July 2010. Mrs . Butler stated
that agreement was amended again on September 21, 2010. The CLT is required to resell
the unit and they keep the value of the land. The balance of the proceeds from the sale of
the property comes back to the City to be reinvested into the N SP Program. Mrs. Butler
stated based on the appraised value the City will make approxima tely $95,000.00 from
the sale of this house. Staff recommends approval of the transf er of the property address
2216 N.W. 3 rd Avenue to the Delray Beach CLT under the NSP Program as require d by
the City’s regulations.
Mayor McDuffie declared the public hearing open.
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10/18/11
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, stated not only does the sale of this property return approxima tely $95,000.00 to
the City it keeps the property on the tax roll. She stated there are over 4,000 properties in
the City of Delray Beach that pay no real estate taxes. Ms. Morrison stated this is a great
program and recommends that the Commission endorse it.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 43-11, the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 43-11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Fra nkel – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion
passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 44-11/ CONTRACT FOR SALE AND
PURCHASE/310 SOUTHRIDGE ROAD: Consider approval of Resolution No. 44-11,
a contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 310 Southridge Road to t he Delray Beach
Community Land Trust for the amount of $10.00.
The caption of Resolution No. 44-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 44-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Lula Butler, Director of Community Improvement, stated this item is to
transfer one property addressed as 310 Southridge Road to the Communi ty Land Trust
(CLT) under the same program. Mrs. Butler stated the CLT is r equired to sell this
property to an eligible household whose income does not exceed 120% of t he Area
Median Income (AMI) as defined by HUD. Mrs. Butler stated the City expects
approximately $65,000.00 to be reinvested in the NSP Program. Staff recommends the
sale and transfer of 310 Southridge Road to the CLT for the benefit of a local eligible
household member.
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Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, stated not only does the sale of this property return approxima tely $65,000.00 to
the City it keeps the property on the tax roll. She stated there are over 4,000 properties in
the City of Delray Beach that pay no real estate taxes. Ms. Morrison stated this is a great
program and recommends that the Commission endorse it.
There being no one from the public who wished to address the
Commission regarding Resolution No. 44-11, the public hearing was closed.
Mrs. Gray moved to approve Resolution No. 44-11, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mrs. Gr ay – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 45-11/ CONTRACT FOR SALE AND
PURCHASE/518 S.W. 9TH COURT: Consider approval of Resolution No. 45-11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 518 S.W. 9th Court to t he Delray Beach
Housing Group, Inc. for the amount of $10.00.
The caption of Resolution No. 45-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 45-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Lula Butler, Director of Community Improvement, stated staff r equests
approval to donate one property acquired under the NSP Program and the address is
located at 518 S.W. 9 th Court to the Delray Housing Group which is a non-profit arm of
the Delray Beach Housing Authority for the benefit and rental of t he unit to a household
at or below 50% of the Area Median Income (AMI). Mrs. Butler stated the City has
entered into the agreement with the Delray Beach Housing Authority for rental housing
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10/18/11
under the NSP Program. The NSP Program requires that $500,000.00 of the $1.9 m illion
that was awarded to the City go back to the Delray Beach Housi ng Authority for the total
value of properties to be rented for a period of twenty (20) ye ars to eligible households.
Staff recommends the transfer of this property to the Delray Beach Housing Group
pursuant to the agreement.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL,
33483, asked if this takes the property off the tax roll and if it is going to be donated to
the Delray Beach Housing Authority. Mrs. Butler stated this is correct. For the record,
Ms. Morrison stated that removes approximately $1,781 from the tax rol ls in real estate
taxes for the next 20 years and if it went into the Community Land Trust that would not
happen.
There being no one from the public who wished to address the
Commission regarding Resolution No. 45-11, the public hearing was closed.
Mayor McDuffie inquired if there is mandatory requirements t hat
$500,000.00 of that money has to go into rental property. Mayor McDuffi e stated this is
unfortunate for the tax receipts but mandatory. Mrs. Butler sta ted this is correct but what
you do get is a 20 year affordable rental project for a very low income family in return.
The proceeds of the rent go to the Housing Authority and they are r equired to report on
any program income, responsible for the upkeep, managing and staffing o f it.
Mrs. Gray moved to approve Resolution No. 45-11, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion
passed with a 5 to 0 vote.
10.F. RESOLUTION NO. 46-11/CONTRACT FOR SALE AND
PURCHASE/1505 S.W. 3RD COURT: Consider approval of Resolution No. 46-11, a
contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 1505 S.W. 3rd Court to t he Delray Beach
Housing Group, Inc. for the amount of $10.00.
The caption of Resolution No. 46-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
20
10/18/11
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 46-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Lula Butler, Director of Community Improvement, stated Resolution No.
46-11 is requesting permission to donate a property addressed at 1505 S .W. 3 rd Court to
the Delray Beach Housing Group a non-profit arm of the Delra y Beach Housing
Authority for the rental of a household whose income does not exceed 50% of the Area
Median Income (AMI). Mrs. Butler stated this is going to be transferr ed to them and they
have to maintain it as a rental unit for the next 20 years.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding R esolution No. 46-11,
the public hearing was closed.
Mr. Carney asked if we keep track of the values we give to the Delray
Housing Group and how much of the $500,000.00 have we contributed. In response,
Mrs. Butler stated the City has contributed a little over $400,000.00.
Dr. Alperin asked who owns this property and the previous proper ty. Mrs.
Butler stated the City owns these properties at this time.
Mr. Carney moved to approve Resolution No. 46-11, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carne y – Yes; Dr. Alperin –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Y es. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:33 p.m., the Commission moved to Item
11, City Manager’s response to prior public comments and inquiries.
11.A. City Manager’s response to prior public comments and inquiries.
None.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, FL, 33445, stated she sent
the Commission an email about the parking at the Milagro Center . She expressed
concern that the staff has five spaces against the sidewalk and these are permanent and
are effectively blocking the sidewalk and the parent drop off i s across from the drive isle.
She stated when they get out of the car they have to walk around the car into the drive
isle to get their child out of the car and then they have to walk ac ross the drive isle to get
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10/18/11
up to the sidewalk up to the building. Mrs. Finst suggested that the parent parking be up
by the building by the sidewalk so when they get out of the car they walk ar ound and they
step on the sidewalk, get their child, close the car door and walk ba ck onto the sidewalk.
She stated it would be a much safer situation.
11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach), thanked Commissioner Frankel for continually keeping in mind the sacr ifices
that the Police, Fire, and non-uniform employees made by giving up millions of dollars.
Dr. Kirson stated for everyone to keep this in mind when spending taxpayers’ dolla rs.
11.B.3. Rose Hendrix, P.O. Box 6162, Delray Beach, FL 33482, stated she was
present on September 20, 2011 asking the City Manager to intervene on a situation where
Tonya Smith filed a false police report on her indicating that Ms. Hendrix was upset that
Ms. Smith had to discipline her child who was attending the Community Center Afterc are
Program.
The City Manager stated this is a private dispute between Ms. Hend rix and
Ms. Smith and they have to work it all through the legal system. The City Manager
stated this does not involve the City.
At this point, the time being 7:41 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 37-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.5.3, “Flood Damage Control
Districts”, Subsection (D) “Construction Standards”, to modify the section while
maintaining compliance with State Statutes. If passed, a publ ic hearing will be held on
November 1, 2011.
The caption of Ordinance No. 37-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.5.3, “FLOOD DAMAGE
CONTROL DISTRICTS”, SUBSECTION (D)
“CONSTRUCTION STANDARDS”, TO MODIFY THE
SECTION WHILE MAINTAINING COMPLIANCE
WITH STATE STATUTES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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10/18/11
(The official copy of Ordinance No. 37-11 is on file in the City Clerk’s
office.)
Mayor McDuffie stated that staff requested that Item 12.A., Ordinance No.
37-11 be removed from the Agenda.
Mr. Frankel moved to remove Ordinance No. 37-11 from the Agenda,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 38-11: Consider an annexation (via the provisions of
the executed Agreement for Water Service and Consent to Annexation) with initial City
zoning of CF (Community Facilities) for Lago Vista, located at t he southeast corner of
Linton Boulevard and the LWDD E-3 Canal. If passed, a public hearin g will be held on
November 1, 2011.
The caption of Ordinance No. 38-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED AT THE SOUTHEAST
CORNER OF LINTON BOULEVARD AND LWDD E-3
CANAL, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO
COMMUNITY FACILITIES (CF); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this ite m is
for the Commission to approve a City-initiated annexation (via the provisions of an
executed Water Service Agreement) of the “Lago Vista” proper ty and initial zoning of
CF (Community Facilities) for a 6.12 acre site located on the sout h side of Linton
Boulevard west of the Delray Medical Center (Delray Hospital ) and east of Canal E-3.
Mr. Dorling stated this contains a 44,514 square foot nursing home with 120 uni ts built in
1984. The annexation agreement was part of a modified water servic e agreement that
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10/18/11
was executed in March 1999 and that agreement covered the annexation of several
parcels including the shopping center, the hospital and another pi ece. The associated
land use amendment will be considered along with this ordinance when it comes to
second reading.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this item and recommended approval at that time. Staf f recommends
approval.
Dr. Alperin moved to approve Ordinance No. 38-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:45 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items from the Cit y Manager, City
Attorney, and City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated the Florida League of Cities has voted to rebate
25% of their dues from last year.
Secondly, the City Manager stated he attended the Alliance For Innovati on
Big Ideas Conference and they discussed three different subjec ts; creating place both in
the physical sense and in social places for people to inter act, where the next generation of
municipal employees will come from, what the new social contra ct will be between cities
and their employees, and service delivery and what services pe ople will expect in the
future and how we might deliver them. The City Manager stated papers where prepared
by different university professors about what may happen in the fut ure to cities and it was
very useful as well as the tidbits that we can implement in improving our own s ervices.
Lastly, the City Manager stated there is a Resolution in Congr ess
introduced by Representative Hastings, Representative West, and R epresentative Deutsch
commemorating the City’s 100 th Centennial. The City Manager stated there was also an
entry into the Congressional Record by Representative Hastings a nd this will be
displayed in the appropriate location.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
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10/18/11
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel stated there was an event last Friday night at Old School
Square where they had a concert and food trucks and he has recei ved numerous
compliments on this event. He stated it was well attended and greatly run.
Secondly, Mr. Frankel stated approximately a year ago the Comm ission
had discussed the Elections and some of the topics were signatures that were required, a
referendum on the ballot, and changing potentially a term from t wo years to three years
saving a city-wide Election at a large cost every third year. Mr. Frankel suggested that
the Commission place this on the November 8 th Workshop Meeting.
13.C.2. Mrs. Gray
Mrs. Gray stated now that we are members of the National Le ague of
Cities again she would like an update on the prescription drug program.
Secondly, Mrs. Gray stated the Net Ball Competition at Pompe y Park was
a great success and there were teams from Jamaica, New Ze aland, Texas, Fort
Lauderdale, Miami and a group of local children. Mrs. Gray thank ed Abbey Murrell and
staff for all their hard work and stated over 200 people were in and out of Pompey Park
all day and they also visited the downtown area.
Mrs. Gray thanked everyone for the reconsideration of the Pompey Pa rk
Concession Stand.
Lastly, Mrs. Gray stated she received a complaint about the fencing along
the cemetery and Auburn Trace. She stated the fence is down and people are walking
back and forth through the cemetery.
13.C.3. Mr. Carney
Mr. Carney had no comments or inquiries on non-agenda items.
13.C.4. Dr. Alperin
Dr. Alperin stated he attended a few board meetings and feels we need to
educate our Board members on what the term “All-America City ” means so they do not
misrepresent what we are and what it means. In addition, Dr. Alp erin suggested that
Roberts Rules be enforced at these meetings because he stat ed it would help the meetings
to move a little quicker and stay on task.
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10/18/11
13.C.5. Mayor McDuffie
Mayor McDuffie stated he attended the concert event at Old Sc hool
Square and the food was excellent and it was a terrific event.
Secondly, Mayor McDuffie commented about the Net Ball Competition.
Mayor McDuffie stated he and Mr. Dorling attended a Roundtable wi th
Congressman Allen West and the U.S. Army Corps of Engineers and the City’s
reimbursement from the Federal Government on Beach Renourishment (roughly $5
million) is gone. Mayor McDuffie stated it will not be availa ble to the City of Delray
Beach this year and they are even questioning whether it will b e available next year. He
stated about 45% of the money comes from the State and County. Mayor McDuffie
stated the Corps of Engineers got everybody from the top of P alm Beach County through
Dade County and they are putting some of the port projects that they had in these ports
through here on hold as well. He stated there was also some discuss ion about the Hubert
Hoover Dike around Lake Okeechobee as well.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 7:57 p.m.
__________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
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 Meeti ng held
on October 18, 2011, which Minutes were formally approved and adopted by the City
Commission on ________________________.
__________________________________________________
City Clerk
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10/18/11
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 wil l become the official
Minutes only after review and approval which may involve some amendme nts, additions
or deletions as set forth above.
City Commission Meeting on October 18, 2011; Item 9.A .
City Commission Meeting on October 18, 2011; Item 9.A .
City Commission Meeting on October 18, 2011; Item 9.A .
City Commission Meeting on October 18, 2011; Item 9.A .
City Commission Meeting on October 18, 2011; Item 9.B.
City Commission Meeting on October 18, 2011; Item 9.B.
City Commission Meeting on October 18, 2011; Item 9.B.
City Commission Meeting on October 18, 2011; Item 9.B.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 6.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
FAMILIES READING TOGETHER MONTH PROCLAMATION
ITEM BEFORE COMMISSION
As part of the Mayor's Reading Initiative, the Delr ay Beach Education Board, in partnership with the
Delray Beach Public Library, will be hosting its 6t h annual "Families Reading Together" program on
November 7 at 6:00pm at the Delray Beach Public Lib rary. The Mayor will be the celebrity reader and
the featured book this year is entitled, Book! Book ! Book!
WHEREAS, the City of Delray Beach recognizes the power of f amily
literacy and the importance of children and parents reading and learning
together; and
WHEREAS, family literacy activities throughout the year are beneficial
to all ages and encourage life long learning opport unities; and
WHEREAS, community leaders, educators, policy makers, busin esses,
parents, and volunteers are encouraged to work toge ther to raise awareness
of family literacy and ensure that all children an d adults have a fair, equal,
and significant opportunity to learn ; and
WHEREAS, The City of Delray Beach is proud to promote liter acy in the
month of November as part of the Countywide Familie s Reading Together
program and in support of the Mayor’s Literacy Part nership, entitled “Delray
Beach…. Get Caught Reading”, and
WHEREAS, Delray Beach is a place where everyone is encourag ed to
read and literacy is a core value in the community.
NOW, THEREFORE, I NELSON S. McDUFFIE, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commis sion and the Citizens of
Delray Beach, do hereby proclaim November 2011 as:
Delray Beach Delray Beach Delray Beach Delray Beach
Families Reading Together Families Reading Together Families Reading Together Families Reading Together Month Month Month Month
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 1 st day of
November 2011.
________________________________________________________________________________________________________
NELSON S. McDUFFIE
MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
Bruce Koeser, Human Resources Director
THROUGH:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
S.P.I.R.I.T QUARTERLY AWARDS
ITEM BEFORE COMMISSION
The item before the City Commission is the recognit ion of two (2) quarterly winners chosen by the
SPIRIT Committee for their service, performance, in tegrity, responsibility, innovation, and teamwork.
BACKGROUND
The City of Delray Beach implemented the SPIRIT Qua rterly Award Program in April 2006. The main
objective of the SPIRIT Program is to award the eff orts of employees who provide outstanding quality
service to our City.
Winners selected by the SPIRIT Committee for the la st quarter are:
Amy Alvarez, Planning and Zoning Department; Jennif er Buce will present the award.
Michael Vinci, Planning and Zoning Department; Sylv ia Cooper will present the award.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tracie M. Lutchmansingh, P.E., Assistant City Engineer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
REQUEST FOR SIDEWALK DEFERRAL /106 SEA LANE
ITEM BEFORE COMMISSION
The item before Commission is consideration of a si dewalk deferral along Lowry Street for property
located at 106 Sea Lane.
BACKGROUND
106 Sea Lane is the address allocated to the first lot at Seaside Subdivision. This subdivision is loc ated
on the north side of Lowry Street between Seabreeze Avenue and Andrews Avenue in Ocean Breeze
Estates. It will consists of four lots each with a 2-story single family residence. Sea Lane will be a
private street that intersects Lowry Street on the north and terminates as a cul-de-sac within the
subdivision.
Currently, there are no plans to install a sidewalk along Lowry Street. Sidewalk deferral for Lowry
Street was supported at the March 24, 2011 DSMG mee ting.
RECOMMENDATION
Staff recommends approval of sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Harold Bellinger, Streets/Traffic Superintende nt
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:October 10, 2011
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ACCEPTANCE OF A STORMWATER EASEMENT DEED/401 S.W. 10T H STREET
ITEM BEFORE COMMISSION
Acceptance of a Stormwater Easement Deed for proper ty located at 401 SW 10th Street, Delray Beach,
Florida.
BACKGROUND
A storm water catch basin was installed on the priv ate property and connected to the City’s system in
the early ‘90’s (1991/1992) with an intersection improvement cons truction project which resulted in
raising the R/W grade above the property elevation, thereby creating a ponding issue. An easement to
cover the improvement was never acquired.
The easement is required so that City Crews can mai ntain the stormwater drainage system.
RECOMMENDATION
Staff recommends acceptance of the stormwater ease ment deed.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Kevin Rumell, Fleet Maintenance Superintendent
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
AMENDMENT NO. 3 TO THE AGREEMENT/GOVDEALS, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve Amend ment No. 3 to the existing agreement with
GovDeals for the online auction sale of surplus Cit y vehicles and equipment.
BACKGROUND
The proposed amendment extends our existing agreeme nt with Govdeals for a period of 24 months, as
outlined in the attached amendment proposal, to pro vide a continued source for the disposition and
sale of retired City vehicles and assets. This venu e has proven to be profitable and has provided a
valuable revenue stream from the return on these sa les as is shown in the attached list of sales.
RECOMMENDATION
The Fleet Maintenance Department recommends approva l of Amendment No. 3.
AMENDMENT NO. 3 TO THE AGREEMENT WITH GOVDEALS
THIS AMENDMENT NO. 3 to the Agreement with GovDeals dated November 11,
2008 is entered into by and between the CITY OF DELRAY BEACH, FLORIDA (“City”)
and GOVDEALS, INC. (“GovDeals”) on this ____ day of November, 2011.
W I T N E S S E T H:
WHEREAS , the City and GovDeals covenant and agree to amend and modify
the Agreement entered into on November 11, 2008, Am endment No. 1 entered into on
September 21, 2009, and Amendment No. 2 entered int o on November 8, 2009, in
order to provide an extension of time.
NOW, THEREFORE , in consideration of the mutual covenants, stipulation s and
agreements herein contained, the parties agree as foll ows:
1. The recitations referred to above are hereby incor porated herein.
2. The term of the agreement is extended for a 2-ye ar period until November
11, 2013.
3. All other terms and conditions of the Agreement da ted November 11,
2008, Amendment No. 1 dated September 21, 2009, and Amendment No. 2 dated
November 8, 2009 not in conflict with this Addendum sha ll remain in full force and effect
and are incorporated herein.
2
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
______________________________ By:_____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Legal Form
and Sufficiency:
_______________________________
City Attorney
WITNESSES: GOVDEALS, INC.
_______________________________ By:_____________________________
Print Name:______________________ Print Name:______________________
Title:____________________________
_______________________________
Print Name:______________________
STATE OF FLORIDA
COUNTY OF _________________
The foregoing instrument was acknowledged before me th is ____ day of
______________, 2011, by ___________________________ (name of officer or agent,
title of officer or agent) of __________________________ (name of corporation
acknowledging), a _________________ (state or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
________________________ (type of identification) as identification and did (did not)
take an oath.
________________________________
Signature of Notary Public - State
of Florida
City of Delray Beach
GovDeals Auction Sales
October 2009 through October 2011
Equipment & Vehicle Disposal Chart - GovDeals.Com
Vehicle #FA #DescriptionSeller Certificate #Sales PriceDate SoldBuyer's NameLocation
389163742000 Chevy Cavalier86-1001091900-2052$2,2701-O ct-2009Roger NeidighCape Coral, Fl.
1050N/A2000 Lincoln Navigator87-1012091930-2052$6,2001 2-Oct-2009Michelle HudsonHouston, Tx.
1106167522001 Ford Taurus88-1113091900-2052$80913-Nov-2 009Steven JohnstonNorth Port, Fl.
665123431997 Ford Crown Victoria89-1115091900-2052$1,01 815-Nov-2009Roger NeidighCape Coral, Fl.
381123451997 Chevy Cavalier90-1211091900-2052$1,53011 -Dec-2009Roger NeidighCape Coral, Fl.
223164182000 Chevy S-10 Pickup91-1211091905-2052$3,00011 -Dec-2009Patricia WolfFleming Island, Fl.
382164132000 Chevy S-10 Pickup92-1211091910-2052$2,25011 -Dec-2009Barry VinsonSacramento, Ky.
206120531996 Chevy Cavalier93-1211091915-2052$1,37011 -Dec-2009Roger NeidighCape Coral, Fl.
399163772000 Chevy Cavalier94-1211091920-2052$2,26711 -Dec-2009Roger NeidighCape Coral, Fl.
CG-SE032 / 1N/A(4) Goodyear Truck Tires - New95-1211091925 -2052$61011-Dec-2009Oscar YeroMiami, Fl.
CG-SE032 / 2N/A(4) Goodyear Truck Tires - Used96-121109192 5-2052$25611-Dec-2009Oscar YeroMiami, Fl.
CG-SE032 / 3N/A(2) Goodyear Truck Tires - New97-1211091930 -2052$36511-Dec-2009Oscar YeroMiami, Fl.
RetractedN/A(2) Goodyear Truck Tires - UsedNO SALE-RETRACTED$0N/AN/AN/A
CG-SE032 / 4N/A(4) Goodyear Truck Tires - Used99-121109193 5-2052$35511-Dec-2009Oscar YeroMiami, Fl.
CG-SE032 / 5N/A(1) Goodyear Truck Tire - New100-1211091935 -2052$17511-Dec-2009Doug MarcumOcala, Fl.
CG-SE033/1N/A(4) Accu Ride Wheels101-1226091900-2052$10526 -Dec-2009Barry ChinKingston, Jamaica
CG-SE033/2N/A(4) Accu Ride Wheels102-1226091905-2052$10026 -Dec-2009Dick WilliamsFt. Myers, Fl.
CG-SE033/3N/A(8) Accu Ride Wheels103-1226091910-2052$20226 -Dec-2009Barry ChinKingston, Jamaica
CG-SE033/4N/A(6) Accu Ride Wheels104-1226091915-2052$10326 -Dec-2009Barry ChinKingston, Jamaica
CG-SE034/1N/A(4) Chrome Rear Wheel Covers105-1226091920-20 52$12026-Dec-2009John MolloyNewfoundland, Canada
CG-SE034/2N/A(8) Chrome Front Wheel Covers 106-1226091925-2 052$21126-Dec-2009John MolloyNewfoundland, Canada
CG-SE035N/A(10) Used Alternators107-1226091930-2052$10526-Dec -2009Alasa BraimahOmaha, Nebraska
CG-SE036N/A(2) Floor Jacks and (1) Bench Grinder108-1226091 935-2052$5026-Dec-2009Robert HortaMiami, Fl.
CG-SE037N/A(3) Strobe Power Supplys109-1226091940-2052$5026-Dec -2009David HayLouisville, Kentucky
CG-SE038N/AMisc. Filters and Parts110-0102101905-2052$1252-Ja n-2010Scott SkeltonWauchula, Fl.
467116491997 Chevy S-10 Pickup111-0102101900-2052$1,8602 -Jan-2010Patricia LeeDuncan, S.C.
1231170172002 Ford Crown Vic Police Interceptor112-03011 01900-2052$2,7601-Mar-2010Jon MinnihanMcDonough, Ga.
412166031989 Rawhide Trailer113-0301101905-2052$2591-Ma r-2010Larry MeyersHudson, Fl.
1105167962001 Ford Crown Vic Police Interceptor114-03011 01915-2052$2,1401-Mar-2010Mark LabbeLincoln, R.I.
1601178112006 Ford Crown Vic Police Interceptor115-03221 01900-2052$71122-Mar-2010George LopezMiami, Fl.
1306170502003 Ford Crown Vic Police Interceptor116-03221 01905-2052$3,09922-Mar-2010Giovanny PereyraDoral, Fl.
386167042001 Chevy Cavalier117-0322101910-2052$2,0602 2-Mar-2010Roger NeidighCape Coral, Fl.
387120301996 Chevy Lumina118-0108111900-2052$9018-Jan-2 011Robert MurrayGuyton, Ga.
CG-SE039/1N/AGrand Lift 119-0322101920-2052$73522-Mar-2010Dennis JonesWhittier, N.C.
CG-SE039/2N/AGrand Lift 120-0322101925-2052$76622-Mar-2010Don WalkerJonesborough , Tn.
CG-SE039/3N/AGrand Lift 121-0322101930-2052$75022-Mar-2010Frank BrownHertford, N.C .
CG-SE04016144Hougaard Lift122-0323101900-2052$69022-Mar-2010 Frank BrownHertford, N.C.
1012181842000 GEM Electric Car123-0324101900-2052$2,31024 -Mar-2010Mark ThiessenChihuahua, Mexico
CG-SE042N/ANova Strobe Lights125-0323101910-2052$18223-Mar-201 0Jimmy MullinsWise, Va.
740128271998 Ford E-350 15-Pass. Van126-0423101900-2052$4,21923-Apr-2010Jeffrey CohenFt. Lauderdale, Fl.
1328173062003 Ford Crown Vic Police Interceptor127-04231 01905-2052$93823-Apr-2010Shaddy AshousHollywood, Fl.
1214181832002 Harley Davidson FLH128-0423101910-2052$4,77623-Apr-2010Harry RosenthalJackson, MS.
768150022004 Emerson Trailer129-0423101915-2052$58123-A pr-2010Michael MeyersEdgewater, Fl.
1117167482001 Ford Taurus130-0423101920-2052$2,63023-A pr-2010Barry VinsonSacramento, Ky.
369123301997 Ford Taurus 131-0423101925-2052$89023-Apr -2010Michael MeyersEdgewater, Fl.
1202unknown2002 EZGO Golf Cart133-0501101905-2052$1,360 1-May-2010Javier GarciaNorcross, Ga.
City of Delray Beach
Fleet Maintenance Department
Created October 26, 2011
City of Delray Beach
GovDeals Auction Sales
October 2009 through October 2011
760120441996 Yamaha Golf Cart134-0501101910-2052$7551-May -2010Javier GarciaNorcross, Ga.
1321172572003 Dodge Intrepid135-0511101900-2052$2,0101 1-May-2010Rafael GonzalezMiramar, Fl.
6602170592002 Chevy Malibu136-0619101900-2052$2,81019-J un-2010Tedi ArbigausFt. Meyers, Fl.
CI-37517986-1Animal Control Body137-0624111900-2052$8102 4-Jun-2011David RaySpeedwell, Tn.
207167052001 Chevy Cavalier138-0619101910-2052$2,5201 9-Jun-2010Tedi ArbigausFt. Meyers, Fl.
420110041995 Ford F700 Crane Truck139-0619101915-2052 $9,02519-Jun-2010Robert HallTampa, Fl.
1346174112003 Harley Davidson FLH140-0626101900-2052$7,00026-Jun-2010Yamil OsorioFayetteville, N.C.
CG-SE04317096Sniper Headlamp Aimer141-0626101905-2052$209 -Aug-2010Tracy BradshawChesterfield, Mo.
CG-SE04416530Snap On Engine Anylizer142-0626101910-2052$320 26-Jun-2010Michael SeeberMiami, Fl.
CG-SE04516180Well Worth Transmission Flush Machine143-062 6101915-2052$32526-Jun-2010Narcisse PierreMiami, Fl.
CG-SE046N/AMAC Tools Refrigerant Recovery Machin e 144-0626101920-2052$34026-Jun-2010Michael SeeberMiami, Fl.
9909128261999 Ford E-350 12-Pass. Van145-0801101900-2052$3 ,1121-Aug-2010Donald SellersDolomite, Al.
696160661999 Johnston Sweeper146-0801101905-2052$5,1251 -Aug-2010Sylvain MalletteMontreal, Canada
628108021995 Chevy 2500 Utility (diesel)147-0801101910-2 052$3,4761-Aug-2010Charles CookLake Placid, Fl.
1610127211996 Chevy P30 Mobile Command Center148-080910 1905-2052$9,0009-Aug-2010Word of God ChurchColumbia, S.C .
200302172602004 Dodge Intrepid149-0812101900-2052$1,91 512-Aug-2010Abdoulaye BarryBronx, N.Y.
1311172252003 Dodge Intrepid150-0825101905-2052$2,4002 5-Aug-2010Tim KeenerAshville, Al.
200110167512001 Ford Taurus151-0812101910-2052$1,6101 2-Aug-2010Troy SerranoTarpon Springs, Fl.
200104167502001 Ford Taurus152-0812101915-2052$1,6101 2-Aug-2010Jose QuintanillaHialeah, Fl.
747114801996 Cantway Trailer153-0815101900-2052$48915-A ug-2010Robert HortaMiami, Fl.
1607121761996 Radar Trailer154-0815101910-2052$18015-A ug-2010Erold FucienMiramar, Fl.
1650136161996 Radar Trailer155-0815101905-2052$25015-A ug-2010Erold FucienMiramar, Fl.
1110141542001 Float On Boat Trailer156-0823101900-2052I ncluded23-Aug-2010Alexander HolsteinsonDominican Repub lic
1111141542001 World Cat Boat156-0823101900-2052$17,159 23-Aug-2010Alexander HolsteinsonDominican Republic
1032164492000 Ford Expedition 4X2157-0825101900-2052$2,6 0025-Aug-2010Brian GourlayMiddleburg, Fl.
840UNK1980 KATO Generator158-0906101900-2052$12,2746-Sep -2010Rhonda TennantSheffield Lake, Oh.
1217170602002 Chevy Malibu159-1003101900-2052$2,1103-Oc t-2010Nanci KabrinLake Placid, Fl.
622129031998 Ford E-250 Van160-1003101905-2052$1,5103-Oct-2 010David MillerCape Coral, Fl.
710123331997 John Deere Back Hoe162-1010101900-2052$9 ,82510-Oct-2010William WardOkeechobee, Fl.
1212170582002 Chevy Malibu163-1003101915-2052$1,9363-Oc t-2010Norman WaltersValdosta, Ga.
376128011998 F-250 Pickup164-1003101920-2052$1,5103-Oct-20 10Nanci KabrinLake Placid, Fl.
200108149012001 Doge 2500 4x4 Quad Cab165-1003101925 -2052$6,6003-Oct-2010Richard StricklerElkton, Va.
Golf Course/62003 Club Car Carryall Turf 2166-11141019 00-2052$1,06514-Nov-2010Jeffrey PashkowWellington, Fl.
Golf Course/111999 Club Car Carryall-II Plus167-1114101 905-2052$85714-Nov-2010Charles CarriganKings Mountain, N .C.
Golf Course/121999 Club Car Carryall-II Plus168-1114101 910-2052$95514-Nov-2010Charles CarriganKings Mountain, N .C.
Golf Course/131998 Club Car Carryall-II169-1114101915-2 052$80514-Nov-2010Charles CarriganKings Mountain, N.C.
Golf Course/142003 Club Car Café Express170-1114101920-2 052$1,25514-Nov-2010Jeffrey PashkowWellington, Fl.
Golf Course/161999 Club Car Carryall-II 171-111410192 5-2052$1,48014-Nov-2010Jeffrey PashkowWellington, Fl.
Golf Course/171998 Fibre Core Concession Trailer173-1 130101935-2052$75630-Nov-2010James RussellSebring, Fl.
Golf Course/18Steel Frame Rolling Hoist174-1114101940-20 52
Golf Course/19Soil Reliever175-1114101945-2052$73514-Nov -2010Bob ReaganLoxahatchee, Fl.
Golf Course/8Ransomes 250 Diesel 4-Head Mower176-111310 1900-2052$2011-Jan-2011Elizabeth ButlerLehigh Acres, Fl.
Golf Course/15Ransomes 250 Diesel 4-Head Mower177-11131 01905-2052$15513-Nov-2010April WebbWeeki Wachee, Fl.
Golf Course/7Hahn Multi-Pro Sprayer178-1113101910-2052$1311 3-Nov-2010Santiago BortoneJupiter, Fl.
Golf Course/2Jacobson Turfcat T423D Mower179-1113101915-2 052$26013-Nov-2010Greg SchreinPalm Beach Gardens, Fl.
Golf Course/11993 Toro 3100 Greens Mower180-1113101920 -2052$3111-Jan-2011Elizabeth ButlerLehigh Acres, Fl.
Golf Course/41993 Toro 3100 Greens Mower181-1113101925 -2052$7013-Nov-2010Santiago BortoneJupiter, Fl.
Golf Course/3Toro Groundsmaster 325-D Mower182-111310193 0-2052$53013-Nov-2010Santiago BortoneJupiter, Fl.
Golf Course/9Toro Reelmaster Tractor183-1121101905-2052$30521-Nov-2010Gary JohnsonWest Palm Beach, Fl.
City of Delray Beach
Fleet Maintenance Department
Created October 26, 2011
City of Delray Beach
GovDeals Auction Sales
October 2009 through October 2011
Golf Course/10Toro Reelmaster Tractor184-1121101900-2052 $30521-Nov-2010Gary JohnsonWest Palm Beach, Fl.
Golf Course/5Toro Sand Pro 5000185-1121101910-2052$2021-N ov-2010Gladys ConcepcionLauderhill, Fl.
BM-001Bronze Glass Panels186-1201101900-2052$5571-Dec-2010D aniel SinclairMurfreesboro, Tn.
7980194252008 Kawasaki 650 Brute Force ATV187-1216101 900-2052$2,51016-Dec-2010Orlando LasoHouston, Tx.
1629159132006 Honda TRX-500 ATV188-1216101905-2052$1,86 016-Dec-2010Yamisleidis QuilezHialeah, Fl.
7970194242009 Kawasaki 650 Brute Force ATV189-1216101 910-2052$2,51016-Dec-2010Orlando LasoHouston, Tx.
422125201997 John Deere 410E Back Hoe190-0103111900-20 52$17,8253-Jan-2011Duane CotterWeslaco, Tx.
427129351998 Ford E-250 Van191-1217101900-2052$2,02017-De c-2010Kenneth LeeDuPont, Ga.
1514176122005 Ford Taurus (total loss)192-1217101905-205 2$2,35517-Dec-2010Haim SiamaMiami, Fl.
759120431996 Yamaha Golf Cart193-1217101910-2052$94017-D ec-2010Barry LandstedtFruitland Park, Fl.
CG-SE04717333Coats 1055 Wheel Balancer194-1217101915-2052 $19317-Dec-2010Thakur SieunarinePalm Beach Gardens, Fl.
7370197262009 Kawasaki 650 Brute Force ATV195-1217101 920-2052$3,1655-Feb-2011Robert MurrayGuyton, Ga.
CA-001N/ASouthern Reporter Law Books196-0205111910-2052$1 565-Feb-2011Robert MurrayGuyton, Ga.
CG-SE048(3) FuelMaster Terminals197-0312111900-2052$4012-Mar-20 11Richard ElaBonita Springs, Fl.
CG-SE049N/A2000 Schwarze Sweeper (Parts Vehicle)198-0312111905 -2052$58012-Mar-2011John GottusSebring, Fl.
CG-SE050N/ALiftMoore Crane199-0312111910-2052$42712-Mar-2011Edd ie DavisBirmingham, Al.
1200170572002 Chevy Malibu200-0312111915-2052$2,40912-Ma r-2011Jeffrey CohenFt. Lauderdale, Fl.
752118241997 Cantway Trailer202-0326111900-2052$76026-Ma r-2011Marvin FritzSt. Augustine, Fl.
623108011995 Ford F-150 Pickup203-0402111900-2052$9652-A pr-2011Lazaro FriasBoca Raton, Fl.
1307171002003 Ford Crown Vic Police Interceptor204-05011 11900-2052$1,8301-May-2011Richard BussePort Charlotte, Fl.
1336173132003 Ford Crown Vic Police Interceptor205-06111 11900-2052$81111-Jun-2011Haim SiamaMiami, Fl.
380163752000 Chevy Cavalier206-0604111900-2052$2,8354 -Jun-2011Kassandra DavisRiviera Beach, Fl.
4930164441999 Dodge Ram 2500 Utility207-0611111905-2052 $2,93011-Jun-2011Robert SandiferSumter, S.C.
CI-SE001N/AHumane Animal Traps (8)208-0618111900-2052$151 8-Jun-2011Jeffery RomeHollywood, Fl.
626108001995 Chevy 2500 Utility (Diesel)209-0618111905-2 052$3,61018-Jun-2011Chris BayerLancaster, Oh.
1302171032003 Ford Crown Vic Police Interceptor210-06181 11910-2052$89518-Jun-2011Haim SiamaMiami, Fl.
1820203642007 Yamaha Golf Cart211-0619111900-2052$45519 -Jun-2011Spencer LangleyLoxahatchee, Fl.
CG-SE051N/ANAPA/Goodyear Belts212-0625111900-2052$3225-Jun-2 011Arnold AbdullaNorth Lauderdale, Fl.
CG-SE052N/AVarious Belts213-0625111905-2052$3225-Jun-2011Arn old AbdullaNorth Lauderdale, Fl.
455127511998 International VACCON214-0625111910-2052$34,20525-Jun-2011Ruben LopezMiami, Fl.
1327173052003 Ford Crown Vic Police Interceptor215-06251 11915-2052$62025-Jun-2011Haim SiamaMiami, Fl.
GC-1120721996 Dodge 1500 Pickup Truck216-0714111900-205 2$75514-Jul-2011Paul ChristianDeltona, Fl.
652123481997 Chevy 1500 Pickup Truck217-0703111422-205 2$1,6203-Jul-2011Isaac YonlyWesley Chapel, Fl.
ES-SE001N/AUS General Air Compressor218-0703111920-2052$510 3-Jul-2011Lazaro FriasBoca Raton, Fl.
1324173032003 Ford Crown Vic Police Interceptor219-07031 11915-2052$1,9013-Jul-2011Eric ArcherCharleston, S.C.
47970671989 Case 580K Combination Backhoe220-08011119 05-2052$12,4251-Aug-2011Rody GomezMiramar, Fl.
2172362003 Toro Groundsmaster 328-D Mower221-0710111900 -2052$1,81010-Jul-2011Jim MullinsOlmsted Falls, Oh.
PD-CONF002N/A1967 Pontiac LeMans222-0814111900-2052$23,050 14-Aug-2011Michael GagelRiverview, Fl.
PR-11172562003 Toro Groundsmaster 328-D Mower223-07201119 00-2052$1,71020-Jul-2011Lazaro FriasBoca Raton, Fl.
CG-SE053N/ATrunk Organizers224-0719111900-2052$3019-Jul-201 1Marianna StephensClearwater, Fl.
PR-8176192004 Toro Groundsmaster 328-D Mower226-072311190 0-2052$2,61023-Jul-2011Diane PriceDenham Springs, La.
CS-365154022005 Green Machine Sidewalk Sweeper227-0717111 905-2052$2517-Jul-2011Jason AlbrittonSt. Cloud, Fl.
ES-674128251998 Ford F-250 Pickup (Propane)228-0727111900-20 52$2,05027-Jul-2011Dagoberto FernandezLehigh Acres, Fl .
ES-465124951997 Ford F-250 Utility229-0727111905-2052$2,060 27-Jul-2011Mike BaimisNorth Ft. Meyers, Fl.
CG-SE055N/ACVPI Prisoner Partitions230-0728111900-2052$2028-Jul -2011Barry KleinParkland, Fl.
PD-1435N/A2004 Dodge 2500 C.C. 4X4 - Cummins231-08011119 00-2052$18,5251-Aug-2011Rod RaisanenSpearfish, S.D.
PD-1345N/A1983 Club Car Electric Golf Cart232-0810111900-2 052$59510-Aug-2011Rod KingMetamora, Mi.
CG-SE056N/A400 Amp Transfer Switch233-0902111240-2052$4102-Se p-2011Neil CohenDelray Beach, Fl.
PD-1218170722002 Chevy Malibu234-1017111915-2052$3,23317 -Oct-2011Roger NeidighCape Coral, Fl.
City of Delray Beach
Fleet Maintenance Department
Created October 26, 2011
City of Delray Beach
GovDeals Auction Sales
October 2009 through October 2011
PD-1320172582004 Dodge Intrepid235-1017111910-2052$2,360 17-Oct-2011Roger NeidighCape Coral, Fl.
PD-1114167892001 Ford Taurus237-1017111905-2052$2,98017 -Oct-2011Roger NeidighCape Coral, Fl.
Total Sales$344,844
City of Delray Beach
Fleet Maintenance Department
Created October 26, 2011
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
INTERLOCAL AGREEMENT/CRA/US 1 CORRIDOR BEAUTIFICATION
ITEM BEFORE COMMISSION
This item is before the Commission for approval/aut horization for Mayor to sign an inter-local
agreement with the Community Redevelopment Agency (CRA). The inter-local agreement is for the
repayment of the State Infrastructure Bank (SIB) lo an applied for from the Florida Department of
Transportation (FDOT) for funding needed for the US 1 Beautification project, which is from just south
of SE 10th St to just north of George Bush Blvd. Th e loan amount, if approved by FDOT, is for
$1,856,708.00. Project #2009-009.
BACKGROUND
On August 16, 2011, City Commission approved an app lication to the FDOT State Infrastructure Bank
(SIB) for a loan to provide the balance of funding needed for the US 1 Beautification project. This
agenda item is the inter-local agreement between the City and the CRA for re payment of this loan, if the
loan is approved by FDOT. The terms proposed in the agreement include a five year pay back at an
interest rate not to exceed 3.25%. The CRA Board ap proved this inter-local agreement at their Oct. 13,
2011 meeting.
RECOMMENDATION
Staff recommends approval.
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:October 26, 2011
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W. 1 2TH
AVENUE/AUBURN AVENUE/ S.W. 14TH AVENUE
ITEM BEFORE COMMISSION
Request for Commission approval and authorization f or the Mayor to execute the final Interlocal
Agreement with Palm Beach County for Improvements o n SW 12th Avenue/Auburn Avenue/SW 14th
Avenue from SW 10th Street to West Atlantic Avenue, which provides for reimbursing the City
$1,000,000 for costs associated with the improvemen ts along this corridor. This approval/authorizatio n
is subject to review and approval by the City Attor ney.
BACKGROUND
Palm Beach County, Delray Beach and the Delray Beac h Housing Authority (DBHA) entered into an
Interlocal agreement dated 18 November 2008 through which the County would reimburse DBHA an
amount not to exceed $1,000,000 for Carver Estates-SW 12th Avenue/Auburn Avenue reconstruction.
On November 17, 2009, City Commission approved an a mendment to that agreement to reimburse the
City for the improvements, which are under City’s jurisdiction. The amendment to the agreement
expired on October 1, 2011.
On September 6, 2011, City Commission approved the attached draft to extend the agreement to
September 1, 2012. However, we have received the at tached final agreement which extends the
agreement to December 1, 2012 and includes addition al language about the Inspector General and
recordkeeping.
The agenda item before commission is for a revised interlocal agreement between the City and the
County for the reimbursement of $1,000,000 to the C ity for improvements in the SW 12th Avenue/
Auburn Avenue / SW 14th Avenue Project. This new Ag reement extends the completion date to
December 1, 2012.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:October 27, 2011
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE CRA FOR FUNDING
OF CONSTRUCTION/PROFESSIONAL SERVICES
ITEM BEFORE COMMISSION
Staff requests Commission approval of Amendment No. 1 to the Interlocal Agreement between the City
and the CRA for the funding of construction costs a nd professional services for certain projects as li sted
on Exhibit “A” attached to the Agreement.
BACKGROUND
Attached is a proposed amendment to the Interlocal Agreement for the funding of construction costs and
professional services for certain projects, located in the CRA district that was approved by the City
Commission on September 20, 2011. The amendment add s Project “N”, Pompey Park Concession
Stand, to Exhibit “A” of the Interlocal Agreement. The CRA will provide f unding in the amount of
$200,000 for the concession stand improvements at P ompey Park.
RECOMMENDATION
Staff recommends approval.
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:October 21, 2011
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
CONSULTING S.A. 07 -05.2/KIMLEY HORN AND ASSOCIATES, INC.
ITEM BEFORE COMMISSION
Request for Commission approval and authorization f or the Mayor to execute service authorization #07-
05.2 with Kimley-Horn and Associates, Inc (KHA) for design of the Fe deral Highway
Enhancements Project #2009-009. The cost of this S ervice Authorization is $32,081.99.
BACKGROUND
On May 12, 2009, Commission gave approval to move f orward with design of permanent modifications
to US 1 between SE 10th Street and George Bush Blvd .
The permanent modifications include the following:
-The proposed general modifications to US-1 (East 5th and 6th Avenues) will be complete
reconstruction of two blocks north and south of Atl antic Avenue (between SE 2nd Street and NE 2nd
Street) and milling and resurfacing the remainder o f the project limits where existing curb and sidewa lk
will remain in place. New decorative street lightin g will be designed within the reconstruction area
between SE 2nd and NE 2nd Streets. Existing street lighting will be retained for the remainder of the
project. On street parking will be included within the final construction documents.
-Bump-Outs will be constructed in the radius returns of t he intersecting side streets located within the
limits of the milling and resurfacing portion of th e project. Drainage modification will be required t o
accommodate the Bump-Outs. Midblock Bump-Outs will be provided without connection to existin g
curb and gutter to maintain drainage flow along exi sting curb and gutter.
-On street parking will be one of the design elemen ts for inclusion in the final construction document s.
-Landscaping and irrigation will be designed for bot h sides of 5th and 6th Avenues. Landscaping and
irrigation will be located in the “Bump-Outs” within the milling and resurfacing portion of the p roject,
and in the reconstruction area between SE 2nd Stree t and NE 2nd Street.
-There are three proposed Signalized intersections. An underground traffic signal interconnect system
will be provided along both 5th and 6th Avenues wit hin the limits of reconstruction. Signal loop
replacement design will be provided for all interse ctions due to milling and resurfacing.
-Prepare limited water main construction plans for a maximum of four crossing locations (from east to
west right-of-way lines of 6th Ave).
This agenda item is for the approval of additional design services due to conflicts between proposed
drainage improvements and existing water mains. It will be necessary to relocate segments of the City’s
existing water main to accommodate the proposed roa dway improvements, especially as relates to
drainage structures. Furthermore, in order to remov e abandoned driveways along the corridor, Florida
Department of Transportation (FDOT) required that t he City prepare driveway closure packages and
letters to be sent out in the name of FDOT.
FUNDING SOURCE
Funding will be provided as follows:
#334-3162-541-68.52 $13,728.00 Commu nity Redevelopment Agency
#442-5178-536-68.52 $18,353.99 W&S R enewal & Replmt Fund
RECOMMENDATION
Staff recommends approval.
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Page 1 of 3
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. 07-05.2 FOR CONSULTING SERVICES
CITY P.O. NO. __________ CITY EXPENSE CODE ________________________
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract between the parties as amended on July 18, 2007.
TITLE: Federal Highway Enhancements (From S. of S.E. 10 Th Street to North of George
Bush Blvd.)
Subsurface Utility Exploration
The City of Delray Beach and the Delray Beach CRA entered into contract with Kimley-Horn
and Associates, Inc. (“KHA”) to provide final design services for the referenced project on
12/8/2009. Kimley-Horn and Associates, Inc. (“KHA”) is pleased to submit this service
authorization request to the City of Delray Beach (“Client”) for providing subsurface utility
exploration services. Our project understa nding, scope of services and fee follow.
PROJECT UNDERSTANDING
After progression of design including drainage d esign, potential conflicts between the proposed
improvements and existing water mains have been identified. It will be necessary to relocate
segments of the City’s existing water main to accommodate the proposed roadway improvements,
especially as related to drainage structures. Furt hermore, in order to remove abandoned driveways
along the corridor, FDOT required that the City prepare complete driveway closure packages and
letters to be sent out in the name of FDOT. Th e Consultant will prepare 19 such packages for the
City and on behalf of FDOT.
SCOPE OF SERVICE
TASK 1 Water Main Relocation Design Plans and Permitting
Consultant shall prepare complete water main relocation construction plans to be added and
included with the original water main plans. Th e scope consists of relocating approximately 16
segments of water main around drainage structures throughout the project to avoid conflicts with
those structures. Consultant shall consider subsurface utility exploration (SUE) testing
information and design the relocation to avoi d conflicts with utilities as shown by the SUE
information. Consultant shall also incorporate th e relocation plans with th e permit package for the
original water main plans.
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Page 2 of 3
TASK 2 Driveway Closure Exhibit Preparations and Coordination
Consultant shall prepare Nineteen (19) drivew ay closure packages per FDOT requirements and
on for FDOT signatures. Consultant shall conduct two field reviews to identify the driveways a nd
one field review with FDOT staff. Consultant shall revise the exhibits once based on FDOT
comments.
ADDITIONAL SERVICES
Upon your authorization, we will provide any a dditional services that may be required beyond
those described in the scope of services above. These services may include but are not limi ted to
such items as the following:
Provide separate plans and permit application submittal for the additional water main
relocation.
Revise driveway exhibits after FDOT had accepted them and sent them out to property
owners.
SCHEDULE
KHA will begin work upon receiving authorization fr om the City to incorporate the information
with the Federal Highway design schedule.
Fee and Expenses
KHA will perform the Services in tasks 1-2 for the total lump sum fee below. Fees will be
invoiced monthly based on the actual amount of service performed and expenses incurred.
Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are
informational only. All permitting, application, and similar project fees will be paid directly by
the Client.
Reimbursable Expenses billed under this contract could include: in-house duplicating, local
mileage, facsimiles, postage, express delivery ser vices, large-format color printing, construction
drawing printing, specification printing, and other out-of house printing.
Optional services will be billed on a lump sum basis after written authorization from City to start
those services or a portion thereof. Additional services which may be identified as needed at a
later time will be negotiated at that time.
Task 1 Construction Documents and Permitting $18,353.99
Task 2 Driveway Closure for FDOT $13,728.00
Total Labor Fee $32,081.99
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Page 3 of 3
This service authorization is approved continge nt upon the City’s acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as 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 authori zation, the City may terminate the contract
without incurring any further liability. The C ONSULTANT may commence work on any service
authorization approved by the City to be included as part of the contract without a further notice
to proceed.
Approved by:
CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC.
Date ___________________________ Date __________________________________
_______________________________ By: ___________________________________
M a y o r (S e a l )
_______________________________________
Witness
_______________________________________
Witness
Attest: _________________________ Attest: _________________________________
_______________________________
Approved as to Legal
Sufficiency and Form BEFORE ME, the foregoing instrument, this
________day of __________________, 2011
was acknowledged by _____________________
on behalf of the Corporation and said person
executed the same free and voluntarily for the
purpose there-in expressed.
Witness my hand and seal in the County and
State aforesaid this __________ day of
________________, 2011.
N o t a r y P u b l i c
S t a t e o f F l o r i d a
M y C o m m i s s i o n E x p i r e s :
ESTIMATE FOR ENGINEERING SERVICES
PROJECT:Federal Hwy Enhancement Supplement for WM relocations & driveway closures SHEET 1 of 1
CLIENT:Delray FILE NO.
ESTIMATOR:MM& J Panse DATE:10/04/11
ALLOCA 0.0380
DESCRIPTION:DIRECT LABOR ( MAN-HOURS )
P8P7P4P2 CLERK SUB COMP EXP LINE
Principal QC EngineerAnalyst (DC)(HWS, AA, IM)TOTAL
(JEP)(KMS)(AKP)(KV)
$0
Construction Documents:$0
Intial review (9/1 - 9/15)5.5 0.5 $690
Verify existing util, exist/prop storm in conflict areas 8.010.0 $1,889
Determine needed soft dig info 2.02.0 $426
Coordinate with City- Service interuptions 3.0 $358
Revise conflict matrix 3.02.0 $545
Mark-up plan sheet (16 offset locations + 4 pending)/ Plan and Profile 1.02.044.020.0 1.5 $7,756
Meet with City 1.05.05.0 $1,583
Site Visit (1)5.0 $597
Tabulation of Quantites 1.53.02.0 $771
Utility Clearance Tabulations 0.53.02.0 $620
Q/C 4.0 $602
Permitting/Certification:$0
Additional permitting effort for water main/Storm conflict areas 1.04.0 $628
Health Department submittal and comment response 1.01.0 $270
Coordination with roadway design plans 2.02.04.04.0 $1,619
Driveway Clousre for FDOT:
Driveway Closure Field Rviews (3 reviews including one with FDOT)6.02.08.014.0 $3,965
Driveway Closure Exhibits (4 exhibits x 19 locations = 76 Exhibits & letters)2.014.030.020.0 6.0 $8,429
Driveway closure coordination with FDOT & Revisions 1.02.02.06.0 $1,334
TOTAL HOURS 13.035.0130.582.00.00.00.00.08.00.00.00.0269
LABOR ($/HOUR)225.00145.00115.0090.000.000.000.000.0065.001.000.001.0
ALLOCATION 0.000.000.000.000.000.000.000.000.000.000.000.00
TOTALS 2,925.005,075.0015,007.507,380.000.000.000.000.00520.000.000.000.00$32,081.99
K:\BCD_Roadway\044300018_US1_Delrayfinal\KHA Files\Cont ract\20111005_Amend #2 for WM relo\Fee Est_DelrayWM_stormcon f_drive closure_MMedit.xls 10/5/2011
Location Map
Geo Bush Blvd
NE 4 th St
Atlantic Ave
SE 4 th St
9/16/2009Delray Beach GIS
SE 10 th St
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (AC CF)
ITEM BEFORE COMMISSION
Approval of the Agreement between the City of Delra y Beach and Achievement Centers for Children
and Families as a non-profit partner responsible for carrying out service s at the Village Academy
Beacon Center.
BACKGROUND
The City of Delray Beach and the Community Child Ca re Center, doing business as Achievement
Centers for Children and Families (ACCF), provide B eacon Center services at the Village Academy.
The City provides the ACCF $52,000 in support of th e Beacon Teen Program. ACCF is responsible for
providing detailed, narrative quarterly reports doc umenting student and parent participation in
compliance with annual goals established for the pr ogram.
FUNDING SOURCE
001-4111-572-83.01
RECOMMENDATION
Staff is recommending City Commission approval of t he Agreement between the City of Delray Beach
and the non-profit partner, Achievement Centers for Children an d Families (ACCF), responsible for
carrying out the approved services and programs thr ough the Beacon Center at Village Academy for
Fiscal Year 11/12.
AGREEMENT
THIS AGREEMENT , made this _____ day of ________________, 20__, by and
between the CITY OF DELRAY BEACH , a municipal corporation, (City), 100 NW 1 st
Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF
DELRAY BEACH , (CCCC), d/b/a Achievement Centers for Children and Families
(ACCF), 555 N.W. 4 th Street, Delray Beach, FL 33444.
WITNESSETH:
WHEREAS , the City desires to subcontract with the Community Child Care
Center, a local not-for profit organization, to carry out the Service and activities
associated with the Beacon Center at Village Academy Ele mentary School.
NOW THEREFORE , for good and valuable consideration, the receipt and
sufficiency which are hereby acknowledged, the parties her eby agree as follows:
1. Incorporation of Recitals . The parties hereby represent and warrant that
the above recitals are accurate and correct and hereby i ncorporate them
as if fully set forth in this Agreement.
2. Term : This Agreement shall commence on October 1, 2011 and terminate
on September 30, 2012 with an option to renew annua lly. This Agreement
shall be contingent upon the City's receipt of grant money from the
Children's Service Council of Palm Beach County for the Beacon Center
at Village Academy Elementary School.
3. Payment : Subject to Paragraph 2 above, transfers from the City to
CCCC will be made in accordance with the following procedur es:
a. The total Payment for services rendered pursuant to this
Agreement allocated through the Parks and Recreation b udget in
the amount of $52,000 for October 1, 2011 through Se ptember 30,
2012 and shall be made payable to CCCC in equal amounts of
$13,000 on a quarterly basis. CCCC shall submit an invoice to the
City by the 10 th day of each month following the end of the quarter
along with a narrative summary report of all activiti es carried out for
the Teen component of the Beacon Center during the q uarter for
which the funds are requested. The City will provide
reimbursement to CCCC within thirty (30) days after receipt of the
invoice.
The City has the discretion to decrease CCCC’s allocation based
upon the program’s inability to meet the parameters o utlined in the
2
program model and/or the inability to maintain prog ram capacity
based upon quarterly reviews.
4. Reduction in Payment : Notwithstanding anything herein to the contrary,
the parties agree that the dollar amount set forth in paragraph 3 above
may be reduced in the event that the City determines that CCCC will not
spend the entire amount allocated by September 30th f iscal year end.
This determination may be made (a) during the course o f reviewing a
budget revision submitted by CCCC pursuant to the City’s procedures or
(b) based upon the City’s monitoring of CCCC’s program and its
expenditure history. Before any such reduction becomes final, CCCC will
be notified in writing of the proposed action and shal l have the opportunity
to address the City’s Board regarding the proposed re duction. The
decision of the City’s Board on this issue shall be final . If the City reduces
the dollar amount, CCCC may terminate this Agreement upon five (5)
days notice in writing to the City . The City shall reimburse CCCC for all
monies expended up to and including the effective date of the termination.
5. Overpayment: CCCC agrees to return to the City any overpayments
made through inadvertence or miscalculation or because p ayment is
disallowed as not having been properly earned under t his Agreement.
Such funds shall be refunded in full by CCCC to the City as follows:
a. Within twenty (20) days from the date of written n otification by the
City to CCCC of overpayment or disallowance; or
b. Within thirty (30) days following the end of this Agreement.
c. The City shall have the right to deduct from any subsequent
payment request submitted by CCCC , the amount of any
overpayments or disallowed funds.
6. Suspension of Payment of Funds: The City may, for reasonable cause,
suspend the payment of funds pending corrective action by CCCC or
pending a decision by the City to terminate this Agreement. The City
may, for reasonable cause, prohibit CCCC from incurring additional
obligation of any funds received from the City , pending corrective action
by CCCC or a decision to terminate this Agreement. Said suspen sion of
payment of funds or obligation thereof may apply to all or part of CCCC’s
operations funded by the City .
7. CCCC agrees to comply with all CSC certification documenta tion
requirements including, but not limited to:
CSC Nepotism Policy Certification;
Personnel Policies and Procedures;
3
Job Descriptions of all funded staff positions;
Certificates of insurance (liability, and theft and a uto if capital
equipment or vehicle was purchased with Contractor funds);
License(s) to operate agency/program, if applicable;
Current list of Subcontractor’s board members;
Sales Tax Exemption Certificate;
Service site(s) Fire Inspection Certificate(s), if applica ble;
Service site(s) Health Inspection Certificate(s), if appl icable
Said documentation will be retained on file with the City .
8. The CCCC agrees to provide program data on a quarterly basis, and in a
format as requested by the City , as well as fiscal reports as requested by
City .
9. Indemnification : CCCC shall defend, indemnify, save harmless and
exempt the City , its officers, agents, servants, and employees from and
against any and all suits, actions, legal proceedings, cl aims, demands,
damages, costs, expenses, and attorneys fees resulting from injury to or
death of persons or damage to property arising out of or resulting from the
Contract or from work done by CCCC or its subcontractors in the
performance of the Contract except to the extent caused by the sole
negligence of or breach of contract by the City . In connection with any
legal proceedings arising hereunder, the City reserves the right to retain
counsel of its choice and at its own expense, or in the a lternative, to
approve counsel obtained by CCCC .
10. Independent Contractor: CCCC is performing the services and duties
required hereunder as an independent contractor and no t as an employee,
agent, partner of, or joint venture with the City . CCCC shall assume sole
and exclusive responsibility for payment of wages to all employees for
services performed by them under this Agreement. CCCC shall, with
respect to said employees, be responsible for withholdin g federal income
taxes, paying federal social security taxes, maintaining unemployment
insurance and maintaining worker’s compensation coverage in amounts
required by applicable federal and state law.
11. Insurance : CCCC shall provide the City with Comprehensive General
Liability Insurance in the amount of $1,000,000.00 pe r occurrence naming
the City as an additional insured, with a thirty (30) days not ice of
cancellation provision. CCCC shall provide Worker’s Compensation
Insurance as required by law and Automobile Insurance in the amount of
$500,000.00, naming the City as an additional insured.
4
12. Notices : All notices required hereunder shall be in writing and shall be
addressed to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
For CCCC:
Nancy Hurd,
Executive Director
555 N.W. 4 th Street
Delray Beach, FL 33444
13. Termination : In the event funds to finance this Agreement become
unavailable to the City , the City may terminate this Agreement upon no
less than five (5) days written notice to CCCC . The City shall be the final
authority as to the availability of funds.
Notwithstanding any other provision of this Agreement , the City may
terminate this Agreement for any breach by CCCC . If the City intends to
terminate this Agreement, notice shall be provided in writing to CCCC no
less than twenty-four (24) hours prior to the effective date of the
termination. The City’s failure to terminate or suspend a CCCC for past
breaches of this Agreement shall not be construed as a wa iver of its right
to demand strict compliance with the terms of the Agree ment or to
terminate for said breaches or similar breaches, and shal l not be
construed to be a modification of the terms of the Agr eement.
In addition, CCCC and the City may each terminate this contract with or
without cause provided that CCCC or City shall give sixty (60) days notice
in writing to City or CCCC . The City shall reimburse CCCC for all monies
CCCC has expended up to and including the effective date o f the
termination and CCCC shall do the same.
14. Venue/Laws . This Agreement shall be governed by the Laws of the State
of Florida and venue shall be in Palm Beach County, forsaking any other
jurisdiction which either party may claim by virtue of residency.
5
15. Entire Agreement. This Agreement shall constitute the entire Agreement
of the parties with respect to the subject matter of it. All prior
understanding and agreements between the parties with respect to such
matters are merged into this Agreement, which alone f ully and completely
expresses their understanding. Modifications to this Agre ement must be
made in writing and mutually agreed to by the parti es.
16. Assignment or Transfer . This Agreement may not be assigned or
transferred by CCCC in whole or part without the written consent of the
City .
IN WITNESS WHEREOF , the parties have entered into this Agreement on
the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
_____________________ By:_____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Legal Form:
______________________
City Attorney
WITNESSES: COMMUNITY CHILD CARE CENTER
d/b/a Achievement Centers for Children
and Families
________________________ By:_____________________________
Print Name _______________ Nancy Hurd, Executi ve Director
________________________
Print Name _______________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:October 19, 2011
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
HAZARDOUS MATERIALS TECHNICIAN COURSE/HAZMAT IQ
ITEM BEFORE COMMISSION
This item is before the Commission for approval to provide $15,750 for nine personnel to attend a
Hazardous Materials Technician course offered by Ha zMat IQ. These funds are fully reimbursable
through the Homeland Security Domestic Preparedness Grant Program.
BACKGROUND
The Fire-Rescue Department has a need to send nine personnel to a Hazardous Materials Technician
course to meet minimum staffing requirements for a Type II Hazardous Materials Response as outlined
by the Florida State Emergency Response Commission. These staffing levels are requirements for our
participation as a regional response team for hazar dous materials and weapons of mass destruction
(WMD). These minimum staffing levels are also requ ired for our participation as a regional Haz-Mat
response team within the county which is funded thr ough the Solid Waste Authority.
Delray Beach Fire-Rescue Department has been a state funded Hazardous Materials Team for over eight
years. The team is funded through the State Homela nd Security Grant Sub-Recipient Funding
Agreement. This grant provides for the sustainment and repair of state funded equipment for
responses to hazardous materials and WMD incidents. Additionally, the grant provides for training of
our personnel in hazardous materials and domestic p reparedness courses.
FUNDING SOURCE
Funding is available in 001-2315-526-54.30. These funds are fully reimbursable through the Homeland
Security Domestic Preparedness Grant Program.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
RATIFICATIONS TO THE KIDS AND COPS COMMITTEE
ITEM BEFORE COMMISSION
This ittem is before the City Commission for ratifi cations to the Kids and Cops Committee.
BACKGROUND
The Kids and Cops Committee was established as an A dvisory Board to the City Commission in May,
1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relations hip
between the local youth of our community and member s of the Delray Beach Police Department
through various programs and activities. It is comp osed of representatives from the City’s Police and
Parks and Recreation Departments, as well as, repre sentatives from the Delray Beach public
schools. Over the years, membership has evolved to include “At Large Representatives” which has
provided the opportunity for interested residents t o participate in the program. The City Commission
directly appoints members to fill the “Citizen At L arge Representative” and “At Large Representative ”
category. The other appointments are made by the va rious groups involved and presented to the
Commission for ratification.
The current appointees for ratification are:
Organization Represented
Danielle Beardsley Parks and Recreation
Sheila Bethel Pinegrove Elementary
William Fay, Jr. Banyan Creek Elementary
Nicole Guerriero Police Department
Vilguins Louissaint Plumosa Elementary
Cheryl McKeever Crosspointe Elementary
Yvonne Odom Carver Middle
Angelica Rotondo Orchard View Elementary
Regina Sablo Crosspointe Elementary
Edward Smith Police Department
Rona Tata SD Spady Elementary
Sandra Weatherspoon Village Academy
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered w ith the exception of Mr. Louissaint.
All of the current appointees have previously serve d on the Kids and Cops Committee with the
exception of Ms. Sandra Weatherspoon. The terms are for two (2) years ending November 30, 2013.
RECOMMENDATION
Recommend ratifiation of the appointed members to t he Kids and Cops Committee for two (2) year
terms ending November 30, 2013.
KIDS AND COPS
10/11
TERM EXPIRES REGULAR MEMBERS ORGANIZATION
REPRESENTED
11/30/2013
Ratified 02/07/06
Reappt 11/07/07
Ratified 12/11/07
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
William J. Fay, Jr. (Principal)
Banyan Creek Elem.
11/30/2013
Ratified 02/07/06
Reappt 11/07/07
Ratified 12/11/07
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Yvonne Odom
Carver Middle
PBC School District
11/30/2013
Unexp Appt 09/06/06
Ratified 11/17/06
Reappt 11/07/07
Ratified 12/11/07
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Cheryl McKeever
Crosspointe Elem.
11/30/13
Unexp Appt 09/03/08
Ratified 03/17/09
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Regina Sablo
Crosspointe Elem.
11/30/13
Unexp Appt 09/03/08
Ratified 03/17/09
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Rona Tata
SD Spady Elementary
11/30/13
Ratified 02/07/06
Reappt 11/07/07
Ratified 12/11/07
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Danielle Beardsley
Parks and Recreation
11/30/2013
Appt 01/03/11
Ratified 05/07/11
Reappt 10/05/11
Nicole Guerriero, Chair
Police Department
11/30/2013
Ratified 02/07/06
Reappt 11/07/07
Ratified 11/11/07
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Edward Smith
Police Department
07/31/13
Appt 08/16/11
Kenneth Zeno
At Large Representative
07/31/13
Reappt 02/07/06
Reappt 12/11/07
Reappt 11/17/09
Reappt 08/16/11
Francis Moschette
At Large Representative
07/31/13
Appt 03/03/08 (partial term)
Reappt 11/17/09
Reappt 09/06/11
Phyllis Willingham
At Large Representative
11/30/13
Unexp Appt 09/03/08
Ratified 03/17/09
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Sheila Bethel
Pinegrove Elem.
11/30/13
Appt 10/05/11
Sandra Weatherspoon
Village Academy
11/30/13
Unexp Appt 09/03/08
Ratified 03/17/09
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Angelica Rotondo
Orchard View Elem.
07/31/13
Ratified 02/07/06
Reappt 12/11/07
Reappt 11/17/09
Appt 08/16/11
Cory Cassidy
Citizen at Large
Representative
11/30/2013
Reappt 09/02/09
Ratified 11/17/09
Reappt 10/05/11
Vilguins Louissaint
Plumosa Elem.
S/City Clerk/Board 11/Kids&Cops
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
SPECIAL EVENT REQUEST/15TH ANNUAL DELRAY BEACH CRAFT FESTIVAL
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 15 th Annual Delray
Beach Craft Festival proposed to be held on Februar y 25 & 26, 2012 from 10:00 a.m. to 5:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the use of NE 2 nd Avenue, from the alley
north of Atlantic to midway between NE 3 rd Street and NE 4 th Street (south of the City Walk condo
garage entrance), as well as use of the north end o f City Hall’s parking lot for vendor parking, and to
authorize staff support for security and traffic co ntrol and to permit an event sign be erected on Atl antic
Avenue just east of I-95, fourteen (14) days prior to the event per City Code.
BACKGROUND
Attached is the event permit application received f rom Howard Alan Events, Ltd. for this event. Also
included are the site plan, event budget and econom ic calculator. The City is requested to provide pol ice
security and traffic control for this event. The ev ent sponsor is responsible for vendor management an d
set up, site cleanup, barricades, portalets and dum psters. They will also provide their own event sign and
rent barricades from Bob’s Barricades and install. Estimated overtime costs for the event are $5,266,
including Fire Inspection Services, which will be r equired for vendor inspection. Per event policies a nd
procedures, the event sponsor is responsible for pa yment of all City costs. The event producer has
submitted a copy of their Liability Insurance and H old Harmless Agreement.
RECOMMENDATION
Staff recommends approval of the event permit, appr oval of the temporary use permit for the street
closure, and parking lot use, and approval of staff support for police security and traffic control, a s well
as Fire Inspection Services with the sponsor paying all City costs.
N E 1st Street
N E 4th St
N E 2nd St
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner Paul Dorling, AICP, Dire ctor of Planning and Zoning
THROUGH:City Manager
DATE:October 27, 2011
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of October 17, 201 1 through October 28, 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 Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission 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 ite m on the next meeting of the Commission as
an appealed item.
REVIEW BY OTHERS
Planning and Zoning Board Meeting of October 17, 20 11
A. Approved with conditions (7 to 0), a master develop ment plan associated with the demolition of the
Goodman Automotive Care facility and construction of a 5,996 sq. ft. multip le tenant retail building
that includes a 3,599 sq. ft. pharmacy with a drive -thru lane and two retail bays consisting of 1,253
sq. ft. and 1,144 sq. ft. for Delray Community Pharmacy , located at the southeast corner of Linton
Boulevard and Congress Avenue. The Board also appro ved on a 7 to 0 vote the following waivers:
i.Approve a waiver to LDR Section 4.4.29(G)(2)(d), which requires a minimum perimeter
landscape buffer 19.7’ along Congress Avenue by all owing a reduction to 13.0’ to accommodate
a brick paver pedestrian walkway.
ii.Approve a waiver to LDR Section 4.4.29(G)(2)(a), which requires a minimum lot size of 3.0
acres for developments located within the MROC (Mix ed Residential, Office and Commercial)
zoning district, allowing a reduction to 0.83 acres .
iii.Approve a waiver to LDR Section 4.4.29(G)(1)(c),which requires a maximum of 20% retail use
within the MROC (Mixed Residential, Office and Comm ercial) zoning district, allowing an
increase to 100% retail use.
No other appealable items were considered by the Pl anning and Zoning Board. The following items
which were considered by the Board will be forwarde d to the City Commission for action:
A. The Board recommended approval (7 to 0), of a condi tional use request to allow within the Mixed
Residential, Office and Commercial (MROC) zoning di strict, the construction of a drive-thru lane
for the Delray Community Pharmacy.
B. Recommended approval (7 to 0), of a final Subdivisi on Plat for Block 11, a proposed commercial
development, located on the south side of SE 6 th Street between SE 5 th Avenue (southbound Federal
Highway) and SE 6 th Avenue (northbound Federal Highway).
C. Recommended approval (7 to 0), of a City initiated amendment to the Land Development
Regulations Section 4.6.9(E) (3) “In-Lieu Fee” to c larify that the maximum percentage of in-lieu
spaces applies only to new developments and the exp ansion of existing developments.
D. Recommended approval (7 to 0), of a City-initiated amendment to the Land Development
Regulations (LDR), by amending Section 2.4.6 (F) “T emporary Use Permit”, to clarify the approval
authority for uses under a tent.
Site Plan Review and Appearance Board Meeting of Oc tober 26, 2011
1. Approved (5 to 0, Rustem Kupi stepped down and Shan non Dawson absent), a request to modify
the master sign program of Delray Crossing Plaza to include signage with corporate logo colors and
two new flat wall signs for PGA Tour Superstore , located at the southwest corner of Linton
Boulevard and SW 10 th Avenue (1060 Linton Boulevard).
2. Approved with conditions (6 to 0), a color change r equest for Granger’s Restaurant , located at the
northeast corner NE 6 th Avenue and NE 2 nd Street.
3. Approved with conditions (6 to 0), a Class I site p lan modification associated with re-covering the
existing storefront window awning structures and re -painting the decorative wall mounted light
fixtures for Applebee’s at Plaza at Delray , located at the northwest corner of Linton Bouleva rd and
South Federal Highway (1720 South Federal Highway).
4. Approved (6 to 0), a Class I site plan modification associated with architectural elevation changes
for the installation of fixed impact resistant wind ows for Stone Medical , located north of NE 14 th
Street, between North Federal Highway and Dixie Hig hway (2000 North Federal Highway).
5. Approved with conditions (6 to 0), a Class II site plan modification associated with the removal of
the 2 nd floor roof canopy, re-alignment of the entry and exit driveways, installa tion of six new valet
parking spaces, one standard parking space and land scaping upgrades for Boston’s Restaurant ,
located on the west side of Ocean Boulevard, south of East Atlantic Avenue (40 Ocean Boulevard).
Concurrently, the Board approved the following waiv ers:
i. Waiver request to LDR Section 4.6.16.H.3.i., requir ing that landscape islands contain a
minimum of 75 sq. ft. of plantable area with a mini mum width of five (5) feet by allowing 62 sq.
ft. of plantable area.
ii. Waiver request to LDR Section 4.6.16.H.3.j., requir ing parking rows to have terminal
landscape islands on each end by allowing the elimi nation of the landscape islands adjacent to the
dumpster enclosure and eliminating the required ter minal landscape islands between the valet
parking spaces and the adjacent building.
6. Approved with conditions (6 to 0), a Class I site p lan modification associated with the installation
of a metal decorative chase to conceal the less app ealing piping along the building façade for the
Sushi Restaurant , located at the southwest corner of East Atlantic Avenue and SE 2 nd Avenue (32
SE 2 nd Avenue).
7. Approved with conditions (6 to 0), a twenty-four month extension (expiring November 14, 2013) o f
the site plan, landscape plan and architectural ele vation plan for The Onnen Project – Disaster
Recovery and Emergency Operations Center , located on the west side of NE 4 th Avenue, 150 feet north of
NE 2 nd Street (234 NE 4 th Avenue).
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Clayton A. Gilbert, Building Maintenance Super intendent
Richard C. Hasko, P.E. Environmental Services Direc tor
THROUGH:David T. Harden, City Manager
DATE:October 5, 2011
SUBJECT:AGENDA ITEM 8.M.1 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
CONTRACT AWARD/MUNICIPAL LIGHTING
ITEM BEFORE COMMISSION
This item is before the Commission to approve a con tract award to Municipal Lighting for the purchase
of twelve (12) concrete street light standards and LED fixtures to replace standards being removed on
Atlantic Avenue due to rust and corrosion.
BACKGROUND
On October 5, 2011 a proposal was submitted from Mu nicipal Lighting for street lighting standards and
LED fixtures in the amount of $49,841.00. One bloc k of the concrete poles were installed last fiscal
year. Public Works is requesting purchase of the s tandards, LED's and accessories for the continuatio n
of this project.
FUNDING SOURCE
Funding is available from account code 334-3162-541 -46.14 Project # 12-034
RECOMMENDATION
Public Works recommends the purchase of these poles and accessories to replace the current corroding
steel poles.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:October 17, 2011
SUBJECT:AGENDA ITEM 8.M.2 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
CONTRACT AWARD/SPECIAL PRODUCTS GROUP (SPG)
ITEM BEFORE COMMISSION
This item is before the Commission for approval to continue a contract with Special Products Group
(SPG) for uniform procurement for the Fire-Rescue D epartment personnel.
BACKGROUND
In an effort to streamline the efficiency of the u niform purchasing process, the Fire-Rescue Department
has arranged to "piggyback" onto the City of Melbou rne uniform bid with SPG. The procurement of
uniforms in this manner is still new to the Fire-Rescue Department and is aimed at empowering
employees to ensure that they have clean and profes sional uniforms, and sufficient quantities, as well .
Personnel will continue to receive uniforms on an "as needed" basis as opposed to the aggregate
ordering that had been done in previous years. Each employee will have an account at SPG with a
$400.00 annual limit, down from $450.00 last year. It will be incumbent upon employees to order and
receive their uniforms themselves. This action will free up administrative staff from the time consumi ng
efforts needed to manage uniform inventory.
Additionally, this procurement methodology is proje cted to have financial benefits, as well. Excessive
uniforms will not be ordered and the consolidation of multiple vendors into one single vendor will
enhance efficiency. SPG will be used for all operat ional and administrative personnel of the Fire-
Rescue Department.
This contract year is projected to be $60,000.00 pe r year (150 personnel x $400.00 each). The vendor
has executed the City's Standard Form of Agreement.
FUNDING SOURCE
001-2315-526-52.22, 001-2311-522-52.22, 001-2313-52 2-52.22, and 001-2317-522-52.22
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Acting Fire-Rescue Chief
THROUGH:David T. Harden, City Manager
DATE:October 18, 2011
SUBJECT:AGENDA ITEM 8.M.3 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
CONTRACT AWARD/ZOLL MEDICAL CORPORATION
ITEM BEFORE COMMISSION
The item before Commission is renewal of the extend ed warranty and semi-annual preventive
maintenance contract with Zoll Medical Corporation in the amount of $22,040.50 for providing
guaranteed repair coverage for its seventeen (17) 1 2 Lead EKG Monitor-Defibrillators.
BACKGROUND
12 Lead EKG Monitor/Defibrillators play a prominent role in the level of service provided to the
residents and visitors of Delray Beach. This extend ed warranty is a continuation of the Standard Facto ry
Warranty, and Zoll Medical Corporation is the sole provider of this OEM warranty. The contract dates
are from November 1, 2011 to October 31, 2012.
This warranty also includes preventive maintenance (PM’s) twice per unit per year, a 20% discount on
new paddles and cables, a 50% discount on new batte ries, the use and shipping of a service loaner at n o
cost during repairs, and no charge for shipping of the unit being repaired.
FUNDING SOURCE
001-2315-526-46.20
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Harold Bellinger, Streets/Traffic Superintende nt
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:October 18, 2011
SUBJECT:AGENDA ITEM 8.M.4 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
PURCHASE AWARD/AMERICAN TRAFFIC PRODUCTS & SERVICES
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Pur chase Award to American Traffic Products &
Services in the total amount of $16,040.00 for the City's yearly supply of reflective sign sheeting.
BACKGROUND
The supply of sign sheeting will be used during the year by the Public Works Department for all City
signs. Three quotes were obtained for the sheeting . All quotes are attached for your reference.
Quotes received were as follows:
Sign Sheeting
American Traffic Products & Services $16,040.00
Sankets Canada Inc. $16,650.00
Gregory $36,416.00
FUNDING SOURCE
Funding is available from account code 001-3141-541 -52.20 (General Fund/Operating Supplies/General
Operating Supplies).
RECOMMENDATION
Public Works recommends approval of Purchase Award to American Traffic Products & Services in the
amount of $16,040.00 for the City's yearly supply o f reflective sign sheeting.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:October 19, 2011
SUBJECT:AGENDA ITEM 8.M.5 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
PURCHASE AWARD/FLUID CONTROL SPECIALTIES, INC.
ITEM BEFORE COMMISSION
Request an award to Fluid Control Specialties, Inc. in the amount of $34,812.00 for the purchase and
delivery of large replacement valves at the City’s Water Treatment Plant for Filter #3. Fluid Contr ol
Specialties, Inc. is the manufacturer’s supplier of the originally installed valves.
BACKGROUND
During the week of October 3, 2011, Water Treatment Plant operators noticed the 30” butterfly drain
valve for Filter #3 was not functioning properly wh en in the closed position. Staff conducted an
investigation, which included a visual inspection v ia a remote camera, and found one leaf of the
butterfly valve fractured and inoperable. The val ve, and eight similar others (one at each filter), were
installed in 1972 during a major plant upgrade. Uti lities staff contacted the valve manufacturer and o ur
pipe material supplier for replacement availability and pricing. According to suppliers, the drain val ve
which was manufactured by “BIF” has been out of production since 1985. In addition to the drain
valve, an inspection also revealed that the 20” butterfly fill valve is also in need of replacement (it is of
the same age, 1970's). Since this filter is current ly empty and out of service, replacing both valves at this
time would be prudent.
Staff solicited quotes from two vendors for furnish ing two valves with associated pneumatic actuators;
from HD Supply (our current material supplier) and from Fluid Control Specialties, Inc. (manufacturer's
supplier). HD Supply did not submit a quote. Fl uid Control Specialists, Inc. (FCSI) provided a quo te
in the amount of $17,406.00 for a set of valves and actuators; (1) 30’ drain valve and (1) 20” fill valve.
FCSI is the regional supplier of valves manufacture d by BIF. Since BIF no longer manufactures valves
in this large size, FCSI is proposing ones manufact ured by DeZurik as direct replacements to the
originals manufactured by BIF. There is a 6 to 7 we ek lead time before for shipping. Given the long
lead time and the fact the valving for the remainin g filters are of similar age, staff is also proposi ng the
purchase of an additional backup set of valves. Th us, the total purchase award is for $34,812. The n ew
valves will have a standard one year manufacturer’s warranty.
Staff recommends, award to Fluid Control Specialtie s, Inc. in the amount of $34,812.00 for the purchas e
and delivery of replacement valves for the Water Tr eatment Plant. The labor, material, and equipment
associated with the actual removal and installation of the two valves will be through a separate bid.
FUNDING SOURCE
Funding is proposed from account #442-5178-536-64.9 0, Water and Sewer Renewal & Replacement
Fund/ Other Machinery and Equipment, in the amount of $34,812.00, after a budget transfer.
RECOMMENDATION
Staff recommends award to Fluid Control Specialties , Inc. in the amount of $34,812.00 for the purchase
and delivery of new replacement valves for Filter #3 at the Water Treatment Plant.
FLUID CONTROL SPECIALTIES
2716 N. FINANCIAL COURT
SANFORD, FL. 32773 Ph: 407-302-5611 Fax: 407-302-5612
Email: richard.geibert@fluidcontrolspec.com
10/17/2011
Scott,
Please see your direct quote below. If you wish to order through a supply hou se, please add their
markup. Thank you.
1-20” DeZurik BAW, AWWA C504 150B BFV which is a direct replacement for the B IF, Flanged,
EPDM seat, 5’(to be verified) extended bonnet, with K-Tork Pneumatic op erator sized at 25psi
line pressure and a minimum of 80 psi available air supply and all adaption. No con trols are
included.
$5,890.00 net each
1-30” Ditto less the 5’ extended bonnet
$11,516.00 net each
Notes
1. Freight is included
2. Startup is $900.00 if required?
3. Lead time is 6-7 weeks to ship from Minnesota
Sincerely,
Rich Geibert
Proudly Representing
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David Boyd, Finance Director
Patsy Nadal, Purchasing Manager
THROUGH:David Harden, City Manager
DATE:October 18, 2011
SUBJECT:AGENDA ITEM 8.M.6 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
PURCHASE AWARD/SENTRY INDUSTRIES
ITEM BEFORE COMMISSION
City Commission is requested to approve a blanket p urchase order valid from November 2011 thru
09/30/2012 in the amount of $257,000. for purchase and delivery of Sodium Hypochlorite “as needed ”
from Sentry Industries.
BACKGROUND
Sodium hypochlorite (NaOCl), a chemical compound co nsisting of sodium, oxygen, and chlorine, is
commonly called chorine and is mass produced by the chlorination of soda ash. It is used on a large
scale to prevent algae and shellfish growth in the water cooling towers and as an essential disinfecta nt
for our water supply.
Past vendors who have supplied this chemical to the Water Treatment Plant were very
problematic. Failure to make timely deliveries as r equired was one of the complaints that was not
acceptable. We have solicited quotes from three su ppliers and received the following response:
Sentry Industries $0.76 per gal lon
Harcros Chemicals, Inc. $1.12 per gallon
Odyssey Manufacturing No response
The pricing of $0.76 per gallon from Sentry represe nts a price decrease of $0.02 per gallon compared t o
last year’s cost of $0.78 per gallon. This pricing includes p roviding storage tanks with secondary
containment to be maintained by the City.
Sentry Industries has consistently met the requirem ents on service and quality of product.
FUNDING SOURCE
441-5122-536-52-21 WATER CHEMICALS
RECOMMENDATION
Staff recommends an award to Sentry Industries for purchase and delivery of bulk Sodium Hypochlorite
at an estimated annual cost of $257,000. @ $.76 per gallon as quoted in the official email offer dated
10/17/2011.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David Boyd, Finance Director
Patsy Nadal, Purchasing Manager
THROUGH:David Harden, City Manager
DATE:October 18, 2011
SUBJECT:AGENDA ITEM 8.M.7 - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
PURCHASE AWARD/TANNER INDUSTRIES, INC.
ITEM BEFORE COMMISSION
The City Commission is requested to approve a blank et purchase order valid from 10/01/2011 thru
09/30/2012 in the amount of $31,000.00 @ $0.65 per pound per quote dated 10/18/2011 for the
purchase and delivery of anhydrous ammonia “as need ed” from Tanner Industries, Inc. via City of Port
Orange, FL bid number B 10-16.
BACKGROUND
Anhydrous ammonia is used in the water treatment pr ocess in conjunction with chlorine to produce to
produce chloramines, which provides a disinfectant residual in the drinking water.
Tanner Industries, Inc. $0.65 per pound delivered
Airgas $0.68 pe r pound delivered
Tanner Industries, Inc. has agreed to extend to the City of Delray Beach the price of $.65 per pound v ia
the City of Port Orange, FL, bid number B10-16 for the supply and delivery of anhydrous ammonia as
stated on attached letter dated October 18, 2011. T his price would be valid for the period of October 01,
2011 thru September 30, 2012. No increase in pricin g for this fiscal year.
Tanner Industries, Inc. is the City’s current vendor and the product per the Water Trea tment Plant
Manager, has been consistently of good quality with on time deliveries.
FUNDING SOURCE
441-5122-536-52.21
Water/Sewer/Chemicals
RECOMMENDATION
Staff recommends award to Tanner Industries, Inc. f or the purchase of anhydrous ammonia via the City
of Port Orange, FL, bid number B10-16 at $0.65 per delivered pound for an estimated an nual usage in
the amount of $31,000; contingent upon execution of a City Standard Agreement as approved by the
City Attorney.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
CONDITIONAL USE REQUEST/DELRAY COMMUNITY PHARMACY
ITEM BEFORE COMMISSION
The item before Commission is consideration of a co nditional use request to allow, within the Mixed
Residential, Office and Commercial (MROC) zoning di strict, the construction of a drive-thru lane at the
Delray Community Pharmacy, located at 1601 South Co ngress Avenue.
BACKGROUND
This item is a conditional use request to establish a drive-thru pharmacy and retail facility which will
include a 3,599 sq. ft. pharmacy and two retail bay s consisting of 1,253 sq. ft. and 1,144 sq. ft. The
drive-thru lane will be open seven days a week from 9:30a m to 7:00pm and is consistent with the
pharmacy hours. There will be up to five full-time employees available to work either at the phar macy
or the drive-thru lane. There will be one per diem driver and one part-time pharmacist. All pharmacies
are required to be staffed by a state licensed phar macist and comply with the “pharmacy” definition in
“Appendix A” of the Land Development Regulations.
The property is located at 1601 South Congress Aven ue (southeast corner of Congress Avenue and
Linton Boulevard). It is 0.827 acres and contains a 4,830 sq. ft. automotive repair and service center (to
be demolished) which was built in 1980. The parcel has a Future Land Use Map (FLUM) designation of
Congress Avenue Mixed Use (CMU) and a zoning design ation of Mixed Residential Office and
Commercial (MROC). Per LDR Section 4.4.29(E)(3), a drive-thru lane associated with a permitted
primary use is subject to conditional use approval.
REVIEW BY OTHERS
The Planning and Zoning Board considered the condit ional use request to allow a drive-thru lane
associated with Delray Community Pharmacy at their meeting of October 17, 2011. The Board
unanimously recommended approval.
RECOMMENDATION
Approve the Conditional Use request to allow a drive-thru lane for Delray Community Pharmacy, 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 Comprehensi ve Plan and meets criteria set forth in Section 2.4 .5
(E)(5), and Chapter 3 of the Land Development Regul ations, subject to the following condition:
1.The “lot coverage” category on the plan be revised to indicate the act ual 59.6% per the code
definition, not the building footprint percentage o f 16.6%.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST TO ALLOW DRIVE-THRU LANES
FOR DELRAY COMMUNITY PHARMACY
1. This conditional use request has come before the Ci ty Commission on
November 1, 2011. The conditional use request is to d emolish the existing use and
establish a drive-thru pharmacy and retail facility at 1601 South Congress Avenue.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertainin g to the conditional use
request for Delray Community Pharmacy. All of the ev idence is a part of the record in
this case. Required findings are made in Sections I and II below.
I. COMPREHENSIVE PLAN
A. FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent w ith the land use designation.
Are the requirements of the Future Land Use Map met ?
Yes _________ No_________
B. Concurrency : Facilities which are provided by, or through, the C ity shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Are the concurrency requirements met with respect t o water, sewer,
drainage, streets and traffic, parks, open space, s olid waste and schools?
Yes _________ No_________
C. Consistency : Compliance with performance standards set forth in
Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use
request shall be the basis upon which a finding of overa ll consistency is to be made.
Other objectives and policies found in the adopted Comp rehensive Plan may be used in
making a finding of overall consistency.
1. Future Land Use Element Objective A-1 : Property shall be
developed or redeveloped so that the future use and intensity is appropriate in terms of
soil, topographic, and other applicable physical considera tions; is complementary to
adjacent land uses; and fulfills remaining land use need s.
Are the consistency requirements met such that the proposed project is
complementary to and compatible with adjacent land uses and the
beneficial aspects of the project outweigh the nega tive impact of identified
points of conflict?
Yes _________ No_________
II. LDR REQUIREMENTS
A. Section 2.4.5(E)(5) requires certain findings : The conditional use will
not:
1. Have a significantly detrimental effect upon the st ability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes __________ No_________
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the conditional use application was submitted.
4. The City Commission finds there is ample and compete nt 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 r eports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Co mmission approves _____
denies ___ the conditional use application subject to th e conditions attached hereto in
Exhibit “A” and hereby adopts this Order this 1st day of November, 2011, by a vote of
_____ in favor and ____ opposed.
________________________________
Nelson S. McDuffie, Mayor
ATTEST:
_______________________________
Chevelle Nubin
City Clerk
EXHIBIT “A”
Conditions Related to Delray Community Pharmacy
1. The “lot coverage” variable shall be revised to indi cate the actual 59.6%
proposed per to the code definition, not the buildin g footprint (16.6%).
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
REQUEST FOR IN -LIEU PARKING SPACES/ATLANTIC OCEAN CLUB
ITEM BEFORE COMMISSION
The item before the City Commission is a request fr om Atlantic Ocean Club for the purchase of eight
(8) In-lieu of parking spaces and associated paymen t agreement in the amount of $124,800.
BACKGROUND
The Atlantic Ocean Club, located at 217 East Atlant ic Avenue has submitted a request for the purchase
of eight (8) in-lieu of parking spaces, and the associated payment agreement, to accommodate the
conversion of use of the second floor office to res taurant. Land Development Regulations (LDR)
Section 4.4.13(G) requires the provision of the dif ference of 6 parking spaces per 1,000 sq. ft., for
restaurant, (18.91), and 1 space per 300 sq. ft. f or office, (10.51). The 3,153 square foot conversi on
requires eight (8) spaces, (18.91-10.51=8.40), at a cost of $15,600 per space for a t otal of $124,800. If
approved, the applicant would like to pay via an In -Lieu of Parking Fee Payment Agreement to be paid
in accordance with LDR Section 4.6.9(E)(3).
In May, 2011, a request to the PMAB for the purchas e of two (2) in-lieu of parking spaces, to
retroactively accommodate the completed installatio n of a kitchen and refrigeration system on the
second floor, totaling 728 sq. ft., was pulled from the agenda by the applicant. The resubmitted
application presented at the July 26, 2011 PMAB me eting, introduced additional seating on the second
floor and patios adjacent to Atlantic Avenue, incre asing the conversion to 1,572 sq. ft., thereby
increasing the request to four (4) spaces. During t he deliberations of the revised plan it was stated
that the combination of office and restaurant on on e floor could not work well, nor was it compliant
with the LDR, which requires restaurant parking cal culated at total floor area. The CRA's position was
that the whole floor should be calculated as resta urant. After lengthy discussion with the PMAB, the
applicant withdrew the submittal for further revisi on.
At the September 27, 2011 PMAB meeting, the item wa s once again presented as a full conversion of
the 2nd floor to restaurant, less one small office area for the management of the restaurants/clubs wi thin.
The revised plan includes 5 hibachi tables, two (2) bars plus several two (2) seat tables throughout t he
floor including two balconies. Staff has long held the position that the approval of excessive in-lieu of
parking spaces, (29 with this approval), to a singl e property is unfair to neighboring businesses give n
the limited resources to accommodate the growing nu mber of vehicles. After much deliberation, the
PMAB recommended approval of the applicant's reques t for the conversion of use.
While not supportive of the request, if approved, S taff recommends that a Traffic Demand Management
(TDM), program be instituted in accordance with LDR Section 2.4.3(E)(3) which states, “A land use
application, which will add use area or establish a new use, that will result in the addition on the
premises of more than 50 employees, located in the City’s TCEA (Transportation Concurrency
Exception Area), shall include submittal of a progr am to implement employer-based TDM
(Transportation Demand Management) activities. Thes e activities may include, but are not limited to,
ride sharing, van pooling, and flexible work hours.” While the existing LDR TDM code provision is
vague, the Parking Study offers several options tha t should be investigated. Staff would encourage the
applicant work with Staff to look at programs that will mitigate traffic to this site.
REVIEW BY OTHERS
The Parking Management Advisory Board, at its meeti ng of October 25, 2011, recommended approval
in an 8-3 vote, (Marincloa, Gergen and Gimmy dissen ting).
Consensus of the Community Redevelopment Agency wa s the entire floor be calculated at restaurant
parking requirement, citing challenges of successfu lly operating this combined use while maintaining
separation.
The Downtown Development Authority, at its meeting of October 11, 2011, recommended approval of
the applicant's request.
RECOMMENDATION
By motion, deny the request from Atlantic Ocean Clu b for the purchase of eight (8) in-lieu of parking
spaces and associated payment agreement, by adoptin g findings of fact and law contained in the staff
report, and finding that the request and approval t hereof is inconsistent with the Comprehensive Plan
and fails to meet criteria set forth in Sections 4.6.9(E)(3) of the Land Development Regulations.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUESTS FOR
ATLANTIC OCEAN CLUB
1. This in lieu parking fee request for the purchase of 8 parking spaces in-
lieu has come before the City Commission on November 1, 2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for
Atlantic Ocean Club. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant LDR Section 4.6.9(E)(3), when additional pa rking is required due to
expansions of use to an existing building and it is impo ssible or inappropriate to provide
such parking the City Commission may approve the payment of an in lieu fee rather
than provide the required parking. In the case of exp ansions of use, no existing parking
spaces may be eliminated.
Does the In Lieu Parking Fee request for the purchase of 8 parking spaces in-
lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed
below?
At $15,600 per space totaling $124,800. Payment is due 50% ($62,400.00)
upon execution of the Agreement, 25% ($31,200.00) o n the 2nd anniversary
and 25% ($31,200.00) on the 3rd anniversary of the Agreement.
Yes_____ No______
3. The City Commission hereby finds that the In Lieu Parking Fee Requests
meet the requirements of 4.6.9(E)(3) of the Land Dev elopment Regulations, with the
conditions listed above, if any, and the City Commission has applied the
Comprehensive Plan and finds that its determinations set forth in this Order are
consistent with the Comprehensive Plan and Land Develop ment Regulations.
2
4. The City Commission finds there is ample and compete nt 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 r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ____
denies ____ the in lieu parking fee requests as set forth above.
6. Based on the entire record before it, the City Co mmission hereby adopts
this Order this 1 st day of November, 2011, by a vote of _____ in favor and
____opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
______________________________________________________________________________
IN-LIEU OF PARKING FEE/REIMBURSEMENT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the ____ day of ___________, 201_,
by and between THE CITY OF DELRAY BEACH , a Florida municipal corporation of the
State of Florida (“City ”), and ______________________, owner of the property (“Owner ”).
WHEREAS , Owner is the owner of certain real property located at 217 east At lantic
Avenue, Delray Beach, Florida, 33444, and referred to herein as the “Property”; and
WHEREAS , Owner has applied to the City for approval for the conversion of use from
office to restaurant on the Property; and
WHEREAS , as a condition of approval for the development on the Property, Owner
must provide certain parking as required under the Land Development R egulations of the City .
Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission
may approve the payment of a fee to the City in-lieu of providing required parking; and
WHEREAS , Owner has requested that the City Commission approve the payment of a
fee to the City in lieu of providing eight (8) of the required parking spaces for t he development
of the Property and the City Commission has approved this request; and
WHEREAS , Section 4.6.9(E)(3) of the Land Development Regulations also provides
that the in-lieu parking fee shall be Fifteen Thousand Dollars ($15,600) per par king space; and
WHEREAS , the parties desire to enter into this Agreement in order to conf irm the terms
of the in-lieu fee and reimbursement.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and
conditions contained in this Agreement, and other good and valuable considerat ions, the receipt
2
and sufficiency of which are hereby acknowledged, the parties heret o, intending to be legally
bound, hereby agree as follows:
1. The parties hereby represent and warrant that the foregoing recitals are accurate
and correct and hereby incorporate them in this Agreement.
2. The Property to which this Agreement applies is legally described as follows:
See Attached Exhibit “A”.
3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land
Development Regulations, it has approved the payment of the fees de scribed in this Agreement
in-lieu of providing eight (8) of the required number of parking spaces for the development of the
Property.
4. Owner shall pay to the City a total in-lieu of parking fee of One Hundred and
Twenty Four Thousand and Eight Hundred dollars ($124,800) (which represents $15,600 pe r
parking space). The total fee shall be paid as follows:
(a) One payment in the amount of Sixty Two Thousand and Four Hundred
and 00/100 dollars ($62,400.00) by check delivered to the City upon execution of this
Agreement by the Owner .
(b) Two payments, each in the amount of Thirty One Thousand and Two
Hundred and 00/100 dollars ($31,200.00), due on the second and third anniversary of the
date of this Agreement.
(c) Each payment shall be made to:
Finance Department
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
5. In the event Owner fails to make the payment in the time allowed, the City shall
provide written notice by certified mail, return receipt reques ted to Owner at _____________,
_________________________, Delray Beach, FL, ______, or at such other address as may be
designated by Owner by written notice to the City . The City’s notice shall request that Owner
make the past due payment no later than thirty (30) days from the date the notice is received.
Failure of Owner to remit payment within this thirty (30) day period shall be de emed breach of
3
this Agreement. The City shall thereby be entitled to file suit in a court of law see king all
payments due, interest, costs, and attorneys’ fees.
6. All of the terms and provisions of this Agreement shall be bi nding upon, inure to
the benefits of and be enforceable by, the parties to this Agr eement and their respective
successors, legal representatives, and assigns.
7. This Agreement shall constitute the entire agreement of the parties with respect to
the subject matter of this Agreement. All prior understandings and agreements between the
parties with respect to such matters are merged into this A greement, which alone fully and
completely expresses their understanding.
8. This Agreement may not be amended, modified, altered, or changed in any
respect, except by a further agreement in writing duly exec uted by each of the parties to this
Agreement.
9. This Agreement is not valid unless signed by the City’s Mayor and City Clerk.
10. This Agreement shall be governed by the laws of the State of Florida and venue
shall be in Palm Beach County.
11. This Agreement shall be recorded in the Public Records for P alm Beach County,
Florida.
IN WITNESS WHEREOF , the parties to the Agreement have caused this
Agreement to be duly executed on their behalf as of the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: ____________________ By:_________________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Form:
By:_____________________
City Attorney
WITNESSES: OWNER:
_____________________________ By:_______________________________
Print Name:___________________
_____________________________
Print Name:___________________ (CORPORATE SEAL)
4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ____ day of __________,
2008 by ___________________________ (name of officer or agent, title of officer or agent) of
__________________________ (name of corporation acknowledging), a _________________
(state or place of incorporation) corporation, on behalf of the corpor ation. He/She is personally
known to me or has produced ________________________ as identification.
_________________________________
Signature of Notary Public - State
of Florida
The Atlantic Ocean Club
Subject
Property
Atlantic Avenue
NE
2
nd
Av
e
n
u
e
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Richard C. Hasko, P.E., Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:October 24, 2011
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
JOINDER TO MEMORANDUM OF UNDERSTANDING/MULTIPLE AGENCIES
ITEM BEFORE COMMISSION
Staff requests Commission approval of a Joinder to the Memorandum of Understanding (MOU)
between the South Florida Water Management District (SFWMD), Palm Beach County, Lake Worth
Drainage District (LWDD) and the City of Fort Laude rdale regarding the C-51 Water Supply & Water
Quality Reservoir Planning and Development (C-51 Pr oject).
BACKGROUND
As a result of severe drought conditions and increa sing competition for water resources in South Flori da
over the past several years, agencies responsible f or managing regional water resources, such
as SFWMD, have implemented rules severely restricti ng water availability for consumptive uses. Many
public and private water utilities, commercial agri cultural concerns, nurseries and ornamental irrigat ion
users in the region historically rely on the shallo w aquifer for water resources. While the natural w ater
cycle in South Florida has historically provided ad equate annual rainfall to recharge and maintain
ground water levels, the impact of greenhouse gases and possible climate change together with
increasing demand is expected to reduce the reliabi lity of annual rainfall to provide sustainability f or
regional water resources. Exacerbating this proble m is the volume of rainfall lost to tide annually d ue to
regional water management systems that are designed primarily to prevent flooding.
In order to maintain adequate water supplies in the above described environment, water providers
have focused efforts and financial resources on a c ombination of water conservation programs and
development of sustainable alternative water resour ces such as reverse osmosis, desalination and
reclaimed water for irrigation. In acknowledgment of these investments, SFWMD has
increased Consumptive Use Permit (CUP) terms to twe nty (20) years. While these programs and
projects have succeeded in reducing reliance on the shallow aquifer to some degree, they tend to be
expensive and are limited in the extent to which th ey can provide sustainability for future demand.
An alternative long term solution to maintaining gr ound water levels has evolved over the past few
years in the form of rock pit excavation at the wes tern extremity of the C-51 Basin at Twenty Mile Bend
in northwestern Palm Beach County to create large s cale storm water reservoirs. The proposal includes
design of pumping facilities to convey water from r ainfall events to the proposed C-51 reservoir rather
than allowing excess rainfall to overflow to tide t o the east. The water from the reservoir would be
pumped back into the LWDD canal system via the C-51 and E-1 canals where it will flow southward,
maintaining canal and ground water elevations throu gh southern Palm Beach County and beyond into
Broward County.
Preliminary studies and reports have been performed by consultants for the County as well as by
SFWMD which indicate the feasibility of the propose d system to provide adequate flows for ground
water level maintenance throughout the planning are a. While the proposal is still in a preliminary ph ase
with much work remaining to be done, the concept is technically sound and has significant potential fo r
providing a long term reliable and sustainable meth od for maintaining the shallow aquifer resource.
This, of course, will benefit all water utilities r eliant on ground water resources for potable and ot her
consumptive uses.
The attached MOU between Palm Beach County, SFWMD, LWDD and the City of Fort Lauderdale
establishes the commitment of those entities to con tinuing project development to their mutual benefit .
Other water providers are being asked to consider a pproving a Joinder to this MOU since they will
receive direct benefit from its implementation. To date, Boynton Beach has approved a Joinder. There
is no financial obligation incurred by this Joinder . It simply expresses the City's desire to maintain
involvement in the project as a potential beneficia ry. It is recognized that, at some point, agreemen ts
will be required from utilities that will establish levels of financial contribution for project const ruction.
However, that will be a future consideration for wh ich budgets can be programmed to accommodate.
Staff agrees that this project has the potential fo r providing the long term sustainability required f or
continued reliance on ground water resources rather than the expensive development of alternative
water resources and recommends approval by Commissi on.
RECOMMENDATION
Staff recommends approval of the Joinder to the Mem orandum of Understanding.
JOINDER BY THE CITY OF DELRAY BEACH
THIS JOINDER is executed on this _____ day of ______________________, 2011, by
THE CITY OF DELRAY BEACH , a MUNICIPALITY (insert legal entity status, e.g.,
political subdivision, Florida Corporation, Municipalit y). Terms not defined herein shall
have the meaning ascribed to them in the Memorandum of Understanding (“MOU”)
between the South Florida Water Management District, Palm Beach County, Lake
Worth Drainage District, and the City of Fort Lauderd ale regarding the C-51 Water
Supply & Water Quality Reservoir Planning and Develo pment, which is attached hereto
and incorporated herein.
WHEREAS, THE CITY OF DELRAY BEACH wishes to join the MOU to
participate in the actions and obligations identified as the responsibility of the PARTIES
and UTILITY PARTIES.
NOW, THEREFORE, THE CITY OF DELRAY BEACH hereby agrees as follows:
1. The foregoing recital and those contained in the MO U are true and correct
and incorporated herein by reference.
2. THE CITY OF DELRAY BEACH hereby joins in the MOU to undertake all or
part of the obligations of the PARTIES and UTILITY P ARTIES but such
joinder shall not be construed as assumption of such oblig ations by THE
CITY OF DELRAY BEACH .
3. This joinder shall be effective as of the date first written above and shall be
binding upon THE CITY OF DELRAY BEACH and its successors and
assigns.
IN WITNESS WHEREOF, this Joinder has been executed, the day and year first
above written.
ATTEST: CITY OF DELRAY BEACH FLORIDA
By:
City Clerk Nelson S. McDuffie, Mayor
Approved as to form:
City Attorney
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:October 24, 2011
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
SETTLEMENT OFFER IN ILENIA JOSEPH V. CITY OF DELRAY BEACH
ITEM BEFORE COMMISSION
Settlement offer in the claim of Ilenia Joseph in t he amount of $20,000.00.
BACKGROUND
This is a claim where a City Fire Department employ ee pulled out in front of Ms. Joseph, in a City
vehicle, while exiting Fire Department headquarters and struck Ms. Joseph’s vehicle. Ms.
Joseph sustained injuries to her back (cervical bul ges) and shoulder. The cost of her medical treatme nt
to date is approximately $17,300.
RECOMMENDATION
Approve the settlement offer subject to the receipt of the appropriate releases.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
SPECIAL EVENT REQUEST/TREE LIGHTING ON THE AVE
ITEM BEFORE COMMISSION
City Commission is requested to approve a special e vent permit for the Tree Lighting On the Ave
scheduled for December 1, 2011 from 5:00 p.m. to 10 :30 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE/SE 6 th Avenue, and to the alley
north of Atlantic Avenue on NE 1 st Avenue, NE 2 nd Avenue, Railroad Way, and NE 4 th Avenue and
from Atlantic to the alley south on SE 1 st Avenue, SE 2 nd Avenue, SE 3 rd Avenue and SE 4 th
Avenue. Commission is also requested to authorize s taff support for security, traffic control, banner
hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance, fire
inspection services and use of the large City stage .
BACKGROUND
Attached are the special event permit request, budg et, site plan, Tree Lighting schedule and economic
calculator for this event received from the Delray Beach Marketing Cooperative. On the Avenue
sponsored by the Delray Beach Marketing Cooperative and the Tree Lighting sponsored by the City are
again being combined into one event. Entertainment will be located at various locations along Atlantic
Avenue as well as at the Tree, per the site plan. M s. Martin is requesting the addition this year of a
Dinner in the Sky attraction. Information on this i tem is attached. She estimates that if this item is
allowed, an additional $20,000 in sponsor revenue w ill be generated. Staff has some concerns with the
Dinner in the Sky addition. These concerns are safe ty related and with the arrival of Santa on a
helicopter having enough space available for attend ees. Last year the pavilion area was packed with
people. This is the proposed location for the “Dinn er in the Sky”.
The estimate of overtime cost for this event is $12 ,630 of which $5,050 is assigned to the Tree Lighti ng
and $7,580 for On the Avenue. These cost estimates will be lower if we do not do the “Dinner in the
Sky”. Based on Special Event Policies and Procedures the Downtown Marketing Cooperative will pay
35% of their share of the overtime costs or $2,655. The DMC will provide trash boxes. The stage as
well as barricade is being used by the City for the Tree Lighting, therefore, there is no charge for t he
stage use or barricade rental.
RECOMMENDATION
Staff recommends approval of the of the special eve nt permit, the temporary use permit, street closure ,
and staff support as requested with payment of cost s to the City per the agreement with the Delray
Beach Marketing Cooperative contingent on the recei pt of a Hold Harmless Agreement and Liability
insurance agreement by November 23 rd . Staff does not support approval of the “Dinner in the Sky ”
attraction.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:October 26, 2011
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
SPECIAL EVENT REQUEST/50TH ANNUAL DELRAY AFFAIR
ITEM BEFORE COMMISSION
City Commission is requested to endorse the 50 th Annual Delray Affair to be held April 13-15, 2012, to
grant a temporary use permit per LDR’s Section 2.4.6 (F) for use of City property and rights-of-way as
requested including Atlantic Avenue from SW 2 nd Avenue to Palm Square, to provide staff support as
outlined in the attached letter and permit, to allo w event banners to be hung within the site area and
event signage be put up fourteen (14) days prior to the event, to provide trash boxes and use of a Cit y
generator, to allow all vendor permits to be assign ed and approved by the Chamber of Commerce, to
allow this to be the only event held on these dates in the City. The event producer is also requesting
road closures at 4:00 a.m., on Friday, April 13, 20 12 and closure of NE 1 st Avenue from Atlantic
Avenue to the alley north of Atlantic Avenue on Thu rsday, April 12, 2012 at 6:00 a.m., and requesting
use of the North City Hall parking lot and City Att orney’s parking lot for vendor parking on Saturday
and Sunday, April 14 & 15, 2012 and other parking l ots in the Downtown for all three (3) days. The
event producer is also requesting waiver of parking time restrictions in the Downtown area during the
event dates.
BACKGROUND
Attached is a letter and event permit received from Nancy Stewart for this year’s Delray Affair. Also
attached are a basic site plan, budget and economic calculator.
Staff has reviewed the request from the Chamber of Commerce for the Delray Affair. We support the
request with the following conditions:
1.Allow banners to be placed within confines of the e vent site as may be approved by the
Community Improvement Director, as well as event si gnage per LDR’s Section 4.6.7(F) (3)(f)
and (g).
2.Receipt of a Certificate of Event Liability and A lcohol Liability Insurance by March 30, 2012.
3.Alcohol sales must be contained in a beer garden with security.
4.Not allow vendor parking in Veterans Park as requ ested due to business needs.
5.Copies of signed rental agreements with Old School Square and the City for use of Old School
Square Park by March 30, 2012.
6.Only allow use of City Attorney lot for vendor park ing on Saturday and Sunday, April 14 & 15,
2012. (City Hall lot will be used for paid parking on these dates.) Use of other lots requested for
vendor parking will be non-exclusive.
Estimated overtime cost for this event is approxima tely $39,872; barricade rental is approximately
$2,370, trash box cost $525 and event signage $250. Per event polices and procedures the Chamber of
Commerce would be required to pay approximately $33 ,049 for City costs; 75% of overtime costs and
100% of all other costs.
RECOMMENDATION
Staff recommends approval of the special event perm it, street closures as requested including Atlantic
Avenue from S.W. 2 nd Avenue to Palm Square , use of City parking lots as requested for vendor and
sponsor parking except Veterans Park lot, staff sup port for this event and allow this to be the only e vent
held per conditions listed above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
APPOINTMENT TO THE POLICE ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Police Advisory Board.
BACKGROUND
There is a vacancy on the Police Advisory Board for a regular member due to the resignation of Mr.
Shelly Weil. The term is unexpired ending July 31, 2013.
In order to qualify for appointment, a person shall be either a resident of, own property, own a busin ess
or be an officer, director or manager of a business located within the City of Delray Beach. Membershi p
shall include a diverse cross section of the commun ity; business owners, religious and faith based
organizations, youth, school officials and local or ganizations, where feasible.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Annette Annechild Resident
LeaAnne DeRigne Resident (currently serving on the Education Board)
Mercatur Guerrier Resident
John Jackson Resident
Samuel Menard Resident
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered w ith the exception of Mr. Guerrier and Mr. Menard.
Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one
(1) regular member to serve an unexpired term endin g July 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Police Advisory Board for an
unexpired term ending July 31, 2013.
POLICE ADVISORY BOARD
10/11
TERM EXPIRES NAME & ADDRESS
07/31/13
Appt 06/21/11
DeAnna Longo
07/31/12
Unexp Appt 08/16/11
Wyana Claxton
07/31/12
Appt 07/20/10
Ellen Major-Hanna
07/31/12
Unexp Appt 08/02/11
Robert Shell
07/31/13
Unexp Appt 04/20/10
Reappt 06/21/11
Matthew Monahan
07/31/13
Unexp Appt
Vacant
07/31/12
Unexp Appt 01/05/10
Reappt 07/20/10
Carl Forrest, Chairperson
07/31/12
Unexp Appt 09/20/11
Walter Earley
07/31/12
Appt 07/20/10
Edith Thompson
07/31/13
Appt 06/21/11
Catherine DeMatto
07/31/13
Unexp Appt 01/05/10
Appt 08/02/11
Kevin Warner
07/31/13
Appt 06/21/11
(Student)
Elisha Porter
07/31/12
(Student)
Vacant
Contact: Venice Cobb 243-7056
S/City Clerk/Board 11/Police Advisory Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
APPOINTMENT TO THE EDUCATION BOARD
ITEM BEFORE COMMISSION
This is tem is before the City Commission for an ap pointment to the Education Board.
BACKGROUND
There is a vacancy on the Education Board for a reg ular member due to the resignation of Ms. Sandra
Weatherspoon. The term is unexpired ending July 31, 2012.
Members of the Education Board must be a resident o f the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include pers ons with a background in business, real estate
and/or education.
The following individuals have submitted applicatio ns 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. Ms. Hanan is registered to Vote in New York.
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 endin g July 31, 2012.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Eduation Board for an unexpired
term ending July 31, 2012.
10/11 EDUCATION BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION
07/31/2013
Appt 07/05/11
LeAnne DeRigne
Educator
07/31/2012
Unexp Appt 04/21/11
Jose Herrera
Special Events Coordinator
07/31/2012
Appt 07/15/08
Reappt 07/20/10
Derline Pierre-Louis, Vice Chair
President/Plan & Budget
Reviewer
07/31/2012
Unexp Appt 10/19/10
Amanda Orndorff
Educator
07/31/2012
Appt 07/20/10
Debra Kaiser
Senior Director
07/31/2012
Unexp Appt
Vacant
7/31/2013
Unexp Appt 10/06/09
Reappt 06/21/11
Lydia Carreiro
Educator
07/31/2013
Appt 08/02/11
Shannon Schwartz
Educator
07/31/2013
Appt 06/21/11
Isabel Make
Educator/Consultant
07/31/2013
Appt 08/02/11
Lee Cohen
Educator
07/31/2013
Unexp Appt 12/07/10
Reappt 06/21/11
Myra Leavy Bazemore
Educator
STUDENT MEMBERS (one term limit)
7/31/2013
Appt 06/21/11
2 YEAR TERM
Madison Aracri
Student
7/31/2012
Appt 07/19/11
1 YEAR TERM
Trevis Pridgen
Student
CITY REPRESENTATIVE: Janet Meeks – Education Coordinator 243-7231
COMMISSION LIAISON:
EDUCATION BOARD
EXHIBIT A
Mary-Elizabeth Cohn Education/Sales & Consultant
Claudia Flores Banking-Assistant Vice President
Miriam Hanan Retired-Principal
Julia Kadel Director of Admissions
Sandra Owens Educator
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
APPOINTMENT TO THE FINANCIAL REVIEW BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Financial Review Board.
BACKGROUND
There is a vacancy on the Financial Review Board fo r a regular member due to the resignation of Mr.
Bradley Winney. The term is unexpired ending July 3 1, 2012. Please note that Ms. Sharon Roth and Mr.
David Stein are alternate members and would like to be considered for regular membership.
On October 6, 2009, the Delray Beach City Commissio n 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 ser vice expenses, capital outlay, grants to other enti ties
and transfers to other funds or any other items tha t 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 res ponsibilities of analysis of revenues and expenses
and business practices and processes. Resolution N o. 05-11 provided further amendments to clarify that
the Board’s duties shall fall under the direction of the City Manager or the 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, accounti ng professional, finance professional, certified
financial planner, investment advisor, insurance pr ofessional (property/casualty or health), business
owner/manager/officer and someone with an MBA or MP A degree. The remaining four (4) members
may be at large.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Applicants with experience in the professions requi red:
Sharon Roth Business D evelopment Manager Incumbent
David Stein Business Owner Incumbent
Warren Trilling Certified Public Accountant/Retired
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 Frankel (Seat #3) for one
(1) regular member to serve an unexpired term endin g July 31, 2012.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Financial Review Board for an
unexpired term ending July 31, 2012.
FINANCIAL REVIEW BOARD
10/11
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/12
Unexp Appt 08/02/11 reg
Appt 06/21/11 alt
Anthony Cottone
Business
Owner/Finance
07/31/12
Unexp Appt
Vacant
07/31/13
Unexp Appt 04/05/11
Reappt 06/21/11
John Hallahan
Assistant Director of
Operations/Retired
07/31/12
Appt 10/20/09 alt
Appt 07/06/10 reg
Rosalie Blood, Vice Chair
Vice President/
General Manager
07/31/13
Appt 11/03/09
Reappt 6/21/11
Christina Morrison, Chair
Realtor
07/31/13
Unexp Appt 04/05/11
Reappt 06/21/11
Jeff Ritter
Management
Consulting Professor
07/31/12
Appt 07/20/10
Luise Piane
Executive
Management
ALTERNATES
07/31/13
Appt 08/16/11
Sharon Roth
Business
Development
Manager
07/31/13
Unexp Appt 09/06/11
David Stein
Business Owner
Contact: Barbara Flynn X-7115
S/City Clerk/Board 11/Financial Review Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David. T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Code Enforcement Board.
BACKGROUND
There is a vacancy on the Code Enforcement Board fo r an alternate member due to the resignation of
Mr. Stanley Scharf. The term is unexpired ending Ja nuary 14, 2013.
All members of the Code Enforcement Board must be r esidents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields o f
zoning and building control. The regular and altern ate membership of the Board shall, whenever
possible , include an architect, a business person, an engin eer, a general contractor, a subcontractor and a
realtor.
The following individuals have submitted applicatio ns 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 Alperin (Seat #2) for one
(1) alternate member to serve an unexpired term end ing January 14, 2013.
RECOMMENDATION
Recommend appointment of one (1) alternate member t o serve on the Code Enforcement Board for an
unexpired term ending January 14, 2013.
10/11 CODE ENFORCEMENT BOARD
TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION
FILLING
01/14/2013
Unexp Appt 4/21/11
Jason Dollard
Attorney
Layperson
01/14/2013
unexp Appt 09/05/06
Reappt 01/02/07 Reg
Reappt 01/05/10
Stanley Brodka, Vice Chair
Financial Services Layperson
01/14/2014
Appt 01/03/08 reg
Unexp Appt 10/2/07 alt
Reappt 01/04/11
Kelli Freeman
Staffing Manager
Business
Person
01/14/2013
Unexp Appt 09/06/11
Ronald Gilinsky
Sales/Marketing Layperson
01/14/2012
Unexp Alt Appt 01/07/03
Unexp Reg Appt 04/15/03
Reappt 02/07/06
Reappt 01/06/09
Robert Marks, Chair
Construction General
Contractor
01/14/2012
Unexp Appt 07/05/11
Unexp Appt 05/17/11 alt
Kurt Lehmann
Realtor Realtor
01/14/2012
Unexp Appt 03/01/11
David Boone
Attorney/Educator Layperson
ALTERNATES
01/14/2013
Unexp Appt 08/02/11
Robert Wells
Retired Layperson
01/14/2013
Unexp Appt
Vacant
Contact: Danise Cleckley 243-7213
S/City Clerk/Board 11/Code Enforcement Board
CODE ENFORCEMENT BOARD
EXHIBIT “A”
Name Background
Mark Behar Self Employed – Investor
Beril Kruger Self-Employed – Consultant
Stephanie Sugar Regional Director
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 25, 2011
SUBJECT:AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
APPOINTMENT TO THE BOARD OF ADJUSTMENT
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Board of Adjustment.
BACKGROUND
There is a vacancy on the Board of Adjustment for a n alternate member due to the resignation of Mr.
Kenneth Nordt. The term is unexpired ending August 31, 2013.
The Board of Adjustment shall consist of five (5) r egular members. In addition, there shall be two (2)
alternate members. To qualify for appointment, a pe rson shall be either a resident of or own property in
the City, and/or own a business within the City.
The following individual has submitted an applicati on and would like to be considered for
appointment:
Brenda Cullinan
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and she is registered. Based on the rotation system, the appointment will be
made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve an unexpired term
ending August 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) alternate member t o serve on the Board of Adjustment for an
unexpired term ending August 31, 2013.
BOARD OF ADJUSTMENT
09/11
TERM EXPIRES REGULAR MEMBERS OCCUPATION
08/31/13
Appt 08/16/11
Harvey Starin
Real Estate Broker
08/31/2012
Appt 08/19/09 alt
Unexp Appt 02/16/2010 reg
Reappt 09/07/10
Mel Pollack
Retired- Security
08/31/2012
Appt 08/16/11 alt
Unexp Appt 09/20/11
Dale Miller
Interior Desginer
08/31/2012
Unexp Appt 05/17/11
Allen Kilik
Retired-CEO
08/31/2013
Unexp Appt 06/07/11
Appt 08/16/11 reg
Michael Park
Attorney
ALTERNATES
08/31/13
Unexp Appt
Vacant
08/31/2013
Unexp Appt 05/25/10 alt
Appt 08/16/11 reg
Isabelle Alarie
Principal-Landscape Architect
Contact: Venice Cobb x-7056 Send Agenda to: Al Be rg, Donna Quinlan & Brian Shutt
Fax final Board Order to Chairperson for signa ture.
S/City Clerk/Board 11/Board of Adjustment
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:October 20, 2011
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 38 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider an annexation (via the provisions
of the executed Agreement for Water Service and Con sent to Annexation) with initial City zoning of CF
(Community Facilities) for Lago Vista, located at t he southeast corner of Linton Boulevard and the
LWDD E-3 Canal.
BACKGROUND
At the first reading on October 18, 2011, the Commi ssion passed Ordinance No. 38-11.
RECOMMENDATION
Recommend approval of Ordinance No. 38-11 on second and final reading.
ORDINANCE NO. 38-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT
THE SOUTHEAST CORNER OF LINTON BOULEVARD AND
LWDD E-3 CANAL, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
COMMUNITY FACILITIES (CF); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, NME PROPERTIES CORP is the fee simple own er of a 6.12 acre parcel of
land located at the southeast corner of Linton Boulevard a nd LWDD E-3 Canal; and
WHEREAS, pursuant to the Agreement for Water and S ewer Service and Consent to
Annexation and Stormwater Management Assessment exe cuted on March 18,1999 the City of Delray
Beach intends to annex the subject property into the municip al limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter describe d is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore b een authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; an d
WHEREAS, the subject property hereinafter describe d is presently under the jurisdiction
of Palm Beach County, Florida, having a County Futu re Land Use Map (FLUM) designation of
Institutional with an underlying High Residential 8 units per acre (INST/8); and
WHEREAS, the City’s FLUM designation of Community Facilities (CF), as initially
contained on the City’s Future Land Use Map adopted in November, 1989, and as subsequently
amended, is deemed to be advisory only until an off icial Future Land Use Map Amendment is processed;
and
WHEREAS, the designation of a zoning classificatio n is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
2
Ord No. 38-11
WHEREAS, pursuant to LDR Section 2.2.2(6), the Pla nning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 18, 2011, and voted 5 to 0 to
recommend that the annexation be approved with an initial zo ning of Community Facilities (CF) District,
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 determine d that the changes are consistent with and furthers
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, 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 COMMIS SION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated here in.
Section 2. That the City Commission of the City of Delray Be ach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach County, Florid a,
which lies contiguous to said City to-wit:
A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the northeast corner of said Section 26; thence along the North line of said Section 26,
North 89° 56’ 07” West, a distance of 1967.73 feet t o a point on the South right-of-way line of Linton
Boulevard as described in Official Record Book 7818 Page 139, Public Records of Palm Beach County,
Florida, said point being a point of curvature of a curve concave to the South having a radius of 7581 .44
feet; thence along said South right-of-way line and westerly along the arc of said curve, through a ce ntral
angle of 01° 46’ 47”, a distance of 235.48 feet to a non-tangent line and the Point of Beginning; thenc e
South 00° 03’ 53” West, a distance of 712.34 feet to a point on the South line of the North 715.99 feet of
said Section 26; thence along said South line North 89° 56’ 07” West, a distance of 375.71 feet to a po int
on the East line of the West 56.10 feet of the nort hwest quarter of said Section 26; thence along the East
line North 00° 31’ 11” West, a distance of 691.76 fe et to a point on the said South right-of-way line o f
Linton Boulevard; thence along said South right-of-way line North 86° 18’ 21” East, a distance of 121.4 5
feet to a point of curvature of a curve concave to the South having a radius of 7581.44 feet; thence
3
Ord No. 38-11
easterly along the arc of said curve, through a centr al angle of 01° 58’ 45”, a distance of 261.90 feet to t he
Point of Beginning.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined
to include therein the above-described tract of lan d, and said land is hereby declared to be within th e
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immedia tely become subject to all
of the franchises, privileges, immunities, debts, o bligations, liabilities, ordinances and laws to whi ch lands
in the City of Delray Beach are now or may be subje cted, including the Stormwater Management
assessment, levied by the City pursuant to its ordin ances and as required by Florida Statutes Chapter 1 97,
and persons residing thereon shall be deemed citizens of th e City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, inc luding adjacent roads, alleys,
or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specif ically initiated by the City pursuant to current
requirements and conditions.
Section 6. That Chapter Two of the Land Development Regulati ons has been followed
in the establishment of a zoning classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in the Community Facilities (CF) Zoning District as defined by
existing ordinances of the City of Delray Beach.
Section 7. That all ordinances or parts of ordinances in con flict herewith be, and the
same are hereby repealed.
Section 8. That should any section or provision of this ordi nance or any portion thereof,
any paragraph, sentence or word be declared by a co urt of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder here of as a whole or part thereof other than the part
declared to be invalid.
Section 9 . That this ordinance shall become effective as fol lows: As to annexation,
immediately upon passage on second and final readin g; as to zoning, upon the effective date of
Ordinance No. 25-11, under which official Future La nd Use Map designation of CF (Community
Facilities) is affixed to the subject parcel herein describ ed.
4
Ord No. 38-11
PASSED AND ADOPTED in regular session on second a nd final reading on this the
_____ day of ___________________, 20___.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:October 5, 2011
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETI NG OF OCTOBER 18, 2011
ORDINANCE NO. 38 -11
ITEM BEFORE COMMISSION
The item before the City Commission is that of approval of a City-initiated Annexation (via the
provisions of an executed Water Service Agreemen t) of the “Lago Vista” property and initial zoning o f
CF for a 6.12 acre site located on the south side of Linton Boulevard west of Delray Medical Center
(Delray Hospital) and east of Canal E-3 (5430 Linton Boulevard).
BACKGROUND
The property under consideration contains a 44,514 square feet nursing home with 120 units (as
reported in the PBC Property Appraisers web-site), which was built in 1984. Its annexation is pursuant
to a modified water service agreement executed on Ma rch 18, 1999. The agreement for a larger parcel
of 56.501 acres stated that the overa ll development will be annexed in phases with the shopping center
to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005
(completed), Fair Oaks property by 2008 (completed), and the Lago Vista property by 2011 (this
property). Along with the annexation, the City is rezoning the property from County RM (Multi-Family
Residential Medium Density) to City CF (Community Facilities) . The property is locate d within the
City’s designated annexation area known as Annexation Area “B”, as noted in Future Land Use
Element Policy B-3.5 of the Comprehensive Plan. The associated Future Land Use Amendment w ill be
considered with the second reading of this annexation and rezoning ordinance. A full analysis of the
proposed annexation, rezoning, and Land Use Amendm ent is provided in the attached July 18, 2011,
Planning and Zoning Board staff report.
REVIEW BY OTHERS
The subject property is not in a geographical area requiring review by the CRA (Community
Redevelopment Agency) or the DDA (Downtown Development Authority). The Planning and Zoning
Board held its public hearing regarding the anne xation, rezoning and FLUM amendment on July 18,
2011 and unanimously (5-0) recommended approval.
Page 1of 2 Coversheet
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Palm Beach County Notice:
On June 17, 2011, Palm Beach County Administrator and Palm Beach County Planning Division were
notified of the City’s intent to annex this property. The County has responded that it has no objections
to the proposed annexation.
Interlocal Plan Amendment Review Committee (IPARC) Notice:
On June 23, 2011 a notice of the Future Land Use Am endment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent municipali ties.
To date, no objections have been received.
Lake Worth Drainage District:
On June 23, 2011, Lake Worth Drainage District was notified of the City’s intent to annex this property.
Lake Worth Drainage District has submitted a letter stating that they do not ha ve any objections to the
proposed annexation.
Courtesy Notices:
Special courtesy notices were provided to th e following homeowners and civic associations:
· Neighborhood Advisory Council
· Delray Citizens Coalition
· Hammock Reserve HOA
· Del-Aire HOA
· Shadywoods HOA
Public Notice:
Formal public notice has been provided to the aff ected property owners as well as property owners
within a 500' radius of the subj ect property. We have received no le tters of objection or support.
RECOMMENDATION
By motion, approve on first reading, Ordinance No . 38-11, annexing and applying an initial zoning o f
CF for the Lago Vista property, by adopting the findings of fact and law contained in the staff report,
and finding that the request is consistent with the Comprehensive Plan, meets the criteri a set forth in
Section 2.4.5(C)(4) of the Land Development Regulations, and complie s with Florida Statutes Chapter
171.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, PrincipaL Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:October 24, 2011
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 25 -11 (SECOND READING/ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2011 -1)
ITEM BEFORE COMMISSION
The item before the City Commission is that of adop tion of Comprehensive Plan Amendment 2011-1.
BACKGROUND
Comprehensive Plan Amendment 2011-1 was approved on first reading on August 2, 2011 a nd
transmitted to the State Land Planning Agency for r eview. The amendment included one (1) city-
initiated Future Land Use Map Amendment and one (1) city-initiated text amendment. The State Land
Planning Agency reviewed the transmitted amendment and did not have any comments.
It is noted that three additional changes are being made prior to adoption to address updates to the
capital improvement schedules for the City and the Palm Beach County School District. The
amendment now includes one (1) city-initiated Futur e Land Use Map Amendment and four (4) city-
initiated text amendments. A brief description of e ach item is provided below and a full analysis is
contained in the attached Comprehensive Plan Amendm ent and support documents.
TEXT AMENDMENTS:
City-initiated: Future Land Use Element - Addition of Policy A-5.4 to require the building and
site designs for all development and redevelopment projects to incorporate Crime Prevention
Through Environmental Design (CPTED) standards to t he greatest extent possible.
The City’s Five-Year Capital Improvements Schedule (Table CI-CIP) has been updated to
FY2012-FY2016;
The Palm Beach County School District’s Capital Imp rovement Schedule (Table SD-CIP) has
been updated FY2012-FY2016;
The City’s Reclaimed Water Capital Improvement Sche dule (Table RW-CIP) has been updated to
FY2012-FY2016
FUTURE LAND USE MAP AMENDMENT:
City-initiated Future Land Use Map amendment to assign a City Future Land Use Map
designation concurrently with the annexation of “La go Vista”, containing approximately 6.12
acres of property, located at the southeast corner of Linton Boulevard and the E-3 Canal. The
current County Land Use Map designation is INST/8 (Institutional with an underlying High
Residential of 8 units per acre) and the proposed C ity designation is CF (Community Facilities).
REVIEW BY OTHERS
The Planning and Zoning Board held its public heari ng regarding the Comprehensive Plan Amendment
on July 18, 2011. No one from the public spoke on t he amendment. The Board voted 5-0 to recommend
approval of Comprehensive Plan Amendment 2011-1, by adopting the findings of fact and law
contained in the staff report and finding that the Future Land Use Map amendment and approval thereof
is consistent with Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Fi ndings), and the Goals, Objectives, and Policies
of the Comprehensive Plan.
RECOMMENDATION
By motion, approve on second reading, Ordinance No. 25-11, by adopting the findings of fact and law
contained in the staff report and finding that the proposed text amendment supports and furthers the
Goals, Objectives and Policies of the Comprehensive Plan, and further finding that the Future Land Use
Map amendment is consistent with Future Land Use El ement Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), LDR Section 3.1.1 (Requi red Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan, and transmit th e adopted Amendment to the State Land Planning
Agency.
ORDINANCE NO. 25-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 2011-1, PURSUANT TO THE PROVISIONS OF THE
“COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ENTITLED
“COMPREHENSIVE PLAN AMENDMENT 2011-1” AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVIN G
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the authority gr anted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the
"Community Planning Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did pr epare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2011-1; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, follow ing due
public notice, held a public hearing on July 18, 2011, in accordance with t he requirements of the
"Community Planning Act"; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Boar d,
sitting as the Local Planning Agency, has determined that the chang es are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board,
as Local Planning Agency, recommended to the City Commission that t he proposed
Comprehensive Plan Amendment 2011-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2011-1 was submitted to and
reviewed by the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach adop ts the findings in the
Planning and Zoning Staff Report; and
2 ORD. NO. 25-11
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, following due public notice, the first of two required pu blic hearings on
Comprehensive Plan Amendment 2011-1 was held by the City Commission on A ugust 2, 2011,
at which time it was authorized to be transmitted to the State Land Planning Agency for required
review; and
WHEREAS, following due public notice, the second of two required publ ic hearings on
Comprehensive Plan Amendment 2011-1 was held by the City Commission on N ovember 1,
2011, in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2 . That the City Commission of the City of Delray Beach, Florida , hereby
declares its intent to exercise the authority granted pursuant t o the provisions of Florida Statutes
Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 3 . That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment
2011-1,” which is attached hereto as Exhibit "A" and incorporated herein by referenc e.
Section 4 . That the document entitled "Comprehensive Plan - Delray Beach, F lorida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2011-1.
Section 5. That should any section or provision of this ordinance or any portion ther eof,
any paragraph, sentence, or word be declared by a court of compete nt 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 b e, and the
same are hereby repealed.
Section 7. That the effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challe nged, this amendment shall
3 ORD. NO. 25-11
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in c ompliance. No development
orders, development permits, or land uses dependent on this amendment ma y be issued or
commence before it has become effective. If a final order of nonc ompliance 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 r esolution shall be sent to the state
land planning agency.
PASSED AND ADOPTED in regular session on second and final readi ng on this the
_____ day of ___________________, 2011.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
CITY OF DELRAY BEACH, FLORIDA
COMPREHENSIVE PLAN
AMENDMENT
2011 - 1
Planning & Zoning Board
Transmittal Public Hearing
July 18, 2011
City Commission
Transmittal Public Hearing
August 2, 2011
City Commission
Adoption Public Hearing
November 1, 2011
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
~ TABLE OF CONTENTS ~
Page
TEXT CHANGES - (CITY INITIATED)
1 Future Land Use Element - Addition of Policy A-5.4 to require the building
and site designs for all development and redevelopment projects to
incorporate Crime Prevention Thr ough Environmental Design (CPTED)
standards to the greatest extent possible.
1 Capital Improvement Element - Update the City’s Five-Year Capit al
Improvements Schedule (Table CI-CIP ) to reflect adoption of the FY2012-
FY2016 Capital Improvements Program.
1 Capital Improvement Element - Update the City’s Reclaimed Water
Capital Improvement Schedu le (Table RW-CIP) to re flect adoption of the
FY2012-FY2016 Capital Improvements Program.
2 Capital Improvement Element - Updat e the Palm Beach County School
District’s Capital Improvement Sc hedule (Table SD-CIP) to reflect
adoption of its FY2012-FY2016 C apital Improvements Program.
AMENDMENTS TO THE FUTURE LAND USE MAP – (CITY INITIATED)
2 Lago Vista
( 1 )
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
TEXT CHANGES
CITY-INITIATED TEXT CHANGE:
1) Location: Future Land U se Element - Pg. FL-22, Poli cy A-5.4 (CPTED Review)
Policy A-5.4 Building and site designs for all dev elopment and redevelopment projects
shall incorporate Crime Prevention Throu gh Environmental Design (CPTED) standards
to the greatest extent possible. This pol icy shall be implement ed through the review
process associated with site plans. The Land Development Regulations shall be
amended in FY 2011/12 to refl ect this requirement.
Change: ADDITION
Comment: This Policy is being added to increase community safety and reduce
opportunities for criminal activi ty in the City of Delray Beac h. CPTED standards must be
incorporated into all building and site des igns. Compliance will be determined through a
CPTED review by the City during the site pl an review process. This requirement will be
included in the Land Development Regulations in FY 2011/12.
2) Location: Capital Improvement Element - Pgs. CI-26 to CI-28, Table CI-CIP,
Table CI-CIP (5-Year Capital Impro vements Schedule For Projects > $25,000)
See existing table attached as Support Document #3.
Change: REVISION
Comment: The City Commission has adopted the Capital Improvement Plan (C IP) for
FY2011-12 to FY2015-16. Therefor e, the table has been revis ed to reflect the new CIP.
See revised table attached as Support Document #4.
3) Location: Capital Improvement Elem ent - Pgs. CI-30 to CI-35, Table SD-
CIP, School District of Palm Beach County Capital Improvement Schedule
See existing table attached as Support Document #5.
Change: REVISION
( 2 )
Comment: This table is the updated School Distr ict’s Capital Improvement Schedule
for FY2012-FY2016. See revised table a ttached as Support Document #6.
4) Location: Capital Improvement Element - Pgs. CI-36 to CI-41, Table RW-CIP,
Reclaimed Water Capital Improvement Schedule
See existing table attached as Support Document #7.
Change: REVISION
Comment: This table is part of the integration of the 20 Year Water Supply Facilities
Work Plan into the Comprehensive Plan. T he City Commission has a dopted the Capital
Improvement Plan (CIP) for FY2011-12 to FY2015-16. Therefore, the table has been
revised to reflect the new CIP. See revis ed table attached as Support Document #8.
AMENDMENTS TO THE FUTURE LAND USE MAP
CITY-INITIATED FUTURE LAND USE MAP AMENDMENT:
1. Future Land Use Map amendment to assign a City Future Land Use Map
designation concurrently with the annex ation of “Lago Vista”, containing
approximately 6.12 acres of property, locat ed at the southeast corner of Linton
Boulevard and the E-3 Cana l. The current County L and Use Map designation is
INST/8 (Institutional with an underlying High Residential of 8 units per acre) and the
proposed City designation is CF (Community Facilities).
See Support Document #1 – Existing Land Use Map and Existing an d proposed
colored Future Land Use Maps. The Lago Vista – Annexation, FLUM Amendment
and Rezoning staff report. is atta ched as Support Document #2.
s:\planning & zoning\longrange\comp\amend 11-1\adoption\11 -1 maindoc adopt.doc
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #1
Lago Vista
Existing Land Use Map
&
Existing and Proposed Colored Future Land Use Maps
SD #1
FUTURE LAND USE MAP DESIGNATIONS
CITY OF DELRAY BEACH
LD - LOW DENSITY RESIDENTIAL, 0-5 DU/AC
TRN - TRANSITIONAL
GC - GENERAL COMMERCIAL
OS - OPEN SPACE
CF - COMMUNITY FACILITIES
PALM BEACH COUNTY
LR-3 - LOW RESIDENTIAL, 3 UNITS PER ACRE
MR-5 - MEDIUM RESIDENTIAL, 5 UNITS PER ACRE
HR-8 - HIGH RESIDENTIAL, 8 UNITS PER ACRE
HR-12 - HIGH RESIDENTIAL, 12 UNITS PER ACRE
HR-18 - HIGH RESIDENTIAL, 18 UNITS PER ACRE
INST - INSTITUTIONAL
INST/8 - INSTITUTIONAL WI TH AN UNDERLYING HR-8
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #2
Lago Vista
Annexation, FLUM Amendment and Rezoning Staff Report
SD #2
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: July 18, 2011
ITEM: City Initiated Future Land Use Map Amendment From C ounty - INST/8
(Institutional, with an underlying High Residential density of 8 units per acre ) t o
City - CF (Community Facilities), and Rezoning from County RM (Multi -Family
Residential Medium Density) to City CF (Community F acilities). This is an
Associated Voluntary Annexation (Via the Provisions of an Executed Water
Service Agreement with Consent to Annexation) f or the Lago Vista property ,
Located at 5430 Linton Boulevard . (Quasi -Judicial Hearing)
GENERAL DATA:
Owner......................................... NME Properties Corp.
Applicant..................................... City of Delray Beach.
Location...................................... South side of Linton Boulevard,
west of Delray Medical Center
(5430 Linton Boulevard).
Property Size.............................. 6.12 Acres
Existing F.L.U.M. Designation … County INST (Institutional)
Proposed FLUM Designation …. City CF (Community Facilities)
Existing County Zoning............... County Multi -Family Residential
Medium Density (RM)
Proposed City Zoning................. CF (Community Facilities)
Adjacent Zoning................North: County RM (Residential Medium
Density)
East: City CF (Community Facilities)
South: City CF (Community Facilities)
West: County RH (Residential High
Density
Existing Land Use...................... Nursing Home
Proposed Land Use.................... Nursing Home
Water Service............................. Existing on site
Sewer Service............................. Existing on site
ITEM BEFORE THE BOARD
The action before the Board is that of making a rec ommendation to the City Commission on a City -
initiated Voluntary Annexation, Future Land Use Map (FLUM) Amendment from Palm Beach County
INST/8 (Institutional, with an underlying High Residential density of 8 units per acre) to City CF
(Community Facilities), and rezoning from County RM (Multi -Family Residential Medium Density) to City
CF (Community Facilities) for an approximate 6.12 acre site located at 5430 Linton Boulevard .
T he subject property is located on the south side of Linton Boulevard to the west of Delray Medical
Center and east of Canal E -3 (see location map). Pursuant to Land Development Re gulations (LDR)
Section 2.2.2(E)(6), the Local Planning Agency (Pla nning & Zoning Board) shall review and make a
recommendation to the City Commission with respect to A nnexation, FLUM amendment, and Rezoning
of any property within the City.
BACKGROUND /PROJECT DESCRIPTION
On February 3, 1981, an Agreement for Water and Sew er Service was executed for the Delray Medical
Center , the adjacent medical office and shopping center dev elopments and the subject property . The
property under consideration contains a 44,514 square feet nursing home with 120 units (as reported in
the PBC Pr operty Appraisers web -site), which was built in 1984 .
Over the years , the hospital was expanded. On March 18, 1999, the Agreement for Wate r and Sewer
Service was amended and included paragraphs which g ave consent for future annexation and
assessment of a storm water assessment fee. The Agreement was proce ssed in conjunction with a
proposal to expand the medical center. The agreemen t state d that the overall development will be
annexed in phases with the shopping center to be an nexed by March 31, 2001 (completed), Delray
Medical Center during the year 2005 (completed), Fair Oaks property by 2008 (completed), and the
Lago Vista property by 2011 .
The current property owner has been notified of the proposed annexation proceedings. The property is
bordered to the north by the Las Verdes multiple family residential development; to the east and south
by Delray Medical Center; and to the west by the LWD D E -3 Canal .
The subject property is under the jurisdiction of Pa lm Beach County , but is in the City of Delray Beach ’s
Planning Area . The property is located within the City’s designated annexation area known as
Annexation Area “B ”, as noted in Future Land Use Element Policy B -3.5 of the Comprehensive Plan.
The City’s advisory FLUM designation for the property is CF (Community Facilities ). The proposed
FLUM amendment to implement the advisory designation and annexation (pursuant to the referenced
Agreement for Water Service) with initial zoning of CF (Community Facilities ) were initiated by the City
Commission on July 5, 201 1, and are now before the Board for action.
FUTURE LAND USE MAP AMENDMENT ANALYSI S
Current Land Use Designation: The current Future L and U se M ap (FLUM) designation for the Lago
Vista property is County INST/8 (Institutional, with an underlying High Residential density of 8 units per
acre). The current City “advisory” designation is CF (Community Facilities). The City’s FLUM
designation , as initially contained on the City’s Future Land Us e Map adopted by Ordinance 82 -89 in
November 1989, (and as formally amended subsequentl y), is deemed to be advisory until an official
Future Land Use Map Amendment is processed.
Proposed Land Use Designation: The proposed Future Land Use Map Designation is CF (Community
Facilities ).
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 2
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area : The propert y to be annexed is located within designated Annexation
Area “B " on the south side of Linton Boulevard to the west of Military Trail. Annexation of this pro perty is
consistent with Future Land Use Element Policy B -3.5, which calls for annexation of eligible propert ies
thro ugh voluntary annexations as the opportunities aris e.
Land Use Analysis:
Consistency Between the City and County Land Use De signations:
The proposed City Future Land Use Map Designation for the property is CF (Community Facilities ). The
existing County Future Land Use Map Designation for the property is INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre). The City’s CF Future Land Use Map
Designation is consistent with the existing County INST/8 designation in that the city’s description of the
Community Facilities designation states ,
“This designation is applied to current and future s chool sites; to current and future
sites for public buildings; and to current and futu re sites for public facilities e.g. the
wastewater treatment plant. It is also applied to s ingle function (purpose) bui ldings
which have been constructed for community related p urposes (e.g. churches) and
which are not commercial in nature.”
Similarly to the County’s INST/8 designation, the City’s CF designation allows for institutional uses to
serve public, semi -public, and private purposes. Such purposes include governmental, religious,
educational, health care, social service s , and special facilities. It is noted, however, that unlike the
County’s INST/8 designation, the proposed City CF designation does not allow residential development.
Adjacent Future Land Use Map Designations, Zoning Designations and Land Uses:
The following zoning designations and uses abut the subject properties:
FLUM Designation Zoning District Use
North:
County HR (High Residential
12 du/ac)
County RM (Multiple Family
Residential )
Las Verdes Residential
Development , Single Family
Homes and Apartments
South: CF (Community Facility ) CF (Community Facilities ) Delray Medical Center
East: CF (Community Facility ) CF (Community Facilities ) Delray Medical Center
West: County MR -5 (Medium
Residential 5 du/ac)
County RH (Residential High
Density )
Delray Grande Residential
Condominium s
Proposed Zoning :
There are four zoning districts permitted u nder the proposed Community Facilities (CF ) Land Use Map
designation , CF (Community Facilities), SAD (Special Activitie s District, OS (Open Space) and OSR
(Open Space and Recreation). The proposed zoning of CF , which is a special purpose zone district
primarily, but not exclusively, intended for locati ons at which facilities are provided to serve public, semi -
public, and private purposes , is consistent with the proposed CF FLUM designation and is compatible
with the adjacent development pattern .
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 3
REQUIRED FI N DINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must
be made in a form which is part of the official rec ord. This may be achieved through information
on the application, writt en materials submitted by the applicant, the staff report, or minutes.
Findings shall be made by the body which has the au thority to approve or deny the development
application. These findings relate to the Future L and Use Map (FLUM), Concurrency,
Compre hensive Plan Consistency, and Compliance with the L and Development Regulations.
Future Land Use Map: The resulting use of land or structures must be all owed in the zoning
district within which the land is situated and said zoning must be consistent with the
applicable land use designation as shown on the Fut ure Land Use Map.
T he proposed Community Facilities (CF ) zoning district is consistent with the proposed CF
(Community Facilities ) FLUM designation. F acilities that are intended to serve the public, with se mi -
public, and private purposes, such as governmental, religious, educational, health care, social
service, and special facilities are allowed in the Community Facilities (CF ) zoning district as a
permitted use . Based on the above, positive findings can be made w ith respect to FLUM
consistency.
Concurrency : Development at the highest intensity possible under the requested designation
can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided in a
manner which is consistent with service s provided to other similar properties already in t he City
(Future Land Use Element Policy B -3.1). The proposal involves amending the FLUM designation
from Palm Beach County Institutional, with an underlying High Residential density of 8 units per acre
(IN ST/8) to City CF (Community Facilities), and rezoning from County Multi -Family Residential
Medium Density (RM) to City CF (Community Facilities) for a 6.12 acre site located at 5430 Linton
Boulevard .
Since the City’s advisory FLUM designation of CF , as shown on the existing Future Land Use Map,
has been in place since 1990, this amendment is jus t an implementation of current comprehensive
plan policies and there is no change in development potential. However, a general description of
Concurrency findings with respect to Police, Solid Waste, Traffic and Water and Sewer are
discussed below:
Police : This propert y is currently serviced by the Palm Beach County Sheriff 's Office, located at 345
South Congress, which serves the South County area. The property is within Sheriff Patrol Z one 7 ,
bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the
north and Clint Moore Road to the south. One County police officer is assigned to a particular z one
during a shift (three shi fts per day). The City of Delray Beach’s Police Dep artment has 14 cars per
shift patrolling a 15 square mile area during the d ay and 15 cars during the night , and as a result ,
response time will be significantly improved upon annexation. Annexation will not require additional
manpower since the police currently patrol in close proximity to this property .
Fire and Emergency Services: The annexation of this property will not require ad ditional manpo wer.
The adjacent municipal area is served by Fire Stati on No. 5 (Linton Boulevard & Germantown Road).
With annexation, the property will receive an impro vement in response time from the current 3.5
minutes of the County Fire Department (Pheasant Wal k Sta tion) to approximately 1.5 minute s for the
City's Fire Department (Fire Station No. 5).
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 4
Police and Fire Personnel Needs: This annexation does not directly generate the dema nd for
additional Police and Fire personnel. However, thi s annexation in conjuncti on with the recent
annexations of The MarketPlace of Delray Shopping P laza, Country Club Acres, Delray Medical
Center, Fair Oaks , The Colony, and Bexley Park , as well as the redevelopment that has occurred in
the City , have generated additional demands for personnel from both the Police and Fire Rescue
Departments. These needs will be addressed through the City’s budgetary process.
Water and Sewer: The existing development is connected to the City's municipal water and sewer
system, via 8” and 10” water mains, and 8” sewer mains. As part of the Agreemen t for Water and
Sewer Service in 1981, these mains were extended to the site. The City’s Utilities Department has
indicated that treatment capacity is available at the City’s Water Treatment Plant and th e South
Central County Waste Water Treatment Plant for the City at build -out.
Streets: This property has di rect access to Linton Boulevard. Linton Boulevard is under Palm Beach
County jurisdiction. The jurisdictional responsibi lity and the associated maintenance responsibility
will not change upon annexation . Based upon the above a positive finding with respec t to traffic
concurrency can be made.
Parks and Open Space: The existing use (nursing home) does not have an impact with respect to
this level of service standard. It is noted howeve r, the City currently provides approximately 8 acre s
per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000
residents established in the Comprehensive Plan.
Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal.
The service provider will remain the same, as descr ibed later in this repor t. The solid waste authority
has indicated they have sufficient capacity to serv ice this area. The service provider will not change
with annexation, as described later in this report.
Consistency : The requested designation is consistent with the go als, ob jectives and policies
of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted :
Future Land Use Element Policy A -1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. Th e need must be
based upon circumstances such as shifts in demograp h ic 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 po licy, annexation into the municipal
boundaries, or similar circumstances. The need mus t be supported by data and analysis
verifying the changing demographics or other circum stances. This requirement shall not
apply to requests for the FLUM designations of Cons ervation 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 requ ested designation is of a similar
intensity to the advisory designation. However, th e findings described in the remainder of
this policy must be addressed with all FLUM amendme nts.
The proposal is associated with the annexation of a n unincorporated propert y and requires changing
the FLUM designation from County to City. Since the City’s advisory FLUM designation is being
applied to the property in association with the annexation , the demonstrated need does not apply.
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 5
Future Land Use Element 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.
The subject property does not have any unique environmental cha racteristics that would require
mitigation measures. The current County FLUM design ation is INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre) and the proposed City designation is CF
(Community Facilities ). Although the County’s RM (Multi -Family Residential Medium Density ) zoning
district allows for residential development, the pr oposed CF (Community Facilities ) City zoning
designation does not. It allow s governmental, religious, educational, health care, social service, and
special facilities developments . T he proposed CF (Community Facilities ) FLUM designation is
compatible with the existing developments to the ea st (Delray Medical Center ); to the west (Delray
Grande residential development ); and to the sout h (the Fair Oaks hospice and counseling property ),
all of which are located within the same CF FLUM de signation. It is also compatible with the existing
Las Verdes Residential Development, single family h omes and a partment complex to the north.
Compatibility -- The requested designation will be compatible with t he existing and future
land uses of the surrounding area.
As noted above , compatibility has been identified under Future Land Use Element Objective A -1.
Compliance -- Development under the requested designation will co mply with the provisions
and requirements of the Land Development Regulation s.
The current development for the Lago Vista property was processed both through the County and
the City for consistency with the LDRs as part of t he water service agreement process . Any future
re development of the subject propert y will be submitted through the site plan review process and will
be reviewed for compliance with the LDR s.
ANNEXATION ANALYSIS
Florida Statues Governing Voluntary Annexations :
Pursuant to the Florida Statutes 171.044 , “the owner or owners of real properties in an uninc orporated
area of the County, which is contiguous to a munici pality and reasonably compact may petition the
governing body of said municipality that said prope rty be annexed to the municipality”. Pursuan t to F. S.
171.044 (5) “land shall not be annexed through vo luntary annexation when such annexation results in
the creation of enclaves”.
As noted throughout the report , the Lago Vista property is a voluntary annexation which was consented
to through an exec uted water service agreement . Chapter 171.046, Florida Statutes (2004), provides for
annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and
the County . Note that this is not an enclave and this annexatio n helps to square off the City Limits.
Financia l Impa cts :
For the 2010 tax year , the subject property had an assessed value of $3,08 8,227. With the change from
County to City jurisdiction, the following taxes an d rates will be affected:
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 6
LARGO VISTA ANNEXATION
ADVALOREM UNINCORPORATED COUNTY TOTAL WITH CITY TOTAL CITY TOTAL
TAXES TOTAL TAXESMILLAGE ANNEXATION TAXES MILLAGE
Fire/Rescue MSTU10,679.403.458101 DELETE 0.000.000000
Palm Beach County Lib.1,695.750.549101 DELETE 0.000.000000
Palm Beach Co.Lib.Debt178.500.057800 DELETE 0.000.000000
Florida Inland Navegation106.540.034499106.540.0344 99
Health Care District3,536.331.1451003,536.331.14510 0
Palm Beach County14,669.064.74999414,669.064.749994
Palm Beach County Debt759.700.245999759.700.245999
Children Service Council2,320.180.751298 2,320.180.751298
Public Schools Loc.Board7,714.392.3174217,714.392.3 17421
Public Schools State Law17,467.615.11439017,467.615 .836750
SFWMD District 1,650.970.5346011,650.970.534601
SFWMD Everglades Const.276.060.089391276.060.089391
City of Delray Beach7.190000Added (City)22,204.357.190000
City of Delray Beach Debt0.531600Added (City)1,641.700.531600
SUB-TOTAL $61,05419.0477 Difference*$72,34723.4267
4.3790
* Total tax millage in the county is 19.0477 mills. I f annexed into the City, the total millage would be 23.4267 mills, a
difference of 4.3790 mills.
In addition to Ad Valorem property taxes, the follo wing Non Ad Valorem fiscal r esponsibility will apply:
Delray Beach Storm Water Utility – This assessment is based upon the percentage of imp ervious
area of the structures, buildings, parking areas, e tc. The storrn water assessment for the property is
estimated at $3,340.
Solid Waste Authority – This annexation area is serviced under a contract with Waste Management .
The City’s solid waste removal contract is also through Waste Management. Pursuant to Florida Statu te
171.062 (4)(a), “if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may cont inue to provide such services to the annexed area f or
five years or the remainder of the franchise term w hichever is shorter”. Thus, the waste service provi d er
will not change with annexation. The Lago Vista property is currently providing a so lid waste disposal
fee to the County. After annexation, an assessment fee of approximately $1,05 2 per year for this
service will be paid to the City .
Effect upon Annexed Propert y: t he following table depicts current assessed value and a summary of the
total (County) taxes for the subject propert y , as well as the total City taxes upon annexation o f the
property :
LAGO VISTA ANNEXATION
ADDRESS PCN TAXABLE
VALUE 2010
PBC
ADVAL.
TAXES
PBC NON-
ADVAL.
TAXES
TOTAL
PBC
TAXES
PBC
COUNTY
MILLAGE
ADVAL.
CITY OF
DELRAY
TAXES
NON-
ADVAL.
CITY OF
DELRAY
TAXES
CITY OF
DELRAY
BEACH
MILLAGE
TOTAL
CITY OF
DELRAY
TAXES
DIFFERENCE
5430 Linton Blvd.424626000001190 3,088,22761,054916970,22319.047772,3474,39223.42677 6,7396,516
TOTAL $3,088,227$61,054$9,169$70,22319.0477$72,347$4,3922 3.4267$76,739 6,516
The current yearly ad valorem and non ad valorem taxes are $70,223 (61,054+9,169 =70,223 ). W ith
annexation , the yearly ad valorem and non ad valorem taxes will in crease to $76,739
(72,347 +4,392 =76,739 ); a tax difference of $6,516 .
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 7
SUMMARY OF IMPACTS ON THE PROPERTY
FINANCIAL CONSIDERATIONS
Advalorem City Taxes minus Advalorem PBC Taxes +$11,293
City Mills.PB County Mills
23.4267 -19.04770 =4.3790
Non-advalorem PBC Taxes $9,169
Non-advalorem City Taxes $4,392
Non-advalorem PBC Taxes minus Non-adv. City Taxes -$4,777
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT:+$6,516
SERVICE CONSIDERATIONS
Fire Response +Faster response from an estimated 5.5
minutes (County) to 2.5 minutes (City).
Emergency Medical +Faster response from an estimated 5.5
Services (EMS)minutes (County) to 2.5 minutes (City).
Police +Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 patroll cars during the night.
Code Enforcement +Pro-active vs reactive opportunity to work
with property owners.
Fiscal Impacts : As shown on the above table, annexation into the Ci ty would cost the owners of this
property an additional $6,516 in taxes per year. As shown on the Table below, the total fiscal impac t to
the City is approximately $28,238 per year. If, however, the property were to be redeveloped in the
future , additional revenues would be realized through increased assessment value, bui lding permit
fees, the annual collection of the storm water asse ssment fee , as well as utility taxes (9.5% electric, 7 %
telephone) and franchise fees on electric, telephon e, and cable.
FISCAL IMPACT TO THE CITY
AD VALOREM TAXES 2010
City of Delray Beach 7.1900 Mills $22,204
City of Delray Beach Debt0.5316 Mills $1,642
SUB-TOTAL $23,846
NON-AD VALOREM TAXES
Storm Water Utility and Solid Waste Collection$4,39 2
SUB-TOTAL $28,238
PARK AND RECREATION IMPACT FEE
$500 per unit $0
TOTAL $28,238
ZONING ANALYSIS
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Co nsistency and Compliance
with the development criteria of the LDR s were previously discussed under the “Future Land Use Map
Amendment Analysis” section of this report. Compliance with the Land De velopment Regulations with
respect to Standards for Rezoning Actions and Rezon ing Findings are discussed below for the property .
The proposed City zoning designation is CF (Community Facilities ), while the current County zoning
designation is RM (Multi -Family Residential Medium Density). The surrounding zoning designations are:
CF (Community Facilities ) to the east and south; Cou nty RM (Medium Density Residential) to the north;
and County RH (Residential High Density ) to the west .
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 8
The City’s CF zoning district is primarily, but not exclusively, intended for locati ons at which facilities are
provided to serve public, semi -public, and private purposes, such as governmental facilities, community
centers, recreational facilities, religious institu tions and educational facilities.
On April 5, 2011, the City adopted Ordinance No.09 -11, establishing a “Medical Arts Overlay District ” in
this area, which includes the subject property. In addition to the regular uses permitted in the CF zo ning
district, other health care re lated i nstitutional uses, such as N on -residential Licensed Service Provider
Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers;
Rehabilitation Centers; Testing Facilities; and Men tal Health Treatment Facilities, including residential
care , are also permitted within this Overlay District . These uses are consistent with the existing health
care facilities surrounding the hospital (Delray Medical Center).
It is noted that nursing homes are not a permitted use within the CF zoning district. Therefore, t he
existing Lago Vista nursing home will become a non -conforming use with the proposed annexation and
rezoning of the subject property. However, the nursing home will be allow ed to remain and operate as a
non -conforming use as long as the use is not discontinued or abandoned for a continuous period o f 180
days .
Section 3.2.2 (Standards for Rezoning Actions): standard “A”, “B”, “C”, and “E” are not
applicable with respect to this rezoning request. The applicable perfor mance standards of
Section 3.2.2 is as follows:
D) That the rezoning shall result in allowing land use s which are deemed compatible with
adjacent and nearby land use both existing and prop osed; or that if an incompatibility
may occur, that sufficient regulations exist to pro perly mitigate adverse impacts from
the new use.
Compatibility is not a concern at this time , since the property currently contains a nursing home, whi ch
has existed at this location since 198 4 . Although nursing homes are not a permitted use with in the
proposed CF zoning district, they are compatible with the us es that are permitted. The permitted uses
allowed within the CF zoning district , including those additional uses allowed within the Medica l Arts
Overlay District on the subject property, are compatible with both the surrounding community facilities
(health care facilities) to the south and east , and the adjacent residential developments to the no rth and
west. I f the subject property were to be redeveloped at a later date, the development pro posal would be
reviewed for compatibility during the processing of the site plan. Based upon the above, positive find ings
with regard to LDR Section 3.2.2(D) can be made .
Section 2.4.5 (D)(5) (Rezoning Fi ndings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of
Chapter Three, the City Commission must make a find ing that the rezoning fulfills one of the
reasons for which the rezoning change is being soug ht. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is o f similar intensity as allowed under the Future Lan d Use
Map and that it is more appropriate for the propert y based upon circumstances
particular to the site and/or neighborhood.
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 9
As noted above. the property is develope d and the existing development (Lago Vista nursing home) is
compatible with the surrounding area . A ny future redevelopment of the subject property will be required
to comply with the City’s Land Development Regulations. Item s “b” and “c” are the basis for which the
rezoning should be granted. The property is currently in the unincorporated area of Palm Beach County.
I t is also within the City of Delray Beach future annexat ion area with an advisory Future Land Use Map
(FLUM) designation of CF . The voluntary annexation is a “change in circumstance” that requires that an
appropriate City zoning district be applied to the property. The CF zoning district is the most appropriate
within the City’s CF FLUM designation, given the na ture of the existing development and the surrounding
area. Base d upon the above, positive findings can be made wit h respect to LDR Section 2.4.5(D)(5).
REVIEW BY OTHERS
The subject properties are not in an area that requ ires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 17, 201 1 , Palm Beach County Administrator and Palm Beach Co unty Planning Division were
notified of the City’s intent to annex this propert y. The County has responded that it has no objections to
the proposed annexation.
IPARC Notice :
On June 23, 2011 a notice of the Future Land Use Am endment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distribute s the information to adjacent municipalities.
Lake Worth Drainage District :
On Ju ne 23 , 201 1 , Lake Worth Drainage District was notified of the City’s intent to annex this property.
Lake Worth Drainage District has submitted a letter stating that they do not have any objections to th e
proposed annexation.
Courtesy Notices:
Special courtesy notices were provided to the follo wing homeowners and civic associations:
• Neighborhood Advisory Council
• Delray Citizens Coalition
• Hammock Reserve HOA
• Del -Aire HOA
• Shadywoods HOA
Public Notice:
Formal public notice has been provided to the affected property owners as well as property ow ners
within a 500' radius of the subject property. Addit ional letters of support or objection, if any, will be
presented at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
Accommodating the annexation of this property is consistent with the City’s prog ram for annexation of
territory within its planning and service area. For the Lago Vista property, the City’s advisory CF
(Community Facilities ) Future Land Use Map Designation is consistent with the Cou nty’s INST/8
Planning and Zoning Board Meeting of July 18, 201 1 Staff Report
Lago Vista – Annexation, FLUM Amendment, and Rezoning
Page 10
(Institutional, with an underlying High Residential density of 8 units per acre) designation and the
adjacent development pattern to the east which includes the Delray Medical Cente r and the Fair Oaks
property located to the south. This Future Land Use Map designation is being proposed concurrently
with a request for initial zoning of CF (Community Facilities ) which is also compatible with the
surrounding development pattern . The annexation will provide better Police, Fire, EM S and Code
Enforcement services than under County jurisdiction. The propert y will experience a slight increase in
overall taxes . The City will receive additional revenue from prope rty taxes, in addition to storm water
assessment fees , utility taxes, franchise fees, and licensing fees u pon development. Based upon the
above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoni ng
application should be approved .
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commi ssion for a City initiated V oluntary
Annexation, Future Land Use Map (FLUM) Amendment fr om Palm Beach County INST/8
(Institutional, with an underlying High Residential density of 8 units per acre) to City CF (Community
Facilities), and rezoning from County RM (Multi -Family Residential Medium Density) to City CF
(Community Facilities) for an approximate 6.12 acre site loc ated at 5430 Linton Boulevard , known as
the Lago Vista property , 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 Regulat ions .
C. Move a recommendation of denial to the City Commiss ion for a City initiated Voluntary Annexation,
Future Land Use Map (FLUM) Amendment from Palm Beac h County INST/8 (Institutional, with an
underlying High Residential density of 8 units per acre) to City CF (Community Facilities), and
rezoning from County RM (Multi -Family Residential Medium Density) to City CF (Comm unity
Facilities) for an approximate 6.12 acre site lo cated at 5430 Linton Boulevard , known as the Lago
Vista property , 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 .
RECOMMENDED ACTION
D. Move a recommendation of approval to the City Commission for a City initiated Voluntary
Annexation, Future Land Use Map (FLUM) Amendment from Palm Beach County INST/8
(Institutional, with an underlying High Residential density of 8 units per acre) to City CF (Community
Facilities), and rezoning from County RM (Multi -Family Residential Medium Density) to City CF
(Community Facilities) for an approximate 6.12 acre site located at 5430 Linton B oulevard known as
the Lago Vista propert y, by adopting the findings of fact and law contained in the staff report, and
finding that the requests and approval thereof is c onsistent with the Comprehensive Plan and meets
the criteria set forth in Sections 2.4.5(D)(5), 3.1 .1 and 3.2.2 of the Land Development Regulations.
Staff Report Prepared by: Estelio Breto, Senior Pla nner
Attachments: Location Map and Zoning Map
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #3
Capital Improvement Element
Existing Table CI-CIP, Five Year Capital Improvements Sched ule For
Projects > $25,000
SD #3
CI - 26
CI - 27
CI - 28
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #4
Capital Improvement Element
Updated Table CI-CIP, Five Year Capital Improvements Sched ule For
Projects > $25,000
SD #4
Updated 5-Year CIP
PROJECT & FUND FY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
BEAUTIFICATION TRUST FUN D
Computerized Irrigation System 50,00050,000
TOTALS:$50,000$50,000$0$0$0
NEIGHBORHOOD SERVICES FUND
Ship Program-State Grant 52,64752,64752,64752,64752,647
Western Settlers' Grnt Prog 55,00055,00055,00055,00055,000
Curb Apeal 50,00050,00050,00050,00050,000
Neighborhood Stabilization-CRA 200,000200,000200,000200,000200,000
Neighborhood Stabilization-DCA 475,430475,430475,430475,430475,430
Planning Administration 103,250103,250103,250103,250103,250
Housing Rehab -Federal Grant 320,240320,240320,240320,240320,240
Neighborhood Resource Ctr Expan 0300,000000
Unsafe Bldgs/Land Acqu/Bike Paths/Neighborhood Resources57,36057 ,36057,36057,36057,360
Grants/Aids-Fed Grant-Econ Devel 78,00078,00078,00078,00078,000
Neighborhood Housing 187,830187,830187,830187,830187,830
Residential Mitigation Program 150,000
TOTAL S $1,729,757$1,879,757$1,579,757$1,579,757$1,579,757
BEACH RESTORATION FUN D
Beach Tilling 015,12515,58016,0500
Final & Constr Engineering 70,0000000
Pre/Post Constr Surveys 51,00052,55054,12555,75057,422
Construction Administration 265,0000000
Post-Construction Environmental 068,500000
Construction Loan Interest 24,00049,000000
Renourish-Fill Placemnt 9,000,0000000
Sea Turtle Monitoring 50,00050,00050,00050,00045,360
Travel, Training, memberships 9,3009,8009,8009,8009,800
Yearly replacement (snow fence)8,0008,0008,0008,0008,000
TOTALS:$9,477,300$252,975$137,505$139,600$120,582
GENERAL CAPITAL IMPROVEMENT S
Atl Gateway Art Feature 1,699,7600000
Atlantic Dunes Nature Trail 0140,000000
Atl Ave St Light Post Rplmn t 50,000050,00050,00050,000
Ballfields Cont Link Syst 031,75021,15000
Beach Beautification Plan 246,300025,00074,00074,000
Building Maintenance (FY 11/12)150,000150,000150,000150,000150,000
Bus Shelters (FY 11/12)232,0000000
City Hall Chiller Upgrades 50,0000000
Computer/Equipment Repl 95,00010,00010,00010,00010,000
Currie Park Renovation 0150,000000
Fed Hwy Beautification (FY 10/11)9,244,0000000
Fire Dept - Defib/Monitor 052,00052,00000
Fire HQ Generator Upgrade 0000140,000
Fire-SCB A 144,500160,000160,00000
Fire HQ Public Plaza 35,000225,000000
Fire Video Confer Server 00030,0000
FS 2 Generator Upgrade 000040,000
FS 3 Generator Upgrade 000040,000
Hilltopper Bathroom Renovation 0000148,000
Hilltopper Resod Agmt CRA 35,0000000
IT-Data Cabling/Switches 70,0000000
IT Server Mem Upgrade 25,0000000
IT-VDI 0150,00060,00060,00060,000
Merritt Park Renovation 0150,000000
NE 1st Av Improvements 345,5000000
NE 2nd Av/Seacrest Beaut.0110,000800,47000
NE 3rd Street Scape 100,000500,000000
NE 8th Av Paving 000084,300
NW 12 Av-Atlantic/MLK 300,0000000
Neighborhood Enhancements 20,00000060,000
New Financial System 900,0000000
OSS Site/Park Improvmnts 0000310,500
Park Master Plan 35,0000000
Parks-Office Expansion 0000103,500
Police Access Control Sys 033,600000
Police AED's 00060,00080,000
Police Comp Rm Relocate 47,0000000
Police Evidence Rm-2nd Flr 0036,300248,000
Police Evidence Storage 0058,25000
Police Exterior Painting 030,000000
Police GPS/AVL Software 067,850000
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
CI-26
Updated 5-Year CIP
PROJECT & FUND FY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
Police In Car Video System 156,000150,000150,00000
Police OmniTrak Latent Sta 00114,00000
Police Range Ventilation 142,0000000
Police Security Cameras 000098,200
Police Vehicle GPS 076,300000
Pompey Ballfields Upgrade 000078,900
Pompey Pool Redesign 000356,5000
RR X-ing Annual Maint 107,000110,000113,000116,000119,000
SE 2nd Av Parking 75,000000
Seacrest Bv-NE 8th St G Stream 000419,7000
Stadium Bathroom Renov 00030,00030,000
Street Resurf/Reconstr 110,000175,000170,000155,000175,000
SW 1 Av-SW 1 St-Atl Av 00446,50000
SW 2 St Beautification 500,0000000
Swinton & Atlantic Intersection 100,0000000
Tennis Center Storage Bld 000025,000
Tennis Court Rehab 50,00060,00060,00060,00060,000
Tennis Stadium Bolt R/R 025,00025,00025,000
Tennis Stadium Main t 030,00030,00030,00030,000
Telephone System - Fire 00100,00000
Veteran Park 0246,530000
TOTALS:$15,064,060$2,808,030$2,631,670$1,874,200$1,9 91,400
CITY MARINA FUN D
Riverwalk 0000580,000
TOTALS:$0$0$0$0$580,000
WATER/SEWER NEW CAPITAL OUTLA Y
Greenbriar Dr. Sewer 0000280,000
Rclmd Wtr Customer Conn. FY 12 200,000200,000225,000225,000225,000
Reclaim Water, Area 12B 1,250,0000000
Reclaim Water Area 6 02,300,000000
Reclaim Water Area 8 001,500,00000
Reclaim Water Area 9 00300,00000
Reclaim Water Area 10 0002,000,0000
Reclaim Water Area 14A 000300,0001,700,000
TOTALS:$1,450,000$2,500,000$2,025,000$2,525,000$2,20 5,000
WATER/SEWER RENEWAL & REPLACEMENT FUN D
Automated Mtr Rdng (AMR)500,000500,000500,000600,000790,000
Bldg LS Wet Well Rehab 70,00070,00070,00070,00070,000
ESD Computer R/R FY 12 35,00011,00011,00011,00011,000
Congress Ave LS upgrades 124,0000000
Delray Shores W/M 0623,200375,000375,0000
Eldorado/Sunshine W M 00300,000200,0000
Elevated Storage Tank Maint.17,00019,00019,00019,00019,000
Fed Hwy Beautification 125,000000
Large Water Mtr Rplcmnts 65,00065,000000
Lift Station Rehab 75,00075,00075,00075,00075,000
LS100A Capacity Stud y 350,0000000
NE 8th Av Paving 00050,0000
NW 12th Av WM 0000402,500
New Financial System-Software 220,0000000
New Financial System-Comp Equipment 30,0000000
Production Well Rehab 100,000100,000100,000100,000100,000
Public Utility Generator Rplcmt 75,00075,000100,000100,000100,000
Raw Water Valves at WTP 60,00060,00060,00000
San Swr Main Rehab F Y 50,00050,00050,00050,00050,000
San Swr Manhole Rehab 150,000150,000150,000150,000150,000
Seacrest Bv-NE 8 St Gstream 0050,00000
SW 11th Av WM 0000103,500
SW 2 St Beautification 25,0000000
Water Main Leak Repairs 75,00075,00075,00070,00070,000
Water Meter Replacement 500,000600,000600,000600,000600,000
Wtr Mtr Rplmnt Cntrct Src 150,000150,000150,000150,000150,000
Water Service Relocation 25,00025,00025,00025,00025,000
Water Valve Replacement 36,00036,00036,00036,00036,000
TOTALS:$2,857,000$2,684,200$2,746,000$2,681,000$2,75 2,000
MUNICIPAL GOLF COURSE
Machinery/Equipment( <$25,000)92,00095,00095,000100,000100,000
Debt Service 406,260409,743410,481409,320408,770
Debt Service-Cart Lease 34,74031,84532,46532,46532,465
TOTALS:$533,000$536,588$537,946$541,785$541,235
CI-27
Updated 5-Year CIP
PROJECT & FUND FY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
LAKEVIEW GOLF COURSE
Debt Service-Bonds 223,290225,389163,552164,619163,856
Debt Service-Cart Lease 025,00025,00025,00025,000
LV Golf Course Equip-FY 12 30,000015,00025,00025,000
TOTALS:$253,290$250,389$203,552$214,619$213,856
STORMWATER UTILITY FUN D
Drainage Swales -FY 12 -15 45,00075,00075,00075,00075,000
Fed Hwy Beautification 500,0000000
Gleason Street Drainage 060,000000
Lift Stat Level Transmitters 30,00030,000000
NE 8th Av Paving 00075,0000
New Financial System 250,0000000
SE 2 St - Swinton FE C 0240,000000
Seacrest Bv-NE 8St Gstream 00162,80000
Storm Wtr Pmp Stat. Rehab FY 12-15 50,000225,000225,000225,000225,000
SW 1 Av-SW 1 St /Atlantic Av 00232,00000
SW 2 St Beautification 50,0000000
TOTALS:$925,000$630,000$694,800$375,000$300,000
CENTRAL GARAGE FUN D
ALS Rescue Repl 0296,600311,40000
Brush Truck Replacement 0303,800000
Fire Dept Serv Unit 025,000025,0000
TV Truck Repl -ESD 156,0000000
Vehicle Replacement 855,000860,000865,000870,000875,000
Vehicle Restoration - FY 2011 70,60070,70070,80070,90071,000
Police-VIN Platform Replacement 0155,600000
TOTALS:$1,081,600$1,711,700$1,247,200$965,900$946,00 0
CI-28
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #5
Capital Improvement Element
Existing Table SD-CIP, School District of Palm Beach County
Capital Improvement Schedule
SD #5
CI - 30
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
CI - 31
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
CI - 32
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
CI - 33
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
CI - 34
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
CI - 35
TABLE SD-CIP - SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #6
Capital Improvement Element
Updated Table SD-CIP, School Di strict of Palm Beach County
Capital Improvement Schedule
SD #6
1
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COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #7
Capital Improvement Element
Table RW-CIP
Existing Reclaimed Water Capi tal Improvement Schedule
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TABLE RW-CIP - RECLAIMED WATE R CAPITAL IMPROVEMENT SCHEDULE
COMPREHENSIVE PLAN AMENDMENT 11-1
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #8
Capital Improvement Element
Table RW-CIP
Updated Reclaimed Water Capital Improvement Schedule
SD #8
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PLANNING & ZONING BOARD
MEMORANDUM STAFF REPORT
MEETING OF: JULY 1 8 , 201 1
AGENDA ITEM: IV.B. RECOMMENDATION TO THE CITY COMMISSION REGARDING
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 201 1-1.
ITEM BEFORE THE BOARD
The item before the Board is that of recommending t o the City Commission transmittal of
Comprehensive Plan Amendment 201 1-1 to the Florida Department of Community Affairs.
BACKGROUND ANALYSIS
The City Commission initiated Comprehensive Plan Am endment 201 1-1 on July 5 , 201 1 . This
ame ndment represents the first amendment for the year 20 11 and include s one (1 ) city -initiated
Future Land Use Map Amendment and one (1) city -initiated text amendment . A brief description
of each item suggested for inclusion in the Plan Am endment is listed be low:
TEXT AMENDMENTS:
• City -initiated : Future Land Use Element - Addition of Policy A -5.4 to require the building and
site designs for all development and redevelopment projects to incorporate Crime
Prevention Through Environmental Design (CPTED) sta ndards to the greatest extent
possible.
FUTURE LAND USE MAP AMENDMENT S:
• City -initiated Future Land Use Map amendment to assign a City Future Land Use Map
designation concurrently with the annexation of “La go Vista”, containing approximately 6.12
acres of property, located at the southeast corner of Linton Boulevard and the E -3 Canal.
The current County Land Use Map designation is INST /8 (Institutional with an underlying
High Residential of 8 units per acre) and the proposed C ity designation is CF (Community
Fac ilities).
REVIEW BY OTHERS
Public Notice:
Formal public notice was provided to all property o wners within a 500' radius of the subject
property for the Lago Vista FLUM amendment.
Courtesy Notices:
Courtesy notices were provided to the following hom eowner and civic associations:
Neighborhood Advisory Council
Delray Citizens Coalition
Hammock Reserve HOA
Del -Aire HOA
P&Z Board Staff Report - July 18, 2011
IV.B Transmittal of Comprehensive Plan Amendment 20 11 -1
Page 2
Shadywoods HOA
L etters of objection and support, if any, will be pr ovided at the Planning and Zoning Board
meeting.
RECOMMENDED ACTION
By motion, recommend that the City Commission trans mit proposed Comprehensive Plan
Amendment 20 11-1 to the Florida Department of Community Affairs.
Attachment s:
• Proposed Comprehensive Plan Amendment 20 11-1
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:October 26, 2011
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 37 -11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulat ions (LDRs) that will amend
provisions in the Flood Damage Control Districts.
BACKGROUND
On January 11, 2011, Ordinance No. 02-11 was adopted by City Commission to amend the Floo d
Damage Control Districts regulations. The major com ponent of that ordinance (which is the subject of
this text amendment) was to require that the “lowes t floor elevation be raised twelve inches (12”) above
the Base Flood Elevation (BFE) for all new construc tion and substantial improvements in the special
flood hazard areas for residential and commercial s tructures, mechanical equipment, utility areas, or any
enclosed area including basements and attached gara ges, or that it must otherwise be provided with
flood proofing per FEMA standards.” This recently adopted language has created signific ant obstacles
and has presented unintended consequences to constr uction activities. It has further been learned that
while once thought to be mandates from the State th at required our Land Development Regulations to
be updated, we now know that the previously adopted amendments were optional. Accordingly, this text
amendment will remove the language that has been pr oblematic.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their September 19, 2011 meeting and a
unanimous recommendation of approval was made.
RECOMMENDATION
By motion, approve Ordinance No. 37-11 on first rea ding for a city-initiated amendment to the Land
Development Regulations, by adopting the findings o f fact and law contained in the staff report and
finding that the amendment is consistent with the C omprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulation s.
ORDINANCE NO. 37-11
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 4.5.3, “FLOOD
DAMAGE CONTROL DISTRICTS”, SUBSECTION (D)
“CONSTRUCTION STANDARDS”, TO MODIFY THE SECTION
WHILE MAINTAINING COMPLIANCE WITH STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in
1968; and
WHEREAS, the NFIP enables property owners in partic ipating communities to purchase
insurance protection from the government against losses fr om flooding; and
WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by
ordinance an administrative or technical amendment to the Florida Building Code relating to flood
resistance in order to implement the NFIP or incentives; and
WHEREAS, consistent with 44 C.F.R. §60.6, an admini strative amendment may assign the
duty to enforce all or portions of flood-related co de provisions to the appropriate agencies of the
local government and adopt procedures for variances and exceptions from flood-related code
provisions other than provisions for structures seaward o f the coastal construction control line; and
WHEREAS, the City of Delray Beach desires to modify Section 4.5.3 while maintaining
compliance with NFIP, Federal Emergency Management Act, and the Community Rating System;
and,
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 19, 2011 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determine d that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
2 ORD. NO. 37-11
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 COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorp orated herein.
Section 2. That Article 4.5, “Overlay and Environme ntal Management Districts”, Section
4.5.3, “Flood Damage Control Districts”, Subsection (D) “Construction Standards” of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
(D) Construction Standards :
(1) General : In all areas of special flood hazard, the following provisi ons apply:
(a) The lowest floor elevation for all new constr uction and substantial
improvements in the special flood hazard areas for residential and
commercial structures, mechanical equipment, utilit y areas, or any
enclosed area including basements and attached gara ges must be raised
12” above the Base Flood Elevation (BFE), or must b e provided with
flood proofing per FEMA standards.
(a) (b) All new construction and substantial improve ments shall be anchored
to prevent floatation, collapse, or lateral movement of th e structure.
(b) (c) All new construction and substantial improve ments shall be
constructed with materials and utility equipment re sistant to flood
damage.
(c) (d) All new construction or substantial improvem ents shall be constructed
by methods and practices that minimize flood damage.
(d) (e) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(e) (f) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
3 ORD. NO. 37-11
(f) (g) On-site waste disposal systems shall be loca ted to avoid impairment to
them or contamination from them during flooding.
(g) (h) Any alteration, repair, reconstruction, or i mprovements to a structure
on which the start of construction was begun after May 8, 1978, shall
meet the requirements of new construction as contai ned in this
chapter.
(h) (i) Manufactured homes shall be anchored to prev ent floatation, collapse,
or lateral movement. Method of anchoring may includ e, but is not
limited to, use of over-the-top or frame ties to gr ound anchors. This
standard shall be in addition to and consistent wit h applicable
requirements for resisting wind forces.
(i) (j) All mechanical, electrical and plumbing equipme nt must be located at
or above the BFE. This includes all heaters, air c onditioners,
compressors, fans, hot water heaters, laundry facil ities, plumbing
fixtures, etc.
(j) (k) Where enclosed space occurs below the BFE, o penings are required to
allow for automatic entry and exit of flood waters. FEMA requires a
minimum of two (2) openings having a total new area not less than
one (1) square inch per one (1) square foot of encl osed area. All
openings shall be one (1) foot above adjacent grade.
(k) (l) Louvers, screens, or other opening covers sh all not block or impede
the automatic flow of floodwaters into and out of the enclose d areas.
(l) (m) Openings meeting the requirement of (k) (j) and (l) (k) above may be
installed in doors. Doors by themselves do not mee t the flood venting
requirements.
(2) Mapped Areas : In all areas of special flood hazard where base fl ood elevation
data has been provided on FEMA Maps, the following provision s apply:
(a) Residential Construction : New construction or substantial
improvement of any residential structure shall have the lowest floor,
(as defined in Appendix “A” to these LDRs), includi ng basement,
elevated to or above base flood elevation.
(b) Nonresidential Construction: New construction or substantial
improvement of any commercial, industrial, or other nonresidential
4 ORD. NO. 37-11
structure shall either have the lowest floor, (as d efined in Appendix
“A” to these LDRs), including basement, elevated to the level of the
base flood elevation or, together with attendant ut ility and sanitary
facilities, be flood-proofed so that below the base flood level the
structure is watertight with walls substantially im permeable to the
passage of water and with structural components hav ing the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
(3) Subdivisions : All subdivision proposals shall
(a) Be consistent with the need to minimize flood damage;
(b) Have public utilities such as water, gas, sewer, an d electrical systems
located and constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood hazards;
(d) Provide base flood elevations in all cases where a plat involves five
acres of land or fifty dwelling units.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a c ourt of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remai nder hereof as a whole or part thereof other than t he
part declared to be invalid.
Section 4. That all ordinances or parts of ordinanc es in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effecti ve immediately upon its passage on
second and final reading. The Clerk shall provide a copy of the adopted ordinance to the Florida
Building Commission within thirty (30) days of passage on se cond and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the _____
day of ___________________, 20___.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
5 ORD. NO. 37-11
First Reading__________________
Second Reading________________
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: SEPTEMBER 19, 2011
AGENDA NO: VI. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED A MENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, SUBSECTION D
CONSTRUCTION STANDARDS.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to the Land Development Reg ulations (LDRs) that amends provisions
in the Flood Damage Control Districts.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
Amendments to Section 4.5.3, Flood Damage Control Di stricts, were recommended by the
Planning and Zoning Board on December 20, 2010 and su bsequently approved by City
Commission by Ordinance 02-11 on January 18, 2011. The purpose was to bring the
regulations into compliance with State requirements. The amendment generally dealt with
mechanical, electrical and plumbing equipment; required openings for enclosed spaces to allow
for flow of floodwaters; and included mention of louv ers, screens, door openings and required
dimensions.
However, the major component of the previously adopted ordinance (which is the subject of this
text amendment) was to require that the “lowest floor elevation be raised twelve inches (12”)
above the Base Flood Elevation (BFE) for all new const ruction and substantial improvements in
the special flood hazard areas for residential and comme rcial structures, mechanical equipment,
utility areas, or any enclosed area including basements and attached garages, or that it must
otherwise be provided with flood proofing per FEMA st andards.” This recently adopted
language has created significant obstacles and has presente d unintended consequences to
construction activities. It has further been learned tha t while once thought to be mandates from
the State that required our Land Developments to be updated, we now know that the previously
adopted amendments were optional . Accordingly, this text amendment will remove only t he
language that has been problematic.
Following are the negative effects that have been dis covered while implementing the
requirement to raise the lowest floor elevation twelv e inches (12”) above the Base Flood
Elevation (BFE) for all new construction and substantia l improvements in the special flood
hazard areas for residential and commercial structures, m echanical equipment, utility areas, or
any enclosed area including basements and attached garag es:
Storm water cannot be accommodated on-site, due to lar ge allowable building
envelopes and minimal area remaining to accommodate ru noff;
Planning and Zoning Board Meeting, September 19, 20 11
LDR Amendment – Flood Damage Control Districts
2
Steeper slopes resulting from increased elevation requi rements creates erosion
conditions;
Negative impacts have occurred to properties adjacent to construction sites;
To maintain storm water runoff on-site can require ve ry costly infiltration improvements;
Negative impacts have occurred to our public rights-of-way (ponding, erosion); and
Construction associated with a higher floor elevation than is actually required, results
with increased costs for fill material, foundation and si te stabilization efforts.
This amendment will remove the requirement to raise t he lowest floor 12” above the Base Flood
Elevation, while retaining the other components of th e code that have value and are beneficial.
Compliance with State requirements will be maintained with adoption of this amendment.
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/or Policies of the
Comprehensive Plan. The following were identified a s relevant to this amendment:
FLUE Objective A-1
Property shall be developed or redeveloped, in a man ner 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; a re complementary to and
compatible with adjacent land uses; and fulfill remain ing land use needs.
This objective is supported as new regulations will ensure that development and redevelopment
is appropriate in terms of topographic and other physical considerations, by requiring minimum
elevations for specified features along with openings t o allow for the flow of floodwaters.
FLUE Objective A-5
The City shall maintain its Land Development Regulati ons, which shall be regularly reviewed
and updated, to provide timely, equitable and stream lined processes including, but not limited
to, building permit processes for residential developme nts and to accommodate mixed-use
developments, and other innovative development practi ces.
FLUE Policy A-5.2 The City shall continue to enforce its Flood Damage Pro tection
Ordinance.
Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective
requires that the LDRs be regularly reviewed and regula rly updated, and the policy requires the
city to enforce its Flood Damage Protection Ordinance.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following civic a ssociations:
Neighborhood Advisory Council
Delray Citizen’s Coalition
Planning and Zoning Board Meeting, September 19, 20 11
LDR Amendment – Flood Damage Control Districts
3
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subs ection
(D) Construction Standards, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and app roval 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 Commi ssion of the amendment to Land
Development Regulations, Section 4.5.3, Flood Damage Control Districts, Subs ection
(D) Construction Standards, by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and app roval thereof is inconsistent with the
Comprehensive Plan and does not meet the criteria set f orth in LDR Section 2.4.5(M)
(motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations, Section 4.5.3,
Flood Damage Control Districts, Subsection (D) Cons truction Standards, 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 P lan and meets the criteria set forth in
LDR Section 2.4.5(M).
Attachment:
Draft Ordinance
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:October 26, 2011
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 40 -11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulat ions (LDRs) that will clarify
that the 30% maximum percentage of in-lieu spaces applies only to new development and exp ansion of
existing developments.
BACKGROUND
On August 2, 2011, the City Commission adopted Ordi nance No. 21-11. The ordinance limited the
number of required parking that could be satisfied via the purchase of spaces in-lieu to 30% of the
required spaces. This maximum percentage was a reco mmendation in the City’s Parking Management
Plan, but was not specific with respect to which of the various in-lieu option scenarios it should apply
to. After ordinance adoption, it became apparent th at this application should not apply to conversion of
existing space as in most cases these conversions w ould exceed the 30% maximum (unless there was a
surplus of parking spaces). Since the ordinance ado ption, two separate in-lieu of parking requests were
presented to the City Commission. These requests in volved the properties at 9 NE 2nd Avenue and 5 SE
2nd Avenue, and both required waivers to the newly established 30% maximum. However, as the new
modifications to the in-lieu program, established i n Ordinance No. 21-11, significantly expanded its
application to include new development, maximum per centage for certain in-lieu fee applications is still
appropriate. This ordinance will clarify that this 30% maximum will apply to in-lieu requests involving
new development or expansion of existing uses.
REVIEW BY OTHERS
The Downtown Development Authority (DDA) reviewed t he item at their October 10, 2011 meeting
and recommended approval.
The West Atlantic Redevelopment Coalition (WARC) re viewed the item at their October 11, 2011
meeting and recommended approval.
The Community Redevelopment Agency (CRA) reviewed t he item at their October 13, 2011 meeting
and recommended approval.
The Parking Management Advisory Board (PMAB) review ed the item at their October 25, 2011
meeting and recommended approval.
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended
approval on a 7-0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 40-11 on first rea ding for a city-initiated amendment to Section
4.6.9(E)(3) of 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. 40-11
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 4.6.9, “OFF-STREET
PARKING REGULATIONS”, SUBSECTION (E), “LOCATION OF
PARKING SPACES”, PARAGRAPH (3), “IN-LIEU FEE”; TO
CLARIFY THE APPLICABILITY OF THE MAXIMUM
PERCENTAGE OF IN-LIEU PARKING SPACES PERMITTED;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the
proposed text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determine d that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2 . That Section 4.6.9, “Off-Street Parking Regulati ons”, Subsection (E),
“Location of Parking Spaces”, Paragraph (3), “In-li eu Fee”, of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida , be amended to read as follows:
(3) In-Lieu Fee: All Subject to the limitations of this Section, new development, use
conversion to existing buildings, building addition s and/or renovations, that result in the
requirement to provide new parking or additional pa rking, have the option of requesting some of
the parking spaces to be approved by the City Commi ssion through the payment in-lieu of parking
program. Required parking for exclusively residenti al development or residential components of
2 ORD. NO. 40-11
mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of
eligible required parking can be provided under thi s option, except for use conversions for which
there is no maximum . Before granting such approvals, the City Commissi on must find that
adequate public parking options are available and t hat the request is consistent with the Land
Development Regulations, City Comprehensive Plan, a nd all currently adopted City policies
and/or studies.
Payment of a fee in-lieu of required parking shall be pursuan t to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts,
in compliance with the Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by t he City Commission at the time of the
approval of the in-lieu fee. The fee amount shall b e based upon the location of the
property for which in-lieu fees are being sought. Area descr iptions and corresponding fee
amounts are hereby established as follows: (See correspond ing map).
(1) Area 1 : Parcels located east of the Intracoastal Waterwa y which are zoned CBD -
$18,200 per space.
(2) Area 2 : Parcels located west of the Intracoastal Waterwa y which are zoned CBD or
CBD-RC and which are not included within the Pineap ple Grove Main Street area,
West Atlantic Neighborhood or Block 69 located in t he Old School Square Historic
Arts District (OSSHAD) - $15,600 per space.
(3) Area 3 : Parcels located within the OSSHAD zoning distric t, except for Block 69 as
noted in Area 2; and parcels located within the Pin eapple Grove Main Street area
which are zoned CBD or CBD-RC - $7,800 per space.
(4) Area 4 : Parcels located within the West Atlantic Neighbo rhood which are zoned
CBD - $4,000 per space.
3 ORD. NO. 40-11
4 ORD. NO. 40-11
(c) All proceeds from such a fee shall be used for parking pur poses
(d) For property owners opting to pay in full, or l essees of properties, payment of the in-lieu
fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in installments.
Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an
In-Lieu of Parking Fee Agreement with the City prio r to or upon issuance of a building
permit. Such agreement shall be recorded with the P ublic Records Office of Palm Beach
County, Florida. The obligations imposed by such a n In-Lieu of Parking Fee Agreement
constitute a restrictive covenant upon a property, and shall bind successors, heirs and
assigns. The restrictive covenant shall be release d upon full payment of the in-lieu
parking fees including attorneys’ fees and costs. In-Lieu of Parking Fee Agreements shall
only be made between the City and the Owner(s) of t he subject property. If an In-Lieu
of Parking Fee Agreement is entered into, installme nt payments shall be made over a
three-year time period in three installments. The first installment shall be 50% of the
total fee and is to be paid upon signing the agreem ent. The second installment shall be
25% of the total fee and is due on the second anniv ersary date of the signing of the
agreement. The third and final payment of 25% of t he total fee is due on the third
anniversary date of the signing of the agreement. There shall be no interest due under
this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed
project for which an in-lieu parking fee has been a pproved, the applicant must construct
additional on-street parking, not to exceed the tot al amount of spaces subject to in-lieu
fees unless authorized by the City Commission. The applicant will be credited up to one-
half of a parking space for each full parking space constructed within public right-of-way.
(For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant
constructs 4 spaces in the right-of-way; the applic ant must only pay the in-lieu fee for 2
spaces). Crediting of spaces constructed in the right-of-w ay resulting in a fraction shall be
rounded down. Credit may not be taken for those pa rking spaces constructed in the
public right-of-way which are required to meet the performance standards for. new
developments.
(f) Requests to allow in-lieu fee payments that ar e not associated with a site plan or a site plan
modification shall expire two years after such requ est is approved. The fee charged shall
be the fee that is set forth in the Land Developmen t Regulations at the time payment is
made for spaces required to accommodate the associa ted site plan or site plan
modification.
Section 3. That should any section or provision of this ordi nance or any portion
thereof, any paragraph, sentence, or word be declar ed by a court of competent jurisdiction to be
5 ORD. NO. 40-11
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 con flict herewith be, and the
same are hereby repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the
_____ day of ___________________, 2011.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA NO: V. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
4.6.9, “OFF-STREET PARKING REGULATIONS”, SUBSECTION
4.6.9(E)(3), “IN-LIEU FEE”, TO CLARIFY THAT THE 30% M AXIMUM
PERCENTAGE OF IN-LIEU SPACES APPLIES TO NEW
DEVELOPMENT, AND EXPANSION OF EXISTING DEVELOPMENTS .
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a
city-initiated amendment to Land Development Regulat ions (LDRs) that clarifies that the 30%
maximum percentage of in-lieu spaces applies to new deve lopment and expansion of existing
developments.
Pursuant to Section 1.1.6, an amendment to the text o f the Land Development Regulations may
not be made until a recommendation is obtained from t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
On August 2, 2011, the City Commission adopted Ordina nce No. 21-11. The ordinance limited
to 30% the number of required parking that could be satisfied via the purchase of spaces in-lieu
of actually providing them. This maximum percentage wa s a recommendation in the City’s
Parking Management Plan, but was not specific with resp ect to which of the various in-lieu
option scenarios it should apply to. After ordinance ado ption, it became apparent that this
application should not apply to conversion of existing sp ace as in most cases these conversions
would exceed the 30% maximum (unless there was a surplus of parking spaces).
Since the ordinance adoption, two separate in-lieu of parking requests were presented to the
City Commission. These requests involved the propertie s at 9 NE 2 nd Avenue and 5 SE 2 nd
Avenue, and both required waivers to the newly establ ished 30% maximum.
However, as the new modifications to the in-lieu progr am, established in Ordinance No. 21-11,
significantly expanded its application to include new de velopment maximum percentage for
certain in-lieu fee applications is still appropriate. This ordinance will clarify that this 30%
maximum will apply to in-lieu requests involving new d evelopment or expansion of existing
uses.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
2
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals , Objectives and Policies of the
Comprehensive Plan. A thorough review of the Compre hensive Plan was conducted and the
following objective supports this proposed amendment:
Future Land Use Element Objective A-5 states that “the City shall maintain its Land
Development Regulations, which shall be regularly revie wed and updated, to provide timely,
equitable and streamlined processes including, but not li mited to, building permit processes for
residential developments and to accommodate mixed-use d evelopments, and other innovative
development practices.”
This LDR text amendment is supported by this Comprehensi ve Plan objective and will
implement one of the recommendations of the Delray B each Parking Management Plan.
REVIEW BY OTHERS
The Downtown Development Authority (DDA) reviewed the item at their October 10, 2011
meeting and recommended approval.
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 11,
2011 meeting and recommended approval.
The Community Redevelopment Agency (CRA) reviewed the item at their October 13, 2011
meeting and recommended approval.
The Parking Management Advisory Board (PMAB) will review the item at their October 25,
2011 meeting and their recommendation will be report ed at second reading.
Courtesy Notices
Courtesy notices were provided to the following homeo wner and civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be prov ided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
This amendment implements one of the recommendations of the City of Delray Beach Parking
Management Plan of August 2010. This amendment clari fies that the 30% maximum limitation
applies to new development and expansion of uses only.
ALTERNATIVE ACTIONS
A. Continue with direction.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
3
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”,
Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify Th at The 30% Maximum Percentage
of In-Lieu Spaces Applies To New Development And Ex pansion Of Existing
Developments, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f 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 Commi ssion of the amendment to Land
Development Regulations, by Section 4.6.9, “Off-Street Parking Regulations”,
Subsection 4.6.9(E)(3), “In-Lieu Fee”, To Clarify Th at The 30% Maximum Percentage
of In-Lieu Spaces Applies To New Development And Ex pansion Of Existing
Developments, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f is inconsistent with the
Comprehensive Plan and does not meet the criteria set f orth in LDR Section 2.4.5(M)
(motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Developm ent Regulations, by Amending
Section 4.6.9, “Off-Street Parking Regulations”, Sub section 4.6.9(E)(3), “In-Lieu Fee”, To
Clarify That The 30% Maximum Percentage of In-Lieu Spaces Applies To New
Development And Expansion Of Existing Developments, by adopting the findings of fact
and law contained in the staff report, and finding th at the text amendment and approval thereof
is consistent with the Comprehensive Plan and meets the c riteria set forth in LDR Section
2.4.5(M).
Attachment:
Proposed LDR text amendment
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Fee In-Lieu of Parking (Clarification of Maximum Percentage Cap)
4
(3) In-Lieu Fee : All new development, use conversion to existing buildi ngs, building
additions and/or renovations, that result in the requi rement to provide new parking or additional
parking, have the option of requesting some of the pa rking spaces to be approved by the City
Commission through the payment in-lieu of parking pro gram. Required parking for exclusively
residential development or residential components of mi xed use developments are not eligible
for this in-lieu option. A maximum limit of 30% of e ligible required parking can be provided under
this option for new development or expansion of existing uses . The maximum does not apply to
conversion of use. Before granting such approvals, the City Commission must find that
adequate public parking options are available and tha t the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City policies
and/or studies.
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:October 26, 2011
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 41 -11
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulat ions (LDRs) that will clarify
the approval authority for uses under a tent.
BACKGROUND
Temporary Use Permits are currently required for a list of uses in Section 2.4.6 (F) of the LDRs, whic h
includes Uses Under a Tent. Specific uses that are allowed under a temporary tent must currently be
approved by the City Commission. The allowed uses i nclude: the sale of seasonal items, such as
Christmas trees that provide for a less hazardous p roduct when protected from the sun; and assembly
occupancies to protect the public from the elements . The use of tents for retail sales or other commer cial
use is prohibited, except as otherwise permitted in this Section. This ordinance adds the Chief Buil ding
Official as a granting authority to approve Tempora ry Use Permits for uses under a tent including
seasonal items. Further, other than seasonal sales, uses for assembly purposes are limited to a maximu m
of 7 days. This can be approved for up to 3 days by the Chief Building Official. Requests for more tha n
3 days up to a maximum of 7 days require City Commi ssion approval.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended
approval on a 7-0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 41-11 on first rea ding for a city-initiated amendment to Section
2.4.6 (F) of the Land Development Regulations, by a dopting 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. 41-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6,
“PROCEDURES FOR OBTAINING PERMITS AND APPROVALS”,
SUBSECTION (F), “TEMPORARY USE PERMIT”, TO CLARIFY THAT
THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FO R
TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERA L
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of De lray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed
text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the ch anges
be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c ), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the chan ge is consistent with and furthers the goals, objec tives 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 f inds the ordinance is consistent with the
Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated he rein.
Section 2. That Section 2.4.6, “Procedures for Obtaining Perm its and Approvals”, Subsection (F),
“Temporary Use Permit”, of the Land Development Regula tions of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
2 ORD. NO. 41-11
(F) Temporary Use Permit : A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission or Chief Building O fficial
3. Sales Offices and Models at a Residential Develo pment Site -- Chief Building
Official
4. Construction Trailers and Compounds -- Chief Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer’s Market -- City Commission
7. Temporary Parking Lots -- City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Ca rousel, and Other Related
Holiday, Seasonal/Temporary Uses – City Commission
(1) Rule : No temporary use shall be allowed except as prov ided in this Subsection (H) or
as otherwise provided for in these regulations.
(2) Required Information : A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the f ollowing information, as applicable to the use bein g
requested.
(a) Name of petitioner;
(b) Name of property owner and consent therefrom;
(c) Location of site;
(d) Purpose, activity to be conducted;
(e) Period of use;
(f) Proof of ability to connect temporary electric service s (see Article 7.2);
(g) Proof of ability to provide toilet facilities f or both men and women on the
premises, subject to approval of the County Health Departm ent;
(h) How foodstuffs are to be handled;
3 ORD. NO. 41-11
In addition, for circuses and carnivals, the following is re quired:
(i) The nature of the advertising or promotion acti vity to be conducted for the
circus or carnival;
(j) Proof of whether or not the applicant, or the i ndividual identified as having the
management authority or supervision of the circus o r carnival, has been
convicted of any crime or misdemeanor and, if so, t he nature of each offense
and the penalty assessed for each offense;
(k) If specifically required, copies of all printed advertising proposed to be used in
promoting the use;
(l) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such
representative.
(3) Regulations and Restrictions :
(a) Uses Under a Tent :
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public us e (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
Tents for these uses can be approved for up to 3 da ys by the
Chief Building Official Requests for more than 3 da ys up to a
maximum of 7 days requires City Commission approval.
c. The use of tents for retail sales or other comme rcial use is
prohibited, except as otherwise permitted in this section.
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire
resistance.
b. Adequate fire protection equipment, in a type an d capacity as
approved by the Fire Marshall, shall be provided on the prem ises
at all times.
4 ORD. NO. 41-11
c. Payment of a permit fee [2.4.3(K)] and a deposit of $50 which
shall be returned upon determination by the Chief B uilding
Official that all debris resulting from the use has been removed
from the site.
d. Obtaining of permits for electrical and health a nd sanitation
facilities, as applicable.
(b) Circuses and Carnivals :
1. An investigation of the applicant's business rep utation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the circus
or carnival would pose a substantial threat to the public health, safety,
morals, or general welfare.
2. Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained.
(c) Seasonal Farmers Market :
1. A farmer’s market may be permitted within that p ortion of the City’s
Transportation Concurrency Exception Area that is w est of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions:
a. The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, o r other
agency which is formulated for the purposes of econ omic
development as approved by the City Commission.
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more tha n one day
per week, unless specifically authorized by the Cit y Commission.
The Commission shall establish the specific days an d hours of
operation, as well as the duration of the temporary use permi t.
c. Products to be sold shall consist of agricultura l produce, plants
and flowers; baked goods; and cheeses. The Commiss ion may
also at its discretion approve the limited sale of related products
such as handmade crafts, prepared foods, and promot ional items
bearing the name of the City and the market. The s ale of such
5 ORD. NO. 41-11
additional items, if approved, shall be limited to a specific
number or percentage of the total vendors.
d. The Commission may approve the design elements o f the
market (i.e. site layout, types of tents/booths to be erected, etc.),
or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservati on Board
(HPB) as appropriate. All elements must comply wit h applicable
health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carou sel, and Other
Related Holiday, Seasonal/Temporary Uses :
1. The horse drawn carriage rides, ice skating rink , carousel, and other
related holiday, seasonal/temporary uses must be sp onsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes o f economic
development as approved by the City Commission. Th e
owner/operator of the horse drawn carriage rides mu st have a license
agreement approved by the City Commission prior to commencing the
use.
In addition to the holiday, seasonal, and temporar y uses referred to in
Section 2.4.6(F )(3)(d)(1) above, horse drawn carriage rides are al so
permitted for certain special events under the term s and for the times
permitted in a license agreement. Horse drawn carr iage special event
rides not governed by Section 2.4.6(F )(3)(d)(1) above, are only permitted
between 6:00 p.m. and 10:00 p.m. from June 1 st through November 1,
except for weddings, which may also occur between t he hours of 8:00
a.m. and 12:00 noon from June 1 st through November 1 st .
(e) Temporary Parking Lots :
1. A temporary parking lot may be permitted within the foll owing areas:
** a. the portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinto n Avenue on the
west, the Intracoastal Waterway on the east, N.E. 2 nd Street on the
north, and S.E. 2 nd Street on the south;
6 ORD. NO. 41-11
** b. the portion of the CBD and CBD-RC District which i s bounded by
N.E. 2 nd Avenue on the west, the FEC Railway on the east, N .E. 2 nd
Street on the south, and N.E. 4 th Street on the north;
** c. the portion of the CBD located east of the Intracoastal Water way;
** d. the non-residential zoning districts bounded by Swi nton Avenue on the
east, I-95 on the west, N.W. 1 st Street on the north, and S.W. 1 st Street
on the south.
2. Temporary parking lot spaces shall not be used t o fulfill minimum off-
street parking requirements for new development or redevelopment.
Temporary lots may be used to supplement required parking.
3. Prior to issuance of the temporary use permit, t he applicant shall submit
a site plan which includes proposed grade elevation s, landscaping and
other information which addresses the regular maint enance of the
parking surface and irrigation of the landscaped areas.
4. The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by the
Parking Management Advisory Board prior to submissi on to the City
Commission for consideration.
5. Permits for temporary parking lots shall be issu ed for a one-year period.
Permits may be renewed annually to a maximum of thr ee (3) years upon
review and positive recommendation by the Parking M anagement
Advisory Board.
6. The temporary parking lot shall be monitored for compliance with the
approved plan. Should the City Manager find that t he operation of a lot
is not in compliance or if the lot has an adverse e ffect on surrounding
properties, and the applicant is unable or unwillin g to rectify the
problem the permit may be reviewed by the City Comm ission for
possible revocation.
7. Within thirty (30) days of expiration of the per mit, all rock or gravel
surfaces shall either be removed or covered with to p soil. The site shall
then be sodded or landscaped as determined acceptab le by the Planning
and Zoning Department.
8. A temporary parking lot shall be constructed to the following
specifications:
7 ORD. NO. 41-11
a. The parking lot surface shall be brought to grade with a du st-free
surface of one of the following materials over soil which has
been compacted to 95% maximum density per AASHTO T-180:
** 1. four inches of crushed limerock or shellrock coate d with
a prime coat per FDOT “Standard Specifications for
Road and Bridge Construction”, latest edition;
** 2. four inches of pearock, gravel or river rock; or
** 3. six inches of mulch.
b. If the lot is not operated on a 100% valet basis , wheel stops shall
be provided as a means to indicate individual spaces. The si ze of
the parking spaces, maneuvering areas and aisle wid ths shall be
subject to the standards of Section 4.6.9(D)(4). I n addition, the
parking lot shall meet the requirements of the “Flo rida
Accessibility Code for Building Construction”.
c. If the lot is operated on a 100% valet basis, th en wheel stops
shall be provided at the edge of the parking surface.
d. The lot shall meet the requirements of Section 4 .6.9(D)(3) for
access to the street system. Driveway aprons betwe en the edge
of pavement and the right-of-way line shall be cons tructed of
asphalt or concrete.
e. The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet high
hedge or 4 feet high opaque fence. Water for irrig ation shall be
available within fifty (50) feet of all landscaped areas.
f. If the parking lot is to be utilized at night, t he applicant shall
contract with FPL to install supplementary lighting on adjacent
power poles where possible. The applicant may, as an option,
provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-1/2 f eet above the
ground shall not be removed.
8 ORD. NO. 41-11
(4) Procedures : Upon receipt of all required information, the gr anting authority shall take
the request under consideration and upon assurance that all applicable regulations and requirements will
be met, the authority shall issue a temporary use permit for a period of time as specified in the permit.
Section 3 . That should any section or provision of this ordi nance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion 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 con flict herewith shall be, and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective immedi ately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this ____ day of
_______________, 2011.
______________________________
MAY OR
ATTEST:
___________________________
City Clerk
First Reading________________
Second Reading______________
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.6
(F) “TEMPORARY USE PERMIT”, TO CLARIFY THE APPROVAL
AUTHORITY FOR USES UNDER A TENT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city-
initiated amendment to the Land Development Regulat ions (LDRs) that will clarify the approval
authority for uses under a tent.
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 t he Planning and Zoning Board.
BACKGROUND/ANALYSIS
Temporary Use Permits are currently required for a list of uses included in S ection 2.4.6 (F) of the
LDRs, among which include Uses Under a Tent . Specific uses that are allowed under a temporary
tent must currently be approved by the City Commission . The allowed uses include: the sale of
seasonal items, such as Christmas trees that provide for a less hazardous product when protected
from the sun; and assembly occupancies to protect the publi c from the elements. The use of tents
for retail sales or other commercial use is prohibited, except as otherwise permitted in this Section.
.
This ordinance adds the Chief Building Official as a gra nting authority to approve Temporary Use
Permits for uses under a tent including seasonal items. Fu rther, other than seasonal sales, uses
for assembly purposes are limited to a maximum of 7 da ys. This can be approved for up to 3 days
by the Chief Building Official. Request for more tha n 3 days up to a maximum of 7 days requires
City Commission approval.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the C ity Commission make a finding that the text
amendment is consistent with and furthers the Goals, Obj ectives and Policies of the
Comprehensive Plan. While there were no specific section s of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment-Temporary Use Permit, Uses Under a Tent
2
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeo wner and civic associations:
Neighborhood Advisory Council
Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be pro vided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed ordinance will allow seasonal uses under ten ts to be approved by the Chief Building
Official rather than City Commission as currently writte n. It is noted this is consistent with past City
Commission direction. The changes will allow short term approval (up to 3 days) for assembly
under a tent by the Chief Building Official, from 3 to 7 days by City Commission, and prohibit
approvals greater than 7 days. The amendment will al low for improved turnaround time for short
term temporary uses, by avoiding the need to wait to be scheduled before the City Commission.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Com mission of the amendment to Land
Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, 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 Pl an and meets the criteria set forth in
LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commi ssion of the amendment to Land
Development Regulations, Section 2.4.6 (F) “Temporary Use Permit”, to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, 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 Developm ent Regulations, Section 2.4.6 (F)
“Temporary Use Permit”, to Clarify the Approval Auth ority for Temporary and Seasonal
Uses Under a Tent, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereo f is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M ).
Attachment:
Proposed Ordinance
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:October 28, 2011
SUBJECT:AGENDA ITEM 12.D. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 42 -11
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No . 42-11 which modifies the pension contribution
amount of police officer.
BACKGROUND
This ordinance implements the pension changes for p olice officers contained in the recently ratified
collective bargaining agreements between the City a nd the PBA for the officers, sergeants and
lieutenants. The ordinance provides for an increase in member contribution from 3% to 6% of earnings
and removes a reference to a previous member contri bution amount.
RECOMMENDATION
The City Attorney recommends approval of Ordinance No. 42-11.
ORD. NO. 42-11 1
ORDINANCE NO. 42-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33,
“POLICE AND FIRE-RESCUE DEPARTMENTS”, SECTION,.
33.61, “MEMBERSHIP; CONDITIONS OF ELIGIBILITY;
APPLICATION”, SUBSECTION (B), “APPLICATION”, TO
MODIFY MEMBER CONTRIBUTIONS; SECTION, 33.64,
“CONTRIBUTIONS", SUBSECTION (A), “MEMBER
CONTRIBUTIONS”, TO MODIFY MEMBER
CONTRIBUTIONS FOR POLICE OFFICERS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O F DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.61,
Membership; Conditions of Eligibility; Application”, Subsecti on (B), “Application”, of the Code
of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Sec. 33.61. - MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION .
* * *
(B) Application. Each eligible employee shall complete an application form covering the
following points, as well as any other points or items as may be presc ribed by the Board.
(1) The employee's acceptance of the terms and conditions of the retireme nt system,
including an initialing of any declaration of ineligibility for disab ility benefits;
(2) The employee's designation of a beneficiary; and
(3) Authorization of a member contribution in the amount specified i n section
33.64(A), and section 33.62(B)(3) if applicable, by seven and thi rty -three
hundredths (7.33) percent payroll deduction payable to the system, effective
October 1, 1989 .
Section 2 . That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.64,
“Contributions”, Subsection (A), “Member Contributions”, of the Code of Ordinances of the
City of Delray Beach is hereby amended to read as follows:
Sec. 33.64. - CONTRIBUTIONS.
(A) Member Contributions.
ORD. NO. 42-11 2
(1) Effective the first pay period after September 1, 1999, me mbers of the retirement
system shall make regular contributions to the Trust Fund at a rat e equal to three (3) percent
of their respective annual earnings. Eligible employees, as a condition of membership, shall
agree in writing upon becoming a member to make the contribution s pecified herein. These
contributions shall be deducted from the earnings before the same are paid, until the
member has completed twenty-five (25) years of continuous service at which time member
contributions are no longer required.
(2) Effective the first pay period starting after May 3, 2011, members of the retirement
system employed as firefighters shall make regular contri butions to the Trust Fund at a rate
equal to six (6) percent of their respective annual earnings. E ligible employees, as a
condition of membership, shall agree in writing upon becoming a mem ber to make the
contribution specified herein. These contributions shall be deducted from the earnings
before the same are paid, until the member has completed twent y-five (25) years of
continuous service at which time member contributions are no longer required.
(3) Effective the first pay period starting after October 4, 2011, members of the retirement
system employed as police officers shall make regular cont ributions to the Trust Fund at a
rate equal to six (6) percent of their respective annual earni ngs. Eligible employees, as a
condition of membership, shall agree in writing upon becoming a mem ber to make the
contribution specified herein. These contributions shall be deducted from the earnings
before the same are paid, until the member has completed twent y-five (25) years of
continuous service at which time member contributions are no longer required.
(4)(3) The City shall pick up the member contribution required by sub sections (A)(1),
and (A)(2) and (A)(3) above. The contributions so picked up shall be treated as employ er
contributions in determining tax treatment under the United States Internal Revenue Code.
The City shall pick up the member contributions from funds estab lished and available in the
salaries account, which funds would have otherwise been designated as member
contributions and paid to the pension fund. Member contributions picked up by the City
pursuant to this subdivision shall be treated for purposes of maki ng a refund of member
contributions, and for all other purposes of this and other laws, in the same manner and to
the same extent as member contributions made prior to the effe ctive date of this
subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the
Internal Revenue Code.
Section 3 . That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of compe tent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4 . That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
ORD. NO. 42-11 3
Section 5 . That this ordinance shall become effective immediately upon pa ssage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final readi ng on this the
_____ day of ___________________, 2011.
______________________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
First Reading__________________
Second Reading________________
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The Lake Worth Drainage District (LWDD) is a govern-
mental agency established over 95 years ago to provide
water control to promote settlement. Originally created
on June 15, 1915, LWDD operates under Chapter 09-
258. The second largest water control district in the
State of Florida, LWDD encompasses roughly 220
square miles. Included within the boundaries of LWDD
are all or portions of 13 municipalities. LWDD is gov-
erned by a five member Board of Supervisors elected by
the landowners within its boundary and is funded
through a non -ad valorem assessment of $38.00 /per acre
or portion thereof.
Today LWDD provides flood protection to an estimated
700,000 residents, thousands of acres of agricultural
land and urban development by maintaining approxi-
mately 475 miles of canals, 20 major water control
structures and numerous minor structures. LWDD also
provides ground water recharge to prevent saltwater in-
trusion and water supply for numerous municipal water
utilities.
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As the need for future water supply grows so does the
role of Lake Worth Drainage. As one of the largest
stormwater conveyance systems in Florida, LWDD pos-
sesses the ability to capture, retain and direct stormwater
throughout southeastern Palm Beach County and can aid
in the delivery, capture and storage of stormwater to
neighboring counties. No other entity in Palm Beach
County has the geographic location and infrastructure to
immediately begin addressing many of the water supply
issues facing our citizens. With nearly 100 years of wa-
ter management experience, LWDD is ready and able to
address the alternative water supply needs we face today
and in the future.
Board of Supervisors
C. David Goodlett
President
James M. ,Alderman
Senior Vice President
John I. Whitworth, III
Vice President
Joyce D. Haley
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