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11-16-99 Regular CITY OF DELRAY BEACH,. FLORIDA - CITY COMMISSION REGULAR MEETING :oo ?:so COMM I S S I ON CHAMBERS 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the. City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PL~LIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings 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 on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addIessed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of November 2, 1999 6. Proclamations: A. Recognizing and commending Dave Gagnon and Ronnie Rosen for their response to a life-threatening emergency 7. Presentations: A. Presentation of 1999 Long Drive Contest Trophy to Commissioner Patricia Archer 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/NCF&O, LOCAL 1227 (WHITE COLLAR UNIT): Ratify and approve the Collective Bargaining Agreement between the City and the National Conference of Firemen and Oilers (NCP&O), Local 1227 (White Collar Unit), effective upon ratification and continuing in effect until September 30, 2000. -B. EXTENSION AND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND RENNER: Approve an extension and amendment to the Contract for Sale and Purchase between the City and Mr. & Mrs. Rennet concerning the City's acquisition of property located at 114 N.W. 2nd Avenue for additional tennis courts. C. FINAL PLAT APPROVAL/CONGRESS AT ATLANTIC PARCEL: Approve the final subdivision plat for 'Congress at Atlantic Parcel', a two parcel subdivision located at the southwest corner of West Atlantic Avenue and Congress Avenue. Regular Commission Meeting November 16, !999 D. TEMPORARY BANK FACILITY FOR REPUBLIC SECURITY BANK (NORTHWEST CORNER OF N.E. 6TH AVENUE & N.E. 2ND STREET}: Approve a temporary use permit for the placement of a modular building at 202 N.E. 6th Avenue to allow a temporary bank facility for Republic Security Bank, based upon positive findings and subject to conditions. E. HOLD HARMLESS AGREEMENT/CANOPY AT CITY OYSTER: Approve a Hold Harmless Agreement associated with the installation of a canopy at City Oyster located at 213 East Atlantic Avenue (north side of Atlantic Avenue between Pineapple Grove Way/N.E. 2nd Avenue and the FEC Railroad. F. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF THE POMPEY PARK BALLFIELDS/PHASE ,. I: Approve an interlocal agreement between the City and Palm Beach County that provides for grant funding in the amount of $200,000 from the County for the Pompey Park Ballfields/Phase I project. G. GRANT APPLICATION FOR COMMUNITY EMERGENCY RESPONSE TEAM (CERT} EDUCATION: Authorize submitting an application to the State of Florida, Department of Community Affairs, Emergency Management Preparedness and Assistance Trust Fund for grant funding in the amount of $20,000 to continue the Community Emergency Response Team training program. No matching funds are required. H. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify the appointment of various representatives to the Kids and Cops Committee for two year terms ending November 30, 2001. I. RESOLUTION NO. 75-99: Approve a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 1st through November 12, 1999. K. GRANT APPLICATION FOR GLOBAL POSITIONING SATELLITE (GPS) UNITS: Authorize submitting an application to the State of Florida, Department of Community Affairs, Emergency Management Preparedness and Assistance Trust Fund for grant funding in the amount of $20,000 to fund the purchase of two global positioning satellite units which will be used to generate accurate geographical information to disaster response teams. No matching funds are required. L. AWARD OF BIDS AND CONTRACTS: 1. Grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $14,795.00 to Abisset Corporation for rehabilitation of an owner occupied single family housing unit at 334 N.W. 3rd Regular Commission Meeting November 16, 1999 Avenue, with funding from 118-1924-554-49.19 (SHIP/Housing Rehabilitation). 2. Bid award at an estimated annual cost of $16,500.00 to Blackwell's Tractor Services as primary contractor and to Walcott and Son as the secondary (backup) contractor for Code Enforcement nuisance abatements (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Clearing) from FY 2000 budget. 3. Contract award in the amount of $73,872.30 to Randolph & Dewdney Construction, Inc. for construction of the restroom facilities at Sandoway Park, with funding from 117-4170-572-63.80 (Recreation Impact Fee - Sandoway Park Restrooms). 4. Purchase award in the amount of $21,755.00 to Audio Intelligence Devices for the purchase and installation of a pole camera surveillance system that will be used for undercover operations and various other sections in the Police Department, with funding from 115-2116-521-64.90 (1998 Local Law Enforcement Block Grant - Other Machinery/Equipment). 5. Purchase award in the amount of $14,283.00 to Comark Government & Education Sales, via Florida State contract, for the purchase of 27 Sierra Wireless Aircard Modems for Police Department communication with dispatchers, with funding from 334-6111-519-64.29 (COPS More 98 Grant). 6. Bid award to Callaway Concrete Company, via joint bid with City of Boynton Beach, for the annual ready-mix concrete contract at an estimated annual cost of $72,900.00, with funding from 001-3113-541-53.90 (Streets Maintenance/Other Road Materials) and various capital project accounts. 7. Bid award in the estimated annual amount of $74,902.00 for annual contracts with multiple vendors (Hardrives, Community Asphalt, Allied Trucking, Austin Tupler, and D.S. Eakins) for various road construction materials, with funding from Streets Division and Construction Division FY 2000 operating budgets and capital project accounts. 8. Purchase award to BetzDearborn for the purchase of anionic polymer (approximately 4,250 pounds or eighty-five 50 lb. bags at $2.79 per pound) for an estimated total cost of $11,857.50 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). -4- Regular Commission Meeting November 16, 1999 ~ 9. Purchase award in the amount of $10,720.00 to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well, Number 26, with funding from 442-5178-536-61.76 (W&S Renewal & Replacement/Equipment Replacement Program). 10. Purchase award in the amount of $20,035.00 to Data Flow Systems, Inc., sole source provider, for the purchase of equipment necessary to complete five (5) telemetry control radios at five sites within the 20 Series Wellfield, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment), 11. Contract renewal with Metro Service Consultants, Inc., via City of Melbourne bid, for maintenance of 875 fire hydrants at a unit cost of $57.50, for an estimated annual cost of $50,312.50, with funding from 441-5123-536-34.90 (Water Distribution - Other Contractual Services). 12. Purchase award to Commercial Chemical Products, sole source provider based upon delivery requirements, for the annual purchase of sodium hypochlorite-bulk delivery for 23,000 gallons at a total cost of $19,550.00 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). M. GRANT APPLICATION FOR OPERATION WE~D AND S~D: Authorize submitting an official recognition application to the Department of Justice, Executive Office for Weed and Seed, that, if approved, would afford the City the opportunity to apply for grant funding, preference in receiving discretionary resources from participating federal agencies, and priority for participating in federally sponsored training and technical assistance. 9. Regular Agenda: A. CONDITIONAL USE REOUEST/JET.,,SKI STATION: Consider a request for conditional use approval to allow the indoor sales and service of personal watercraft in the GC (General Commercial) zoning district for Jet Ski Station. The subject property is located at the southwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 7th Street. QUASI-JUDICIAL PROCEEDING B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a request to waive the requirement for a sidewalk along the east and south sides of a proposed 3-unit townhouse development (Advanced Builders) located at the northwest corner of Dogwood Drive and Spanish Trail. QUASI-JUDICIAL PROCEEDING -5- Regular Commission Meeting November 16, 1999 C. RESOLUTION NO. 73-99: Consider approval of a resolution authorizing the City to transfer and exchange certain real property with the Community Redevelopment Agency to provide for a public parking facility associated with the proposed Block 77 project. D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz on the Avenue scheduled for December 9, 1999, including temporary use permits and street closures, staff support, use of City equipment, and specified overtime costs. E. CONTRACT AWARD FOR THE TENNIS CENTER: Consider approval of a contract award for the Phase IV improvements to the Tennis Center. F. RESOLUTION NO. 74-99: Consider approval of a resolution supporting a legislative initiative to reform the Municipal Revenue Sharing Program and the Municipal Financial Assistance Trust Fund. G. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three members to the Kids and Cops Committee for two year terms ending November 30, 2001. The appointments will be made by Commissioner Archer (Other Representation), Commissioner Wright (Citizen at Large), and Commissioner Randolph (Other Representation). 10. Public Hearings: A. ORDINANCE NO. 45-99: An ordinance amending LDR Section 4.4.15, "Planned Office Center (POC) District", Subsection 4.4.15(D), "Conditional Uses and Structures Allowed", to provide for 'Restaurants, excluding drive-in and drive-through facilities' as a conditional use in the POC zone district. B. ORDINANCE NO. 31-99 (SECOND READING/ADOPTION HEARING): An ordinance adopting Comprehensive Plan Amendment 99-2. C. ORDINANCE NO. 43-99 (REZONING FOR BORTON MOTORS): An .. ordinance rezoning a parcel of land (Lots 37 & 38, Delray Beach Estates) from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships. QUASI-JUDICIAL HEARING D. ORDINANCE NO. 47-99 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Sections 4.4.24(B) (9) and 4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block 69, to the list of lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to certain standards of the Central Business District. If passed, a second public hearing will be scheduled for December 7, 1999. Regular Commission Meeting November 16, 1999 E. ORDINANCE NO. 46-99 (DESI~NATIN~ FELLOWSHIP HALL AT FIRST PRESBYTERIAN CHURCH AS LOCAL HISTORIC SITE): An ordinance designating the Fellowship Hall of the First Presbyterian Church of Delray Beach (Lots 16, 17, 18 & 19, Block 3, Ocean Park Subdivision) as a local historic site and adding it to the Local Register of Historic Places. F. ORDINANCE NO. 44-99: An ordinance amending LDR Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19{D), "Conditional Uses and Structures Allowed", by deleting subparagraph 4.4.19(D) (1) {c) and by adding a new subparagraph 4.4.19(D) (2) (f) to allow 'Towing Services with outside storage' as a conditional use in the MIC zone district. 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. 48-99 (REZONIN~ ASSOCIATED WITH TENNIS CENTER EXPANSION): An ordinance rezoning two properties located on the west side of N.W. 2nd Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2nd Street) from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate the expansion of the Tennis Center. If passed, a quasi-judicial public hearing will be scheduled for December 7, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- ,CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 16, 1999 - 6:00 P.M. COMMISSION CHAMBERS THE REGULAR MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.H. APPOINTMENT OF OUTSIDE COUNSEL: Consider approval of the appointment of outside counsel as recommended by the City Attorney. Also attached is backup reformation pertaining to Item 9.E., Contract Award for the Tennis Center. Addendum.November 16, 1999 Regular Meeting WHEREAS, on October 7, 1999, at approximately 10:53 a.m., Delray Beach Fire Department personnel were dispatched to an emergency situation at the Delray Beach Tennis Center; and WHEREAS, upon arrival at the scene by emergency personnel, it was determined that a patron of the Tennis Center had collapsed and was unconscious; and WHEREAS, emergency personnel found Dave Gagnon administering mouth to mouth resuscitation with Ronnie Rosen applying compressions to the victim; and WHEREAS, due to the immediate life saving actions of these two people the patient was revived and transported to Bethesda Memorial Hospital by the Delray Beach Fire Department. NOW, THEREFORE, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend and recognize DA VE GA GNON and RONNIE ROSEN for their willingness and ability to respond in a life-threatening emergency. Their actions exemplify that which is highest and best in the human spirit. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of November, 1999. JAY ALPERIN MA YOR [ITY OF DELAI:IY BEACH CITY ATTORNEY'S OFFICE ~°°'~TM^v~,~. ~.^¥.~^~., ~o,~^ ~.~. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH  Writer's Direct Line: 561/243-7091 Ali.America City DATE: November 12, 1999 1993 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Collective Bargaining Agreement NCF&O Local 1227 (White Collar Unit) I have received by fax, the attached letter outlining the significant provisions of the collective bargaining agreement that was ratified by the white collar bargaining unit on November 10, 1999. Due to no mail delivery on Veterans Day, I have not yet received the agreement. However, I will transmit it to you once I receive it. Please place the consideration of the contract on the City Commission agenda for November 16, 1999. SAR:ci Attachment cc: Alison MacGregor Harty, City Clerk November 12, 1999 Susan A. Ruby, Esq. City Attorney City ot'Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 Re: Collective Bargaining Agreement NCF&O, Local 1227 (White Collar Unit) Dear Ms. Ruby: Enclosed please find a copy of the proposed collective bargaining agreement which has been negotiated by thc bargaining representatives of the City of Delray Beach and the white collar bargaining unit represented by the NCF&O, Local 1227. Wo have been advised that the white collar bargaining unit members voted to ratify the proposed agreement on November 10, 1999. As a result, we would request that the proposed agreement be placed on the agenda of the Delray Beach City Commission for a ratification by the City. The proposed agreement contains many provisions that mirror the current agreement between the City. and its blue collar bargaining unit. However, there are material differences. By way of example, the proposed agreement includes a more detailed listing of matters on which the City shall have exclusive right and authority to exercise its sole discretion; does not provide for standby pay or a shif~ differential; does not provide for a cost of living or across the board salary adjustment; and does not provide for leave with pay when an employee is subpoenaed as a trial witness or for a deposition in a matter which is not job related. Significant provisions of the proposed white collar agreement are as follows: I. 3% increase in the minimum and maximum salary ranges; 0-5% individual performance increase; and the establishment of a committee to study the performance evaluation instrument and procedure. 2. Contributions to thc defined pension plan will be made by City alone, unless a written actuarial evaluation concludes that contribution by employees is necessary. 3. Probationary period for new and promoted employees is 1 year. Susan A. Ruby, Esq. Page Two November 12, 1999 4. Recognizes 11 holidays, plus an additional personal day for employces with fi months service, Provides annual vacation time based on years of continuous service. Provides for accrual and use of sick leave, including payment of sick leave upon death or separation from employment. 5. Requires posting of vacancies in bargaining unit positions on employee bulletin boards at least 5 days prior to opening the job to outside applicants. Promotion into a higher job classification results In an increase to the minimum salary of new classification or 55/o more than employee's current salary, whichever is greater. 6. If' criminal charges have been filed against an employee, the City Manager is authorized to place the employee on leave with or without pay. 7. Certain types of disciplinary action may not be pursued past certain steps of'the grievance process, and the authority of the arbitrator in ruling on those matters which may be pursued all the way to arbitration is expressly restricted. 8. Describes circumstances warranting reasonable suspicion drug and/or alcohol testing, and requires that the testing disclose the abuse of' prescription and over the counter medications. 9. Tho agreement is effective upon ratification and continues in effect until September 30, 2000. We recommend ratification of the agreement by the City. Please do not hesitate to contact me with any questions or if you wish to discuss any of the provisions of' the proposed agreement. Sincerely,' CARSON & ADKINS lohn E. Griffin Special Labor Counsel City o£Delray Beach CARSON & ADKINS [ITY OF OELA Y BEFI[H CITY ATTORNEY'S OFFICE TM TELEPHONE 561/243-7090 - FACSIMILE 561/278-4755 DELRAY BEACH  Writer's Direct Line: 561/243-7091 Ali.America City MEMORANDUM DATE: November 15, 1999 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Modification to Contract for Sale and Purchase - Property Located at 114 N.W. 2nd Avenue The contract between the City and Mr. and Mrs. Renner was set to close Friday, November 12, 1999. An extension of the contract is needed to work out additional terms with the tenant. (The contract extension is a part of the consent agenda). Mr. and Mrs. Renner, as a condition of the contract, were to obtain a release of lease from the tenant. The City, as part of the original contract, was to provide $1,500 to the tenant. Mr. and Mrs. Renner were unable to secure the release because the tenant through her attorney required more money, prior to signing the release. I have been in contact with the tenant's lawyer who is requesting, in addition to the $1,500 payment already due under the contract, that the following additional sums be paid to the tenant: (1) $2,500 to compensate for the breaking of the lease (which had recently been renewed for another year), (2) $500 for moving expenses, and (3)$200 for attorney's fees. By copy of this memorandum to David Harden, please place this contract modification on the November 16, 1999 Commission agenda. If the Commission approves the additional payments, I will prepare an additional modification to the contract. SAR.'~~~ Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk AMEND~T TO CON~A~T FOR_SALE ~ND,.~URCHA~E THIS A~END~NT TO CONTRACT FOR SALE AND PURCHASE a~ending that certain Contract for Sale and Purchase dated October 21, 1999, between RAYMOND D. RENNER and DEBORA~ J. RENNER, hereinafter referred to as "Seller," and CITY OF DELRAY BEACH, hereinafter referred to as "Bnyer," ks made and entered into this day of November, 1999. W I TN E S SETH : WHEREAS, Seller and Buyer have heretofore entered into that certain Contract for Sale and Purchase regarding proper~y located at 114 N.W. 2nd Avenue, Delray B~ach, Florida, under date of October 21, 1999, hereinafter referred to as "the Contract"; and WHEREAS, the parties hereto are desirous of amending certain portions of the Contract in the manner hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises h-rein ~ontained ~rom one party to the oth~r, the receipt and adeguacy of ~hich is hereby acknowledged, the partie~ hereby agree as follows~ 1. Section V ("Closing Date,"} of the Contract ie hereby a~ended in its entirety to read as follows:  deeds and other papers shall be delivered · ~rior to closing, with closing to occur no h later than November ~1999, unless extendea by other provisionF of the contract, or by /c_.z mutual agreement of parties. 2. All other provisions of the above-referenced Contract not a~ended hereby shall remain in full force and effect, unaltered by this Amend~nent. IN WITNESS WHEREOF, the parties hereto have executed this above written. Witnesses: BU~R: CI~ OF DEL~Y BEAC~ ay: Printed Name: Title: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'L/I SUBJECT: AGENDA ITEM # ff~5 . REGULAR MEETING OF NOVEMBER 16, 1999 EXTENSION AND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND RENNER DATE: NOVEMBER 12, 1999 On November 2, 1999, with the adoption of Resolution No. 68-99, the City Commission authorized the acquisition of property at 114 N.W. 2nd Avenue from Raymond D. and Deborah J. Rennet for the purchase price of $105,000.00. The City Attorney's office has not yet received all of the documents necessary to complete the transaction and requests that an amendment to the Contract for Sale and Purchase be approved to extend the deadline for closing from November 15th until Friday, November 19, 1999. Approval is recommended. RefiAgmemol 4.Extension of Rennet Property Contract RESOLUTION NO. 68-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHOR/ZING THE CITY TO PURCHASE FROM SELl,ER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATENG THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SF.I J.ER AND THE CITY OF DFJ,RAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, HoNda, wishes to acquire certain property located at 114 N.W. 2"a Avenue, Delray Beach, HoNda, to provide for tennis courts; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, HoNda, as Buyer, hereby agrees to purchase from Raymond D. and Deborah J. Rennet, as Seller, land to provide for tennis courts, for the purchase price of One Hundred Five Thousand and 00/100 Dollars ($105,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, HoNda. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of De[ray Beach, HoNda, and the Seller as hereinabove named are 'incorporated herein. PASSED AND ADOPTED m regadar session on this the 2"a day of November, 1999. City Clerk~ I CONTRACT FOR SALE OF REAL PROPERTY The CITY OF DELRAY BEACH, a Florida municipal corporation (" City') (Buyer) and RAYMOND D. and DEBORAH J. RENNER (Seller) hereby agree to the sale of real property upon the following terms and conditions, including the standards for real estate transactions and addenda and exhibits hereto: I. CONVEYANCE BY SELLER: A. Seller shall convey by warranty deed to the City the following property: The South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (The Property). II. PURCHASE PRICE: The City shall pay to Seller One Hundred Five Thousand Dollars ($105,000.00) upon closing. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties or fact of execution communicated in writing between the parties on or before October 25, 1999, the offer will, at the City's option, be withdrawn. The date of this contract (" Effective Date') will be the date when the last one of the Seller or Buyer has signed this offer. IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the City's expense, shall obtain a title insurance commitment on the Property. V. CLOSING DATE: This transaction and the deeds and other papers shall be delivered prior to closing, with closing to occur no later than November 15, 1999, unless extended by other provisions of the contract, or by mutual agreement of parties. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record and prorated taxes for year of closing and subsequent years; if any. VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. VIII. OCCUPANCY: The Property shall be unoccupied as of the date of closing. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.. IX. DEMOLITION: The City shall have the right of egress and ingress over the South 52 feet of Lot 14, Block 43, Town of Delray, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the demolition of buildings thereon after closing and to make any other inspections it deems appropriate prior to closing. X. SPECIAL CLAUSES A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies, which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers' employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the rights to cancel this Agreement and receive a refund of all deposit monies paid hereunder. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS J AND M: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard J and Standard M, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. 3 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to City, upon recording of the deed to City an owner's policy of title insurance in the amount of the purchase price, insuring City's title to the real property the City is to receive under this agreement. The City shall pay for the title insurance on the property. All title insurance shall be subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged at or before closing. Buyer shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, each party shall notify the other in writing specifying defect(s). If the defect(s) render title unmarketable to any property being conveyed hereunder, the party who owns the property shall have sixty (60) days from receipt of notice within which to remove the defect(s), failing which the other party shall have the option of either accepting the title as it then is or cancelling the contract; thereupon each party shall release one another of all further obligations under the agreement. If title is found unmarketable the responsible party shall, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: City, at City's expense, within time allowed to deliver evidence of title and to examine same, shall have the real property it is to receive and the real property it is to convey, surveyed and certified by a registered Florida surveyor. The survey shall be certified to the City. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: The Seller warrants and represents that there is ingress and egress to the real property being exchanged sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: The Seller warrants there are no leases on the property. E. Liens: Each party shall furnish to each other at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to either party and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, the owner of property to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit setting forth the n_ames of all such general contractors, subcontractors, suppliers and materialmen and further affuaning that all charges for improvements or repairs which could 4 serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by City. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish to City, bill of sale, mechanic's lien affidavit, tenant and mortgagee estoppel letters, and corrective instruments. City shall furnish the closing statement(s). City shall prepare and furnish all deeds at its own expense and shall bear the costs of recording the same. I. Expenses: Documentary stamps on any or all deeds shall be paid by Seller. The Seller recognizes that the City cannot pay the documentary stamps as a matter of law. All other closing expenses will be borne by the City, except as may be provided herein or in Paragraph J below. The City shall pay relocation expenses in the amount of fifteen hundred dollars ($1,500.00) to the Tenant, provided Seller provides a legal instrument acceptable to the City, showing that the Lease is legally terminated with no recourse to the City. J. Prorationsl credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either the City or the Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. If the Seller is required to pay ad valorem taxes on or before the selling date, the Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into said escrow the Seller's pro rata portion of ad valorem taxes for the year of closing as 5 determined by the Tax Collector. The Seller shall pay its prorated share of taxes for the year of closing and shall pay outstanding taxes for previous years. K. Special Assessment Liens: Certified, confu-med and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns the property prior to closing. L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgmem of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. M. No Brokers: Each party warrants that no brokers or real estate agents were involved in this transaction and no fees are due to a broker or agent for the exchange and sale of the property governed by this agreement. N. FIRPTA: Each party warrants to each other that neither party is a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act"). At closing, each party shall execute and deliver into each other a "non-foreign certificate" as required by the Act. Failure to execute the certificate shall subject the party failing to execute and deliver the certificate if required by law to the penalties imposed by law. O. Failure of Performance: If either party fails to perform this Contract within the time specified, each party shall be relieved of all obligations under Contract if both parties consent; or either party may proceed in law or equity to enforce its rights under this Contract. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Each party shall convey the property to each other by way of statutory warranty deed subject to any easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon either party unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Each party warrants that there are no facts known to either party materially affecting the value of the real property which are not readily observable by either party or which have not been disclosed. T. NOTICES: All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States certified mail, with return receipt requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non- deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Buyer: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: David Harden, City Manager With a copy to: Susan A. Ruby, Esq., City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7091 Fax: (561) 2784755 Seller: Raymond D. and Deborah J. Renner 68 Glenn Court Avenue Edison, N.J. 08837 Phone: 732-738-0754 973482-8115 7 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. U. ASSIGNMENT: Neither party shall assign this Agreement or any interest herein without the prior written consent of the other party. V. DEFAULT: In the event either party fails or refuses to perform any term, covenant, or condition of this Agreement, either party shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. W. GOVERNING LAW & VENUE: This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. X. TIME OF ESSENCE: Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly contingent upon the approval of the City Commission of the City of Delray Beach. Z. HEADINGS: The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. BUYER: SELLERS: City of Delray lorida By: ,..-~(J~-~ By: By: // / City clerl~ / '--d 8 Approved as to Form: City Attorney STATE OF COUNTY OF The forego~g ~ment was ac~owledged befo[e me ~s ~ day~f t- ~ ~) .~~ 999 by ~C~X:'x~,~ ~3 ~:,',,x,.~ , who ~s persomlly ~own to me or who ~s pr~uced as identification. Signa~re of No~ ~blic The forego~g ~mem was ac~6wledged before me ~is .~ [ d~ of (,,~ ;~~ , 1~9 by ;[~,.5~;,..,?,,~ &~ ~'X~ , who is persomlly ~own to me or who has produced as idemification. SigMmre of Nomu ~blic ROTARy PUBLIC of New J~rsey 9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ))vl~ SUBJECT: AGENDA ITEM ~' ~ - REGULAR MEETING OF NOVEMBER 16, 1999 FINAL PLAT APPROVAL/CONGRESS AT ATLANTIC PARCEL DATE: NOVEMBER 11, 1999 This is before the Commission to approve the final subdivision plat for 'Congress At Atlantic Parcel', a two parcel subdivision which is a replat of Tracts C and D of 'Congress Square' and all of 'Congress O.P. Plat'. The property is located at the southwest corner of West Atlantic Avenue and Congress Avenue. Parcel "A" is the former Po' Folks restaurant property which was subsequently used as an auto parts store. It will be redeveloped as a Walgreen's. Parcel "B" contains the balance of the existing plaza. The Walgreen's project was approved by the Site Plan Review and Appearance Board on July 14, 1999. A condition of approval was that a subdivision plat be recorded prior to the issuance of any building permits. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for 'Congress At Atlantic Parcel'. RefiAgmemol 0.Congress At Atlantic Parcel. Final Plat Agenda Item No. ~'~ AGENDA REQUEST Date: Nov. 8, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Nov. 16, 1999 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Congress at Atlantic Parcel located on the Southwest corner of the intersection of West Atlantic Avenue and Congress Avenue. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: /NO ~ ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Congress at Atlantic Parcel file:s/engadmin/tac/Cong At Atlantic Parcel/agll1699.doc RECEIVED N OV 1 0 1999 City Of Delray BeachC T¥ MANAGER Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Barron E. Caronite, PE, Assistant City Engineer/~-~ ,/ DATE: November 8, 1999 SUBJECT: Congress At Atlantic Parcel Plat Please find an agenda request for Commission approval of the subdivision plat for Congress at Atlantic Parcel attached. I have also enclosed a location map and a reduced copy of the plat. The site is located on the Southwest corner of the intersection of West Atlantic Avenue and Congress Avenue. The property is being subdivided into two parcels: Parcel "A" will be redeveloped as a Walgreen's Pharmacy and Parcel "B" contains the existing plaza. Site plan approval for the proposed Walgreen's Pharmacy was granted by the Planning and Zoning Board on July 14, 1999. If this meets with your approval, please place it on the November 16, 1999 Commission meeting for Commission approval. Encl. File: S:/engadmin/tac/Congress @ Atlantic/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Paul Dorling, Principal Planner Janet Meeks, Senior Planner TAC: Congress at Atlantic Parcel CORAL TRACE PLA, E / / / , ,/--"( -- N.W. 1ST ST. - MARTY FLADELL ~)RIVE -- [ ~ // ~ · ~ ~ ~ i DR. ~DRES WAY I  CITY of DELRAY BEACH co~c~ss E~ONMENT~ SER~CES DEP~TME~ LOCA~ON TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING A~ ~_. FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANN~ -** SUBJECT: MEETING OF NOVEMBER 16, 1999 '**CONSENT AGENDA*** CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY BANK FACILITY AT THE NORTHWEST CORNER OF NE 6TM AVENUE AND NE 2ND STREET. This proposal is in conjunction with the Town Square development, a mixed-use project to be located on the south side of NE 1st Street between NE 5th Avenue (southbound Federal Highway) and NE 6th Avenue (northbound Federal Highway). The proposal involves the demolition of the existing Republic Security Bank building (95 NE 5th Avenue), drive-thru facility and associated parking and construction of a 4-story office/bank building and 22 townhouse units. At its meeting of November 2, 1999, the City Commission approved the placement of a temporary modular building within the Atlantic Plaza shopping center for the use of a banking center for a period of up to one year. An off-site location was selected as it was felt that the placement of the modular building on-site during construction would create numerous traffic conflicts. As permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), approval of a waiver from the City Commission was required. Republic Security Bank is now requesting to place the temporary modular building on a different property located at the northwest corner of NE 6th Avenue (Northbound Federal Highway) and NE 2nd Street. The property would be used as a banking center for a period of up to 15 months while the Town Square project is being constructed. The subject property is zoned Central Business District (CBD). The site contains a 455 sq.ft, building with a canopy/drive-thru lanes. The site was previously occupied by a drive-thru photo processing facility. The proposal is to locate a 1,100 square foot modular building adjacent to the west side of the canopy, installation of a new drive-thru lane, installation of 15 parking spaces, and a dumpster enclosure. In this portion of the CBD, parking is calculated for office/bank use at a rate of 4 spaces per 1,000 sq.ft, of floor area. The site will contain a total of 1,555 sq.ft, of floor area which requires 7 spaces. While the parking requirement has been exceeded, there are concerns with regard to the orientation of the drive-thru lane as it relates to the two existing driveways City Commission Documentation Meeting of November 16, 1999 Temporary Bank Facility at 202 NE 6th Avenue Page 2 on NE 6th Avenue (Northbound Federal Highway, and handicap accessibility to the proposed modular. These items will be further addressed with review of the Site Plan by the Site plan review and Appearance Board. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposed modular building will be located in a commercial parking lot in a commercial area. The proposal is temporary and will enable the Republic Bank to continue its operations in the area while constructing a major new office building that will be a long-term asset to the downtown. The proposal is to lease the property from December 1999 to February 2001 (15 months). While the request letter states that the modular unit will be removed at the lease expiration, a condition should be that the modular unit will be removed within 15 months of the date of issuance of a Certificate of Occupancy for the trailer, or at the time a Certificate of Occupancy is issued for the new bank building, which ever occurs first. Further, the site must be restored accordingly. By motion, approve a Temporary Use Permit for the placement of a modular building at 202 NE 6th Avenue to allow a temporary bank facility, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That only one of the two sites approved for a temporary facility (Atlantic Plaza and the subject property) actually be utilized. 2. That the modular unit will be removed within 15 months of the date of issuance of a Certificate of Occupancy for the modular, or at the time a Certificate of Occupancy is issued for the new bank building, which ever occurs first. 3. That a site plan modification be processed and approval obtained from the Site Plan Review and Appearance Board. 4. That the site be fully restored accordingly once the trailer is removed. Attachment: r~ Site Plan THRU: DIANE DOMINGUEZ, DIRECTOR OF Pl~d~l~rl[l~ AND ZONING~ v~ FROM: MICHELLE E. HOYLAND, PLANNER~~~ SUBJECT: MEETING OF NOVEMBER 16, 1999 **CONSENT AGENDA** ACCEPTANCE OF A HOLD HARMLESS AGREEMENT ASSOCIATED WITH CITY OYSTER - 213 E. ATLANTIC AVENUE. T~ a~t~o~ ~e~ue~te~ of t~e ~it~ ~o~sio~ ~ a~e~ta~e of a Hold ~armless ~g~ee~e~t assodate~ The subject properly consists of the west 37.7 feet of Lot 10, Block 84,Town of Delray and is 0.12 acres. The properly contains a two-sto~ commercial building consisting of approximately 4,897 square feet. At its meeting of September 8, 1999 the Site Plan Review and Appearance Board approved a Class III site plan modification for City Oyster. The modification consisted of changes to the facade of the existing structure, including the installation of a 36' wide x 8' deep canopy on the front of the building. ~s a condition of SPRAB's approval, an agreement must be executed prior to issuance of a building permit to allow the canopy to extend 3' into the Atlantic Avenue right-of-way. Pursuant to LDR Section 6.3.4, canopies, marquees and covered wal~ays may extend into the public right-of-way when approved by the Chief Building Official through approval of an applicable agreement with the City. Thus, a Hold Harmless Agreement is being processed to hold the City of Delray Beach harmless for any damage which might be caused to the canopy as a result of any future maintenance of utilities located within E. Atlantic Avenue right-of-way. It will also hold the City harmless for any claims for any damages or injuries caused by the canopy. The attached agreement has been reviewed by the City ~ttorney's Office for sufficiency and the Chief Building Official has approved the location of the canopy. The agreement is now before the City Commission for action. I B~ motion, ~cepf fhe H~I~ H~rmless A~reemenf ~ss~d~fed wifh Cif~ O~sfer ~f 2~ 3 E. Afl~nfi~ Avenue. Aff~chmenfs: HoI~ H~rmless A~reemenf 8ire Plan Elev~fion CANOPY HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this ~ day of /~0~/,°,,: ~*,', , 1999 by and between the City of Delray Beach, Florida ("City") and WITNESSETH: WHEREAS,/5,Vi.7 ~.~,-.--,dop located at 07/3 -e'-a, r'/.f/'/,,., r'; ~ r~. ~.e- , Delray Beach, Florida, has requested approval to install a canopy on the City right-of-way pursuant to the requirements of the Land Development Regulations of the City of Delray Beach, Section 6.3.4; and, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through approval of an applicable agreement with the City; and, WHEREAS, ),././,~, '~,~ ..~.-~ (~td agrees to abide by all the regulations governing canopies extending into the public right-of-way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forth above are incorporated herein. 2. ~/-'~ ;fa-,,~.--~ ~..-? acknowledges that the City shall assume no responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. 3. ,/~,~-~ ~c,'~,-e .~,~/f= shall defend, indemnify, and hold harmless, the City, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made or arising from the agreement allowing a canopy and its supports to extend into the public right-of-way or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on under the terms of this Agreement. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal sufficiency: ~,Gity Attorney WITNESS: - ~ , // ' By: (name typed or handwritten) (name typed or handwritten) WITNESS: SEAL (name typed or handwritten) STATE OF COUNTY OF , The foregoing instrument was acknowledged before me thi ay o 1999 by {~,1~ 1[t6-497 ~ [&]~ (name Of officer or agent, title of officer or agent), o~ (name of corporation acknowledging), a (state or place of incorporation) corporat~ion, 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. ['1~. r ,?'~ on Tak ~,.';2'~am~,,o¢~.~ledger Typed, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE SUBJECT: AGENDA ITEM ~t/5 - REGULAR MEETING OF NOVEMBER 16, 1999 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF POMPEY PARK BALLFIELDS/PHASE I DATE: NOVEMBER 11, 1999 This is before the City Commission to approve an interlocal agreement between the City and Palm Beach County that provides for grant funding in the amount of $200,000 from the County for the Pompey Park Ballfields/Phase I project. The money is allocated to us from the County's 1999 general obligation bond issue, approved last March by the voters, for the enhancement of recreation and cultural facilities. The Pompey Park ballfield project was included in the project list and funding allocations approved by the County Commission in July, 1999. The bid for the project was awarded to J&W Construction in the amount of $387,360.40. In addition to the County grant, we have also received a $100,000 grant from the Florida Recreation Development Assistance Program (FRDAP) to be used for this project. Funding for the City's share is available from 334-4172-572-63.03 (General Construction Fund - Pompey Park Ballfields). The interlocal agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of the interlocal agreement with Palm Beach County for grant funding in the amount of $200,000 for the Pompey Park ballfields project. RefiAgmemol 1.IA with PBC.Fundmg for Pompey Park Ballfields Agenda Item No.: ~F AGENDA REQUEST Date: November 10, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 16, 1999 Description of agenda item (who, what, where,.how much): Request approval of AKreement between Palm Beach County and the City of Delray Beach with the County granting $200,000 to ~heCity~for renovations to Pompey Park ballfields. ORDINANCE/ RESOLUTION REQUIRED: YESES9/ Draft Attached: YES/NO Recommendation: Approve agreement. Department Head Signature: Determination of Consistency w~h Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): available: ~/ NO Funding Funding alternatives:~-~ (if applicable) Account No. & Account Balance: ~{~/{,lO City Manager Review: Approved~ for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF I]ELAAY BEACH ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Grant from Palm Beach County for Pompey Park Ballfields DATE: November 10, 1999 Attached please find an agreement between the City of Delray Beach and Palm Beach County that provides for $200,000 funding for Pompey Park ballfields. The project entails realigning the T-ball field and adding lighting, fencing, sod, covered backstops, and other amenities to the T- ball field and Little League field. The agreement was reviewed by Brian Shutt, Assistant City Attorney, and approved for legal sufficiency. The bid was approved by City Commission and was awarded to J & W Construction in the amount of $387,360.40. Please place this on the November 16, 1999 agenda for City Commission consideration. We also have a Florida Recreation Development Assistance grant in the amount of $100,000 for this project. DireCtor of Parks and Recreation Attachments cc: Brian Shutt Assistant City Attorney JW:cp Ref:coppgrnt THE EFFORT ALWAYS MATTERS l~te~ C~ Recycled P~oer INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE POMPEY PARK BASEBALL FIELDS - PHASE I THIS INTERLOCAL AGREEMENT is made and entered into this day of ,1999, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as" MUNICIPALITY ". WlTNESSETH: WHEREAS, MUNICIPALITY owns property located at 1101 N.W. 2® Street in Delray Beach; and WHEREAS, MUNICIPALITY desires to construct the Pompey Park Baseball Fields - Phase I, hereinafter referred to as "the Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $25 Million; and WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities project list and proposed funding allocations for the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project enumerated in the $25 Million Recreation and Cultural Facilities Bond; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $200,000 for the construction of the Project as more fully described in the Project Description and Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $180,000 or greater to complete the Project. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the construction of the Project shall be Joe Weldon, Director of Parks and Recreation, Delray Beach, 561-243-7251. Section 1.06 MUNICIPALITY shall construct the Project upon property owned by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A" (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 MUNICIPALITY shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date, MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY forthe Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Intedocal Agreement. The COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to the County. Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $200,000 for those approved pre-agreement costs accruing to the Project subsequent to March 9, 1999, as more fully described in Exhibit "D", Cost Estimate and Pro-Agreement Cost List. 3.06 For construction projects fully funded by the County Bond, no moro than 10% of the Bond funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by the County Bond, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the County. Section 3.07 County shall reimburse project costs only after MUNICIPALITY has expended its share of project funding in its entirety. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY. The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Intedocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Intedocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to the MUNICIPALITY: City Manager City of Delray Beach 50 N.W. 1st Avenue Delray Beach FI, 33444 (With Copy to Parks and Recreation Director and Construction Manager) ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Intedocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. '7 ARTICLE 11: INDEMNIFICATION MUNICIPALITY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the MUNICIPALITY acknowledges to be self-insured for General Liability under Florida sovereign immunity statutes with coverage limits of $100,000 per person and $200,000 per occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the MUNICIPALITY does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the MUNICIPALITY shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commercial General Liability, MUNICIPALITY shall agree to add the COUNTY as an "Additional Insured". Any claims-bill tailored coverage shall not be considered third-party liability for the purpose of this paragraph. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate limits based on the MUNICIPALITY'S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS By:. By: Deputy Clerk Chair ATTEST: CITY OF DELRAY BEACH By: .. By: Clerk Mayor APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY By: By: ~J'~"~ ~ County Attorney Municipality Attorney 9 LIST OF EXHIBITS EXHIBIT A Project Description and Conceptual Site Plan EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Cost Estimate and Pro-Agreement Cost List (If Applicable) EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN o o EXHIBIT B LEGAL DESCRIPTION OF PROPERTY DESCRiPTiON: " PARCEL OF LAND LYING H SECllON 17, TOWNSI-IP 4§ SOUTH, RANGE 4'3 EAST. PALM BEACH COUNIY. FLORDA. DESCRltED AS FOLLOWS: COIvldENCE AT THE HTERSECTION OF Till EAST LINE OF N.W. 15TH AVENUE AND Till CENTERLI~E OF N.W. 2ND STREET AS SHOWN ON Till PLAT OF CARVER IvEMORIAL PARK. ACCORDING TO TEE PLAT TEEREOF AS RECORDED H PLAT BOOK 20. PAGE 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORDA: THENCE N.o"Ig'OO'E. ALONG SAID EAST LINE OF N.W. 13TH AVEhKF_ A DISTANCE OF 25.00 FEET TO TEE POHT OF BEGHNING: THENCE CONTINUE N.O'Ig'OO'E. ALONG SAID EAST LINE OF N.W. 13TH AVENUE. A DISTANCE OF 65[83 FEET TO A POINT ON TI-E SOUTH RIGHT OF WAY LIkE OF N.W. 3RD STREET AS SHOWN ON THE PLAT OF JEFFERSON MANOR. ACCO~ TO ~ PLAT TI-I~REOF AS RECORDED IN PLAT BOOK 24. PAGE 150 OF .TEE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORDA. SAD SOUTH RIGHT OF WAY LINE ALSO BEING TIE S(~JTH LIE_ OF SAID PLAT OF JEFFERSON MANOR: THENCE S. Bg'22'40'E. ALONG Till SOUTH LI~[ OF SAD PLAT OF JEFFERSON MANOR AND Till ~OUTH LINE OF TIE PLAT OF POINCIANA t-EIGHTS OF DELRAY BEACH. ACCORDING TO Till PLAT TI-EREOF AS RECORDED IN PLAT BOOK 26. PAGE 245 OF Till PUBLIC RECORDS OF PALM BEACH COUNTY. FLORDA. A DISTANCE OF 673.OI FEET: THENCE S.O'Ig'OO'W. A DISTANCE OF 327.05 FEET: THENCE N. Bg°ltS'35'W. A DISTANCE OF 14g.o2 FEET: TIllNCE S.O°Ig'OO'W. A DISTANCE OF 32§.00 FEET TO A POINT ON A LINE 25.00 FEET NORTH OF AI~D PARALLEL TO THE CENTERLINE OF N.E. 2ND STREET AS SHOWN ON TEE PLAT OF PINE CREST SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 46 OF Till PUBLIC RECORDS OF PALM BEACH COUNTY, FLORDA: THENCE N.8g°I§'25'W. ALONG SAID PARALLEL LI~. A DISTANCE OF 524.OI FEET TO Till POINT OF EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM PALM BEACH COUNTY EXHIBIT C PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY ~',. "~ Project Costs Cumulative Total Item 'i This Billing Project Costs Project Costs Consulting Services COntractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above Certification: I hereby certify that the documen- were incurred for the work identified as being tation has been maintained as required to support accomplished in the attached progress reporJs, the project expenses reported above and is avail- . able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation $ Total Project .Cost $ Total project costs to date $ . County obligation to date $ County retainage ( %) (. .) County funds previously disbursed ( .) County funds due this billing $. Reviewed and Approved by: PBC Project Administrator/Date Department Director/Date 1C3F9 EXHIBIT D PROJECT COST ESTIMATE AND PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to March 9, 1999 13:19 FAX 561 278 4755 DEL BCH CTY ATTY ~002 [lTV OF DELRI:I¥ BErli:H FIR[ DEPARTMENT ~E~v~ ~EL_~^¥ ~E^~ · ~_~-RE^. · ~~ ~EAC~ DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: MICHAEL B. WIGDERSON, ACTING FIRE CHIEF DATE: NOVEMBER 11, 1999 SUBJECT: AGENDA REQUEST The Fire Department is seeking approval to submit a grant to the State of Florida, Department of Community Affairs, Emergency Management, Preparedness, and Assistance Trust Fund, for Community Emergency Response Team education. We received a grant through this process last year, and are seeking funds to continue the program. This program trains City residents in disaster response and preparedness. To date we have trained over 200 citizens. This is a request to seek these funds and will require the Mayor's signature when the application is completed. The grant application must be completed and submitted prior to November 30, 1999. The total funds requested will be approximately $20,000 and no matching funds from the City will be required. The agenda request form for your signature is attached. Thank you for your assistance. If you have any questions, I can be reached at ext. 7414. Michael I~. Wigderson" Acting Fire Chief Attachment cc: City Clerk's Office FIRE DEPARTMENT HEADQUARTERS ,. 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400. SUNCOM 928-7400,, FAX (561) 243-7461 Printed on Recycled Paper1~"' ~,~ ' Agenda Item-No.: AGENDA REQUEST Date: November 117 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: N0vember'~6~ 1999 Description of'item (who, what, where, how much): Community.Emergency Response Team Grant in the amount of ~20~000 from the State of Florida] .Department of Community. Affairs. (Example: .Request from Atlantic High School for $2,000 to fund project graduation).. ORDINANCE/-'RESOLIPI~/ON REQUIRED: ' ~/NO Draft Attached: ~/NO Recommendation: Recommend ~pproval to submit grant to the State of Florida. No matchin~ tunds trom the City will be required. (Example: RecOmmend. approval with funding from Special Events AccOunt No. 001-3333-555-44.55). City Attorney Review/ Recommendatio~ (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY OF DELRrl¥ BEI:IgH FIRE DEPARTMENT SERVI~ ~E~RAY BEACH · ~FSmEAM · H~CHLAND ~EACH DELRAY BEACH Ali.America City ~ ~% NOV 1 ~ 1999 MEMORANDUM CITy/t//ANA GEF~ TO: DAVID T. HARDEN, CITY MANAGER FROM: M.B. WIGDERSON, ACTING FIRE CHIEF DATE: NOVEMBER 12, 1999 SUBJECT: COMMUNITY EMERGENCY RESPONSE TEAM GRANT Attached you will find a copy of the last fiscal year budget for the Community Emergency Response Team Grant which outlines the costs of the supplies as well as the administrative expense for this program. The requested $20,000 amount on the new grant includes an additional $3,000 for the anticipated cost increase of the new supplies and administrative expenses. M.B. Wigderson Acting Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper DELRAY BEACH FIRE DEPARTMENT C.OMMUNITY E.MERGENCY R. ESPONSE T.EAM GRANT NUMBER: 99CP-05-10-60-02-206 August 30, 1999 PER PERSON - COST FOR SUPPLIES Personal Safety Equipment · Goggles to fit over glasses 3.50 ea · Flashlight 1.65 ea · Helmet 2.94 ea · Gloves, leather palm .67 ea · Safety vest w/reflective stripe 3.85 ea · Gear bag & tag 15.59 ea · Decals .44 ea · ID Tags .66 ea · Silk Screening 2.00 ea · Medical Supplies 14.00 ea · 8" Slip Joint Pliers 2.30 ea · 8" Crescent Wrench 4.60 ea TOTAL EQUIPMENT: $52.20 (Per person per class X 25 people per class X 10 classes = $13,050.00 Total of 250 persons supplied 6 Fire Extinguishers used each class Refilling of extinguisher @ $10.00 each $60.00 X 10 classes = $600.00 Total cost for 250 people: $13,650.00 ;Amount requested in grant $13,1.00.00 ,MPA COMPETITIVE GRANT APPLICATION ATTACHMENT 2 Date: November2, 1998 PROPOSED BUDGET EXTENDITURE CATEGORIES Cash In-kind Total EMPA Total Match Services Grantee Award Project Match Cost Cost A B A+B=C D C+D=E 1. SALARY AND BENEFITS 2. OTHER PERSONAL/CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES 3,272.85 3,272.85 3,272.85 4. EXPENSES 625.00 625.00 625.00 5. OPERATING CAPITAL OUTLAY A. Extinguisher Service 600.00 B. Personal Safety Equipment 12,495.00 13,095.00 6. FIXED CAPITAL OUTLAY TOTAL EXPENDITURES 3,897.85 3,897.85 13,095.00 16,992.85 PERCENTAGES -0- 22% 22% 77% '100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: *(This Proposed Budget is for a CERT program that would enhance and existing program by providing funds for Personal Safety Equipment, Fire Extinguisher Service; $13,100.00This City of Delray Beach will be providing In- Kind services for Administrative printing / duplicating and clerical support; $3,897.85. This brings the grantee cost to $3,272.85 or. 22% of the total project. Administrative Expenses: (in -kind) Trawick $31.34 Garrito 23.39 Clerical 18.00 Total $72.73 per hr. (4.5 hrs per class X 10 classes = $3,272.85) Other: Printing and duplicating: ($2.50 per student X 25 per class X 10 classes = $625.00 Total Administrative Expenses: (in - kind) $3,897.85 Operating Capital Outlay: Expenses: Fire Extinguisher service: (6 extinguishers per class X $10 X classes = $600.00 Personal Safety Equipment per student X 25 students per class X 10 classes = $12,495.00 (49.97 X 25 X 10 = $12,495.00) Total Expenses: $13,095.00 Total Expenditures Including Grant Request and In - Kind $16,992.85 32 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/x" { SUBJECT: AGENDA ITEM # ~' ~{' - REGULAR MEETING OF NOVEMBER 16, 1999 RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE DATE: NOVEMBER 12, 1999 The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994, with the adoption of Ordinance No. 20-94. It's primary goal is to strengthen the relationship between the local youth of our community and members of the Dekay Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments as well as representatives from Delray's public schools. Over the years the membership has evolved to include 'Other Representation' which has provided the opportunity for interested residents to participate in the program. The City Commission direcfly appoints members to fill the 'Citizen at Large' and 'Other Representation' categories. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Officer Jeff Messer Dekay Beach Police Department Edward Smith Dekay Beach Police Department Danielle Gallo Parks and Recreation Department William J. Fay Banyan Creek Elementary School David J. Ptak Orchard View Elementary School Chris McCarthy Plumosa Elementary School Kenneth M. Hames S.D. Spady Elementary School Yvonne Odom Carver Middle School Officer Messer, Mr. Smith, Mr. Fay, Mr. Ptak and Ms. Odom have previously served on the Kids and Cops Committee. Ms. Gallo, Ms. McCarthy and Mr. Hames are new appointees from their respective organizations. The term is for two years, ending November 30, 2001. Recommend ratification of the various appointments to the Kids and Cops Committee as outlined above. Ref:Agmemo3.Ratification of Appts.Kids & Cops MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~'] SUBJECT: AGENDA ITEM ~" - REGULAR MEETING OF NOVEMBER 16, 1999 RESOLUTION NO. 75-99 DATE: NOVEMBER 11, 1999 This is a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 75-99. RefiAgmemol 5.Res75-99.NuisanceAbatement RESOLUTION NO. 75-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delra¥ Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with. the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) .they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property~ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part' hereof did fail and neglect to abate the nuisance(s) existing upon their raspeative lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Adm/nistration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, subm/tted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, ere hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said .report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same z~tnner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue et the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Rcs. No. 75-99 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the MAYOR ATTEST: City Clerk 3 Res. No. 75-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPER'rY DESCRIPTION OWNER ASSESSMENT SUNSET PARK DELRAY, LOT 51, PB 12, P 65, ENRIQUE C. & PUBLIC RECORDS OF PALM BEACH COUNTY, FL AMPARO RAMOS '1015 MANGO DRIVE) 1015 SW 2ND AVENUE DELRAY BEACH, FL 33444 $ 52.00 $ 70.00iADM. FEE RECORDING TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 135 LAURIE BAKER FT OF BLOCK 20, PB 1, P 3, PUBLIC RECORDS OF 330 WASHINGTON AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 '33 NW 6TH AVENUE) $ 70.00 $ 70.00 ADM.FEE RECORDING TOWN OF DELRAY, LOT 26, BLOCK 81, PB 11, P 32, CONRAD D. MIKULEC & PUBLIC RECORDS OF PALM BEACH COUNTY, FL PATRICIA MIKULEC 382 NE 3RD AVENUE) 2552 SO. FEDERAL HIGHWAY ~SUITE #10 BOYNTON BEACH, FL 33435 $ 65.OO $ 70.00 ADM.FEE ................................ ]RECORDING OSCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, WAYNE E. ROSEKE & PUBLIC RECORDS PALM BEACH COUNTY, FL ALETHA ROSEKE VAC LOT WEST OF 119 8E 6TH STREET) RR 10 BOX 2008 !LAKE CITY, FL 32025-8821 $184.00 $ 70.00 ADM,FEE RECORDING Res. No. 75-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SOUTHRIDGE, LOTS 14 TO 16, INC., BLOCK 1, MANUEL MOREDA & PB 13, P 38, PUBLIC RECORDS OF PALM BEACH I. ESTERVINA MOREDA COUNTY, FL 3524 CHATELAINE BLVD. VAC LOT ON REIGLE AVENUE) DELRAY BEACH, FL 33445 $ 84.25 $ 70.00 ADM. FEE ~REcOR-Di~i~ DELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56. RICHARD A. COURT, ESTATE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1525 WEST 1600 N 1012 NE 3RD AVENUE) MAPLETON, UT 84664-334 $ 54.00 $ 70.00 !ADM.FEE , RECORDING SOUTHRIDGE, LOT 17 TO 20, INC. BLOCK 1, MANUEL MOREDA & PB 13, P 38, PUBLIC RECORDS OF PALM BEACH ESTERVINA MOREDA COUNTY, FL 3524 CHATELAINE BLVD. VAC LOT ON REIGLE AVENUE) DELRAY BEACH, FL 33445 $ 106.00, $ 70.00 ADM. FEE [RECORDING RIDGEWOOD HEIGHTS DELRAY, LOTS 1 & 2,/LESS FRANCES GABLDON ~ 15 FT RD R/W, BLOCK B, PB 14, P 44, PUBLIC 321 DATURA STREET RECORDS OF PALM BEACH COUNTY, FL WEST PALM BEACH, FL 702 SW 10TH STREET) 33401-5401 $ 72.00 .... $ 70.00 ~ADM FEE RECORDING SOUTHRIDGE, LOT 1, BLOCK 13, PB 13, ARTRON MASONRY, INC. P 39, PUBLIC RECORDS OF PALM BEACH 10030 VVILES ROAD #105 COUNTY, FL CORAL SPRINGS, FL 33076 2380ZEDER AVENUE) $ 57.00 $ 70.00iADM. FEE iRECORDING Res. No. 75-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SbUTHRI-DGE,~b~'2, B-~EO~K I~,-~-B 13~, {53~, - ..... ~,RTRON MASONRY, INC. ....... ~ - PUBLIC RECORDS OF PALM BEACH COUNTY, FL 10030 WILES ROAD #105 , (2384 ZEDER AVENUE) CORAL SPRINGS, FL 33076 ',~ _ $ 57.00 i $ 70.00 iADM. FEE RECORDING ROSEMONT VILLAS UNIT B, LOT 4, PB 29, P 183 i. ROBERT J. JACQUES & PUBLIC RECORDS OF PALM BEACH COUNTY, FL CHRISTIANA JACQUES (819 SW 6TH AVENUE) 1841 NW 2ND TERRACE POMPANO BEACH, FL 33060 _ $ 62.00 $ 70.00 ADM. FEE RECORDING TOWN OF DELRAY, W 55 FT OF LOTS 11 & 12, MARIE QUINCE BLOCK 23, PB 10. P 69. PUBLIC RECORDS 506 SW 14TH AVENUE COUNTY, FL DELRAY BEACH, FL 33444 SW 3RD STREET VACANT LOT WEST) $ 57.00 $ 70.00 ADM. FEE RECORDIN( SOUTHRIDGE, LOT 29~ BLOCK 1, PB 13, P 38, MARIA DELACONCEPClON PUBLIC RECORDS OF PALM BEACH COUNTY, FL VILLA TOLEDO (321 STERLING AVENUE) AVEIDA PAEL PARAISO CARACAS, VENEZUELA, __ 00038 $ 70.00 $ 70.00 ADM. FEE R--E-C~R-D i NG NICHOLS 2ND ADD TO DELRAY BEACH, LOT 14, MOLLIE K. BOWLES PB 21, P 70, PUBLIC RECORDS OF PALM BEACH GUARDIANSHIP PROGRAM COUNTY, FL OF DADE CIOUNTY (304 SW 7TH STREET) 7950 NW 53RD STREET #301 MIAMI, FL 33166-7903 _~ $ 57.00 I $ 70.00ADM. FEE t 'RECORDING 6 Res. No. 75-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ROSEMONT VILLAS UNIT B, LOT 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT J. JACQUES & (817 SW 6TH AVENUE) CHRISTIANA JACQUES 1841 NW 2ND TERRACE POMPANO BEACH, FL t33060-5018 iADM. FEE $ 70.00 !RECORDING SUB 84643, N 82 FT OF W 147 FT OF E 1/2 OF SE 1/4 OF LOT 11 (LESS W 25 FT RD RAN) !ROBERT DAME PB 81, P 3, PUBLIC RECORDS OF PALM BEACH 121 NANTASKET AVENUE ~402 COUNTY, FL HULL, MA 02045-3173 (NW 1ST AVE. VAC LOT E/S 500) $ 83.00I $ 70.00 jADM. FEE FIRST ADDITION TO KENMONT, LOT 17, THOMAS FOUDY PB 22, P 24, PUBLIC RECORDS OF PALM BEACH 917 MCKEE LANE/ , COUNTY, FL DELRAY BEACH, FL 33483 (917 MCKEE LANE) I $ 70.00 jADM. FEE ~ i RECORDING ........ VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, ...... VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED ....... NUISANCE Res. No. 75-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ff~- REGULAR MEETING OF NOVEMBER 16, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 11, 1999 Attached is the Report of Appealable Land Use Items for the period November 1,t through November 12, 1999. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo/Appealables/11.16.99 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, PLA ND ZONING DIRECTOR FROM: /~ASMIN ALLEN, PLANNER SUBJECT: MEETING OF NOVEMBER 16, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 1, 1999 THRU NOVEMBER 12, 1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 1, 1999 through November 12, 1999. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Denied (7 to 0), a request to reconsider the Board's recommendation on a conditional use request to allow the sale of personal watercrafts for the Jet Ski Station, located at the southwest corner of SE 5th Avenue (southbound Federal Highway) and SE 7th Street. City Commission Documentation Appealable Items Meeting of November 16, 1999 Page 2 A. Tabled (6 to 0, Fowler arrived late), a request for a color change for U.$. '1 Autoparts, located at 1551 North Federal Highway. B. Approved (6 to 0), the architectural elevation plan for an entry rotunda for Unity School, located at the northwest corner of Swinton Avenue and NW 22nd Avenue. C. Approved with conditions (6 to 0), a Class II site plan modification and architectural elevation plan for the addition of a temporary modular bank building for the Republic Security Bank within the Atlantic Plaza shopping center which is located at the northeast corner of East Atlantic Avenue and SE 7th Avenue. D. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with a 287 sq. ft. storefront addition and a 2,047sq. ft. building addition in the rear at $12-$20 East Atlantic. Concurrently, the Board waived the requirement to provide the required landscape barrier along the east side of the proposed parallel and handicapped parking spaces. E. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with a 2,966 sq. ft. addition for the Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road. Concurrently, the Board granted a reduction of two parking spaces on the basis that the facility has kennels for post-op and pre-op as well as for boarding and thus the parking requirement would be more like a business office rather than a veterinary clinic. 1. Continued action on a 5 to 0 (Hurlburt absent) vote, a request for a Certificate of Appropriateness, site plan modification (Class V), landscape plan and architectural elevation plan for the Zodiac Building, located on the st east side of Swinton Avenue, one-half block between NE 1 Street and NE 2nd Street. The modification involved the construction of a building addition for professional offices on the first floor (2,045 sq. ft.) and a two-bedroom apartment on the second floor (910 sq. ft.). The item was continued so that revised plans showing that the second floor will be converted to office and revisions to the architectural elevation be provided. City Commission Documentation Appealable Items Meeting of November 16, 1999 Page 3 2. Approved (4 to 1, McDermott dissenting), a request for a Certificate of Appropriateness associated with changing the roof material and paint colors for an existing triplex located at '129 South Swinton Avenue. 3. Approved (5 to 0), a request for a Certificate of Appropriateness for a wall mounted sign for 32 Degrees (fka Music Box), located on the south side of East Atlantic Avenue, between Swinton Avenue and SE Ist Street. 4. Approved (5 to 0), a request for a Certificate of Appropriateness to allow a change of exterior paint colors for the train station at the Accents & D~cor Seaboard Airline Railroad Station at Historic Depot Square, located at West Atlantic Avenue and 1-95. 5. Approved (3 to 2, Ames and Keller dissenting), a request for a Certificate of Appropriateness for the Rhoden Building, located at the southeast corner of Swinton Avenue and East Atlantic Avenue. The request is to allow a vertical pipe on the west elevation to be enclosed with aluminum and painted to match the building. 6. Approved (5 to 0), a request for a Certificate of Appropriateness to allow inoperable decorative vinyl shutters to be mounted directly on the walls of the Castle Florida and DittmanlFederspeil Buildings, located on the south side of Martin Luther King Jr, Drive, between Swinton Avenue and NWIst Avenue. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 0 ), of a request to allow an additional building to be placed to the west of the parking lot to accommodate the expansion of the Delray Beach Historical Society's facilities at Cason Cottage, located at the northeast corner of Swinton Avenue and NE 1st Street. n Recommended approval (5 to 0), on a proposed amendment to the Land Development Regulations Section 4.4.24(B)(9) and 4.4.24.(F)(1) adding Lots 19 through 24, Block 69, to the list of lots in the OSSHAD (Old School Square Historic Arts District) zoning district, that may be developed pursuant to certain standards of the CBD (Central Business District) zoning district. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - ~~. NOVEMBER 16, 1999 L~0 C~NAL I~-~ ~. ....... ~r' ..... ~. N.V~ 2ND Sr I I I I I A~N~C ~ i ~ S.W. g s.~ LO'ON B~D ~ i~ u~oN B~ARD II ~.~ 8.~.~.~.B.: ~.~.B.: C. REPUBLIC SECURI~ BANK 3. 32 DEGREES (f.k.a. MUSIC BO~ ~EMPO~RY FACILI~ 4. ACCENTS & DECOR, S~BOARD G~PHIC D. 512-520 E. A T~NTIC AVENUE AIRLINE ~ILROAD STATION E. BOCA DEL~ Y ANIMAL HOSPITAL 5. RHODEN BUILDING CI~ OF DEL~Y B~CH, FL 6. CASTLE FLORIDA BUILDING ~,~N~ · ZO,~N~ ~;P~;N~ -- DI~AL ~SE ~ S~ - - City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager ~ FROM: Randa, L. Krejcarek, PE, City Engineer //~J DATE: 12-Nov-99 SUBJECT: Emergency Management Competitive Grant Program Purchase of Two (2) Global Positioning System (GPS) Units Through Florida Department of Community Affairs Division of Emergency Management Emergency Management Preparedness and Assistance Fund The attached agenda item is for approval/authorization for Mayor to execute Emergency Management Competitive Grant Program application for the purchase of two global positioning satellite (GPS) units This grant is through the Florida Department of Community Affairs, Division of Emergency Management, Emergency Management Preparedness and Assistance Fund. The GPS units will be utilized to collect utility locations and other emergency critical geographical data. This data will be added to the current GIS mapping effort. The goal of this project is to provide accurate mapping information to disaster response teams. The two GPS units are estimated to cost $10,000.00 each, for a total cost of $20,000.00. The City will be providing matching funds in the form of employee time to collect data. No other City funding will be required. The application deadline is 30 November 1999. All applications have to be executed by the chief elected official. I have attached selected pages from the grant application package. Please include this agenda request in the 16 November 1999 commission agenda. Thanks!! ertc CC: Richard Hasko, P.E., Director of Environmental Services Barton Caronite, P.E., Assistant City Engineer file S:~EngAdminV_etters~RLK~GIS~TpsagenmernoOl. doc ff. . Agenda Item No. 3"./~. AGENDA REQUEST Date: 12-Nov-99 Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda When: 16-Nov-98 Description of item (who, what, where, how much): Approval/Authorization for Mayor to execute Emergency Management Competitive Grant Program application for the purchase of two global positioning satellite (GPS) units. This grant is provided through the Florida Department of Community Affairs, Division of Emergency Management, Emergency Management Preparedness and Assistance Fund. The City will be providing matching funds in the form of employee time to collect data. No other City funding is required. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval. Department head signature: ,~,~//~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO/NOT APPLICABLE Funding alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: ApprovedHold Until:f°r agenda: ~/NO~,,~' / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved i~ESSRVOO2tDEPARTMENTS~EngAdmintLe~tersiRLt~GISigpsagendaO1.DOC EMERGENCY MANAGEMENT COMPETITIVE GRANT AND MUNICIPAL COMPETITIVE GRANT APPLICATION PACKET JUNE 1998 VERSION FORM #005 SECTION I PROGRAMS/CATEGORIES AVAILABLE ELIGIBLE APPLICANTS PROGRAMS: Pursuant to Rule Chapter 9G-19, Florida Administrative Code, the Emergency Management Competitive Grant Program and the Municipal Competitive Grant Program make funds available annually to eligible applicants for one-time projects that will further state and local emergency management objectives. Project submissions should be designed to be completed within a time frame of 12 months. 1. EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM - provides competitive grants to state or regional agencies, local governments, and private non-profit organizations to implement projects that will further state and local emergency management objectives. Applicants mav submit multiple proposals, however, no individual proposal may exceed $300,000 in requested grant funds.  - provides competitive grants municipalities MUNICIPAL COMPETITIVE GRANT PROGRAM to that are legally constituted, have an authorized, established, and maintained emergency management program, and have signed the Statewide Mutual Aid Agreement (SMAA) and supplied all required information and documentation such that the SMAA agreement is ready to be signed by the Division as of the date of the application deadline. Each Municipal Emergency Management Program may apply for one competitive grant not to exceed $50,000 in requested grant funds. APPLICATION CATEGORIES: Applications are accepted in the following four categories under both programs: 1. Projects that will promote public education on disaster preparedness and recoveD- issues. 2. Projects that will enhance coordinafioj~ of relief efforts of statexvide private sector organizations, including public-private business partnership efforts. 3. Projects that xvill improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. 4. Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availabili~'. SECTION II GENERAL INFORMATION REGARDING PROPOSAL SUBMISSION 1. Application packets and copies of the current Notice of Fund Availability. and the applicable Florida Administrative Code (F.A.C.), Rule Chapter 9G-19 may be obtained from the Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention EMPATF Program, or from the interact at www.state.fl.ns/comaff/DEM, or by calling (850) 413-9966. 2. All applications must be complete, accurate, and legible when submitted and must meet the requirements detailed in 9G-19.008(8), F~.C. or they shall be rejected. All applications shall be ty. laewfitten on 8.5 x 11 inch paper. Illustrations and other supporting materials are not limited to this size. 3. Each major section of the application, including the project budget (in criteria 6) and any matching fimds committed (in criteria 7), must be clearly labeled using tab dividers. The application shall be securely bound in a notebook or folder appropriate for the size of the proposal. 4. An original and five (5) copies of the application must be submitted. The original shall be labeled "Original" and shall contain an original signature in ink of the authorized official as specified in 9G- 19.008(7), F.A.C. 5. A municipality may submit only one proposal per funding cycle under the Municipal Competitive Grant Program. If more than one application per municipality, is received by the Department under that program, the one with the earliest post mark or, in case of deliveries made bv courier, the earliest time/date log-in stamp will prevail. 6. Applications must be received bv the Department of Community, Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention: EMPATF, by 4:00 p.m. Eastern Time on date noticed in the Florida Administrative Weekly. 7. Facsimile transmissions and electronic transmissions will not be accepted. 8. Eligible applicants desiring a preliminary, technical review of their proposals prior to the application deadline must comply with ss. 9G-19.008(5)~ F.A.C. Applications received after the preliminary, technical review deadline (minimum 21 davs prior to the application deadline) will not be eligible to receive a preliminary, technical review. No application may be changed or amended in any way at~er the 4:00 p.m. deadline on the noticed application deadline date. Only information that is contained within an application will be considered by the review committee. No points shall be awarded based upon information not contained in the application. Applicants shall supply in their project application all information which they desire to be evaluated for an award of points. Failure to address any of the required scoring criteria areas listed in Section III and detailed in Section IV of this packet will result in the awarding of zero (0} points for each of the criteria areas which were omitted. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~ SUBJECT: AGENDA ITEM ff~"t' REGULAR MEETING OF NOVEMBER 16, 1999 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 12, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Grant award through the State Housing Initiatives Parmership (SHIP) program in the amount of $14,795.00 to Abisset Corporation for rehabilitation of an owner occupied single family housing unit at 334 N.W. 3'd Avenue, with funding from 118-1924-554-49.19 (SHIP/Housing Rehabilitation). 2. Bid award at an estimated annual cost of $16,500.00 to Blackwell's Tractor Services as primary contractor and to Walcott and Son as the secondary (backup) contractor for Code Enforcement nuisance abatements (lot clearing and mowing), with funding from 001-2741- 524-34.30 (Code Enforcement - Lot Mowing/Clearing) from FY 2000 budget. 3. Contract award in the amount of $73,872.30 to Randolph & Dewdney Construction, Inc. for construction of the rest_room facilities at Sandoway Park, with funding from 117-4170-572- 63.80 (Recreation Impact Fee - Sandoway Park Restrooms). 4. Purchase award in the amount of $21,755.00 to Audio Intelligence Devices for the purchase and installation of a pole camera surveillance system that will be used for undercover operations and various other sections in the Police Department, with funding from 115- 2116-521-64.90 (1998 Local Law Enforcement Block Grant - Other Machinery/Equipment). 5. Purchase award in the amount of $14,283.00 to Comark Government & Education Sales, via Florida State contract, for the purchase of 27 Sierra Wireless Aircard Modems for Police Department communication with dispatchers, with funding from 334-6111-519-64.29 (COPS More 98 Grant). 6. Bid award to Callaway Concrete Company, via joint bid with City of Boynton Beach, for the annual ready-mix concrete contract at an estimated annual cost of $72,900.00, with funding from 001-3113-541-53.90 (Streets Maintenance/Other Road Materials) and various capital project accounts. 7. Bid award in the estimated annual amount of $74,902.00 for annual contracts with multiple vendors (Hardrives, Community Asphalt, Allied Trucking, Austin Tupler, and D.S. Eakins) for various road construction materials, with funding from Streets Division and Construction Division FY 2000 operating budgets and capital project accounts. 8. Purchase award to BetzDearborn for the purchase of anionic polymer (approximately 4,250 pounds or eighty-five 50 lb. bags at $2.79 per pound) for an estimated total cost of $11,857.50 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 9. Purchase award in the amount of $10,720.00 to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well, Number 26, with funding from 442- 5178-536-61.76 (W&S Renewal & Replacement/Equipment Replacement Program). 10. Purchase award in the amount of $20,035.00 to Data Flow Systems, Inc., sole source provider, for the purchase of equipment necessary to complete five (5) telemetry control radios at five sites within the 20 Series Wellfield, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment). 11. Contract renewal with Metro Service Consultants, Inc., via City of Melbourne bid, for maintenance of 875 f~re hydrants at a unit cost of $57.50, for an estimated annual cost of $50,312.50, with funding from 441-5123-536-34.90 (Water Distribution - Other Contractual Services). 12. Purchase award to Commercial Chemical Products, sole source provider based upon delivery requirements, for the annual purchase of sodium hypochlorite-bulk delivery for 23,000 gallons at a total cost of $19,550.00 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). Recommend approval of the bid and contract awards listed above. Ref:Bid.Agmemo. 11.16.99 Agenda Item No.: 8'. z../. AGENDA REQUEST Request to be placed on: Date: November 10, 1999 __ Regular Agenda Special Agenda __ Workshop Agenda xxxxx Consent Agenda When: November 16, 1999 Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR TOTAL SHIP AWARD 97-002 SHR 334 NW 3rd Avenue Abisset Corporation $14,795.00 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of affordable rehabilitation grant award through the State Housing Initiatives Partnership program (SHIP) account 118-1924-554.49-19 in the amount of $14,795.00. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55) Department Head Signature: ,~.~..~ ~ ~L_.__~. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~)NO Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: Sa/'~ ~-1~ I ~tl/lO)qti City Manager Review: Approved for Agenda: ~/NO ~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: David Harden, City Manager Butler, Community Improvement Director~9 FROM: Lula DATE: November 10, 1999 SUBJECT: CONSENT AGENDA State Housing Initiatives Partnership Program (SHIP) Rehabilitation of One Owner Occupied Unit. ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership program (SHIP). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP program between the City and the Florida Housing Finance Corporation. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds remain with the SHIP grant program. As required by the SHIP program, we will obtain a promissory note from the homeowner and record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. The grant recipient has met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. RECOMMENDATIONS Staff recommends awarding the bid for one Housing Rehabilitation project to the verified low bidder and authorizes the award of the appropriate grant through the SHIP program. One hundred percent (100%) of total funds will be charged to the SHIP account for the following: Case Number Address Contractor Grant Amount 97-002 SHR 334 NW 3rd Avenue Abisset Corporation $14,795.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-06 SHR APPLICANT: Willie Lee Macon PROJECT ADDRESS: 334 NW 3rd Avenue DATE OF BID LETTERS: October 25~ 1999 DATE OF BID OPENING: November 8~ 1999 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ 14~090.00 WILLIAM HATCHER CONSTRUCTION $ T. H. MOTTLEY CONSTRUCTION $ KONRADY CONSTRUCTION CO., INC. $ CRAFTSMAN PLUS, INC. $ 16~200.00 DAKOTA CONSTRUCTION, INC. $ 15~841.25 J.A.S. CONSTRUCTION $ HENRY HAYWOOD $ FRANK BOUMAN CONSTRUCTION $ MICHAEL SHUBERT CONSTRUCTION, INC. $ WRIGHT'S WAY ROOFING $ SOUTH FLORIDA CONSTRUCTION $ 14~670.00 NAUTILUS CONTRACTING CO., INC. $ IN-HOUSE ESTIMATE $ 11~510.00 CONTRACTOR AWARDED CONTRACT: Abisset Corporation BID/CONTRACT AMOUNT: $14~090.00 (+ 5% Contingency = $14~795.00 for award amount) FUNDING SOURCE: SHIP Rehabilitation Program. Account No. 118-1924-554.49-19 COMMENTS: AGENDA ITEM NUMBER: ~, Z..~. AGENDA REQUEST Request to be placed on: Date: November 09, '1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Bid award - Bid #99-48 - Nuisance Abatements (Lot Clearing and Mowing) for Code Enforcement to Iow responsive bidder, Blackwell's Tractor Services as primary contractor and Walcott & Son as secondary (back-up) contractor at an estimated annual cost of $16,500. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Blackwell's Tractor Service as primary contractor and Walcott & Son as secondary contractor for Nuisance Abatements (Lot Clearing & Mowing) for Code Enforcement at an estimated annual cost of $16,500. Funding from account code 001-2741-524-34.30 (1999-2000 budget). Department Head Signature:~~-- ~:~~ Determination of Consistency wit'tLCe'mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: ~ ! -- 'Z.,~I~) ---- ~"~-.-~ - '~ ,~. ~ o Account Description: Account Balance: '5~ 7,.I , ~"oo ~ City Manager Review: Approved for agenda:(~S,) ~/t/'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David Harden, City Manager Jacklyn Rooney,.Purchasing Supervisor (~ FROM: THROUGH: Joseph Saf~ce Director DATE: November 09, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 16, 1999 - BID AWARD o BID #99-48 NUISANCE ABATEMENTS FOR CODE ENFORCEMENT ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to Blackwell's Tractor Services as primary contractor and to Walcott and Son as secondary contractor for Nuisance Abatements (Lot Clearing & Mowing) for Code Enforcement at an estimated annual cost of $16,500. Background: The Code Enforcement Division has a need for an annual contract for lot clearing and mowing of vacant lots or occupied properties in order to correct violations of Chapter 100 of the City Code of Ordinances. Bids were received on October 05, 1999, from four (4) contractors all in accordance with City purchasing procedures. (Bid #99-48. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Community Improvement Director and Code Enforcement Administrator recommend award to low responsive bidder, Blackwell's Tractor Services as primary contractor, and Walcott and Son as secondary (backup) contractor if for any reason primary contractor can not perform per specifications. See attached memo dated October 28, 1999.. Recommendation: Staff recommends the award to low responsive bidder, Blackwell's Tractor Service as primary contractor, and to Walcott and Son as backup contractor, at an estimated annual cost of $16,500. Funding from account code 001-2741-524-34.30 (1999-2000 budget). Attachments: Tabulation of Bids Memo From Community Improvement Director MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor Butler, Community Improvement Director~'~ i~//' THRU: Lula FROM: Richard Bauer, Code Enforcement Administrator ~1 ~/ SUBJECT: NUISANCE ABATEMENTS FOR CODE ENFORCEMENT DATE: October 28, 1999 Based on your tabulation of the results of Bid 99-48, I recommend that Blackwell's Tractor Services be awarded the contract as the primary vendor as they were Iow bidder and that Walcott and Son be designated as the secondary vendor to be utilized if Blackwell's is unable to perform. Please place this matter on a commission agenda for adoption. Thank you for your assistance in this matter. RB:mh CITY OF DELRAY BEACH TABULATION OF BIDS BID #99-48 NUISANCE ABATEMENTS FOR CODE ENFORCEMENT Blackwell's East Coast P.J.'s Land Clearing Item Description Tractor Services Walcott & Son Ornamental Care & Excavating CATEGORY I: MOWING VACANT AND OCCUPIED LOTS 1. Lots up to 4,000 sq. ft. $25.00 $26.00 $60.00 $150.00 (Flat Rate) * 2. Lots over 4,000 sq. ft. $35.00 $36.00 $74.00 $300.00 (Flat Rate) 3. Lots over 8,000 sq. ff. $44.00 $46.00 $90.00 $450.00 up to 13,500 sq. ft. (Flat Rate) 4. Lots over 13,500 sq. ft. (Use the Flat Rate for lots over 8,000 sq. ft. up to over 13,500 sq. ft. from Item #3 above and then record your proposed rate for mowing each additional 1,000 sq. ft. over 13,500 $44.00 $46.00 $90.00 $450.00 sq. ft.) + + + + (Pdce for each additional $1.75 $2.00 $10.00 $50.00 1,000 sq. ft. over 13,500 sq. ft.) CATEGORY I1: MISCELLANEOUS SERVICES 1. Bid Price Per Hour $15.95 $16.00 $22.50 $30.00 CATEGORY II1: REMOVAL & DISPOSAL OF TRASH AT AUTHORIZED DISPOSAL SITE 1. Bid Price Per Cubic Yard $16.00 $17.00 $18.50 $19.50 EQUIPMENT LIST SUBMI'I-FED YES NO YES YES WITH BID PACKAGE? · This is the minimum charge for a CATEGORY I job. I Agenda Item No. 3'. ~-.$. AGENDA REQUEST Date: November 9, 1999 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: November 16, 1999 Description of item (who, what, where, how much): Staff requests City Commission approve a construction contract with Randolph & Dewdney Construction, Inc., the lowest responsive bidder, in the amount of $73,872.30, for the construction of a 500sf Restroom Facility at Sandoway Park. Funding is available from the Recreation Impact Fee Fund/Sandoway Park Restrooms, account No. 117-4170-572-63.80. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a construction contract with Randolph & Dewdney Construction, Inc. in the amount of $73,872.30 for the construction of a 500sf Restroom Facility at Sandoway Park. Department head signature: ~~?---~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~J~d on all items involving expenditure of funds): Funding available: E~._~JNO Funding alternatives (if applicable): Account No. & Description 117-4170-572-63.80 Recreation Impact Fee / Sandoway Park Restrooms. Account Balance ~ ~[p/ ? '7~' ~ ,.~ ~ It~ IC~/~ "~/'~" City Manager Review: Approved for agenda: ~__~S/NOHold Until: ~"~' / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\99033~agreq 111699 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM RECEIVED NL"JV 1 0 1999 To: David T. Harden City Manager CITY MANAGER From: Victor Majtenyi,~ Assistant Construction Manager Date: November 9, 1999 Subject: AGENDA REQUEST for 11/16/99 Sandoway Park Restroom Building Project No. 99-033 Attached is an Agenda Request for City Commission approval of award of contract to Randolph & Dewdney Construction, Inc. for the construction of a new 500s.f. restroom facility at Sandoway Park. On Wednesday, October 6, 1999, the City opened bids for this project with the lowest responsive bid at $73,872.30 from Randolph & Dewdney Construction, Inc. A copy of the bid tabulation is attached for your review. A review of the contractor's references prove favorable. Staff recommends City Commission approve an award of construction contract to Randolph and Dewdney Construction Inc., in the amount of $73,872.30, for the construction of the new Sandoway Park Restroom Facility project. Funding is available from 117-4170-572-63.80, Recreation Impact Fee Fund/Sandoway Park Restrooms. CC: Richard Hasko; Director of ESD Joe Weldon: Director of Parks & Recreation Howard Wight; Deputy Director of Construction, ESD File 99-033 (A) s\...\99033~agmem111699 AGENDA ITEM NUMBER: ~'. £' AGENDA REQUEST Request to be placed on: Date: November '10, '1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Requesting award to Audio Intelligence Devices for the purchase of a pole camera surveillance system that will be used for undercover operations by the Vice, Intelligence, Narcotic Section and various other sections within the Police Department. The cost of the pole camera with installation is estimated at $21,755.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: The Purchasing Division recommends the award of the pole camera surveillance system with installation to Audio Intelligence Devices for a estimated purchase price of $21,755.00. Funding will be taken from acco,.~j~mber 115-2116-5_..~..1.=~490. Department Head Signature:~ Determination of Consistency with~-off~prehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: ~[~1,~0,00 ~ \[,/)~l~q Al 0 V CiW Manager Review: Approved for agenda: ~ ~?~ No Hold Until: . Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # PURCHASING DIVISION MEMORANDUM DATE: November 10, 1999 TO: David Harden, City Manager FROM: Jennifer Sch~uyer THROUGH: Joseph Sa~nce Director RE: DOCOUMENTATION CITY COMMISSION MEETING, NOVEMBER 16, '1999 PURCHASE OF POLE CAMERA SURVEILLANCE SYSTEM ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Audio Intelligence Devices for the purchase and installation of a pole camera surveillance system that will be used for undercover operations by the Vice, Intelligence, Narcotic Section and various other sections within the Police Department. BACKGROUND: Three bids were solicited for the purchase of a pole camera (without installation) as follows: Company Name Total Cost Audio Intelligence Devices $19,755.00 Grand Central Security Products $22,862.00 Innovative Surveillance Technology $45,701.00 The Police Department advised that this camera may need to be installed a minimum of five (5) times during the year, at an average of $400.00 per installation, for an estimated total of $2,000.00. The Administrative Services Director, David Junghans, recommends the award of the pole camera with installation to Audio Intelligence Devices for the total purchase price of $21,755.00. RECOMMENDATIONS: The Purchasing Division recommends award to Audio Intelligence Devices for the total purchase price of $21,755.00 for the pole camera. Funding will be taken from account number 115-2116-521-6490. Attachments: Memo 11/08/99 Quote 09/23/99 cc: Jacklyn Rooney, Purchasing Supervisor SEP 89 '99 18:33PM WESTIMGHOUSE "12301 Northwelst 39th Street Coral Springs, Florida 33065 1-800-243-4642 Fax: 1-954-255-2621 Exoellence in Surveillance Electronics! T°; Sales Quotation Delray Police Department Attn: Lt. H. Scott Lunsford 300 West Atlantic Avenue Delivery: 90-120 Days ARO Delmy Beach, FL 33444-3695 Questions? Please call Donna Eagle 561 243-7888 Office 561 243-7816 Fax Quote Numben 712 Date 9/23199QueUe Exp|ms an: 12/22/99 I .... IIIIII III I II I Item # Part # Description Price Qty'~nd' 1 ig900~-02 Pole Can ~urV'~illan~e System $10,430.00 '1 '$~0,430,00 -Selectable pwr output, 114 to 5 watt tmnslTlitter .Remote VideoTelemetry Systerrt w/pan & tilt, zoom lens i I -Watec e02H B&W .0003 lux ~amera -2X extender w/tv zoom lens, 10 to 160 mm -Dim~ion Radome 12 clbi gain antenna .-Down Converter and 200' e. able 2 99006 ~Video Receiving/Recording Briefe.,ase System $7,495.00I $7,495.00 3 95233 !TX-7g7 Disguised Alpha-numerJ~ Pager Body $I ,695.00 '1 $1,69S.00 Transmitter 4 g1239-05 VHF Disguised Cellular Telephone Antenna, Magnetio J $135.00 t $135.00 Mount Government (City, County, State, and Federal) purchase order is Total $19,755.00 required. For ali crystal controlled devices, operating frequency ~-.. ...... in information must accompany purchase order. Freight: Audio IntelligenCe Devices, Inc. FOB CORAl. SPRINGS, FLORIDA, fl'eight and insurance charges will be prepaid and added ~ the Invoice. By: :Dp~nea EaRle .... Terms: Title; ytCe [~'estde~t:, ,Sea[es Cash In advance at time =f order. Payable by bank ~ire transfer confirmed by major U.S. Bank- DELRAY BEACH Delray Beach Police Department AII-AmericaCity (561) 243-7888Fax (561) 243-7816 llll 1993 MEMORANDUM TO: Purchasing Supe_~is~r.~ Jackie Rooney FROM: David Junghans, ~'-"~,,~ ' Administrative Services l~ector DATE: November 8, 1999 SUBJECT: ~ETTER OF JUSTIFICATION The purchase of the Pole Camera surveillance system will be used for undercover operations by the Vice, Intelligence and Narcotic Section. Additionally, it will be used from time to time by other sections within the Department; i.e. the West Atlantic Task Force and the Districts. We have selected Audio Intelligence Devices (A.I.D.) for the following roasons. First they provide the best price quote and secondly the Department has a long history with that company. The Department has over the years purchased a number of high dollar value items from A.I.D. We have had a groat deal of success with all the items purchased from A.I.D. The Department recommends Audio Intelligence Devices for the supplier of the Pole Camera surveillance system. Should thero be any questions, please call me at extension 7852. DJ/ DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain Mark S. Davis ~ Investigative Division Commander FROM: Lieutenant H. Scott Lunsford ~ Vice, Intelligence and Narcotics Section DATE: October 13, 1999 SUBJECT: POLE CAMERA PURCHASE - INSTALLATIONS The Pole Camera requires professional installation to be utilized. The installation requires special skills, training and clearance. This installation must be considered "sole source" due to the above facts and reasons we previously discussed. The average installation cost is $400.00. I am requesting that $2000.00 be budgeted from the grant for a minimum of 5 installations during the year of purchase. AGENDA ITEM NUMBER: ~' ~'' ~' AGENDA REQUEST Request to be placed on: Date: November 09, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Purchase of twenty-seven (27) Sierra Wireless Aircard CDPD (Cellular Digital Data Packet) Modems for the Police Department to use for communication with dispatchers for a total amount of $14,283. These are available from Comark Government & Education Sales via Florida State Contract #250-040-99-1. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award the purchase of twenty-seven (27) Sierra Wireless Aircard Modes to Comark Government & Education Sales via the Florida State Contract #250-040-99-1, for a total amount of $14,283. Funding from the COPS More 98 Grant, account code #334-6111-519-64.29. Department Head Signature~ %~".~~ _ · , Determination of Consistency 'th~i~qbmprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes / No Funding alternatives: (if applicable) Account Number: ~"~'- I~ I ! ! --- ~ ) ~/ -- ~"~ o -~-~ Account Description: Account Balance: ~ ~-"Z., 'Z.-'7..--~ ~l,)lol~ City Manager Review: Approved for agenda: (~ ~'~ No Hold Until: , Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor (~ THROUGH: Joseph Sa~~'~'ance Director DATE: November 09, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 16, 1999 - PURCHASE AWARD TWENTY SEVEN (27) SIERRA WIRELESS AIRCARD MODEMS FROM COMARK GOVERNMENT & EDUCATION SALES VIA FLORIDA STATE CONTRACT #250-040-99-1 Item Before Commission: City Commission is requested to approve award to Comark Government & Education Sales for the purchase of twenty-seven (27) Sierra Wireless Aircard modems at a total cost of $14,283 via the Florida State Contract #250-040-99-1. Background: The Police Department is requesting the purchase of these Sierra Wireless Aircard CDPD (Cellular Digital Data Packet) modems which will allow the lieutenants and sergeants to communicate, no matter where they are, with the Police Department Dispatchers. These Sierra Wireless Aircards are available from Comark Government Education Sales at $529 each for a total amount of $14,283. Pricing from Florida State Contract #250-040-99-1. See attached price quotation dated October 06, 1999. The Director of Administrative Services of the Delray Beach Police Department recommends the purchase of these modems per attached memo dated November 01, 1999. Recommendation: Staff recommends the award of the purchase of twenty-seven (27) Sierra Wireless Aircard CDPD modems to Comark Government Education Sales for a total amount of $14,283. Funding from the COPS More 98 Grant, account code #334-6111-519-64.29. Attachments: Memo From Police Department Admin. Director Price Quotation From Comark Government & Education Sales Dekay Beach Police Department Mcmoran__dum To: L. David Junglmus ~ Director of Administrative Services From: Tina L. Lunsford ~t_/'~ Asst. Director of Support Service Date: November 1, 1999 Subject: COP More 98 Grant, Project #99052 Attached you will find quote #0402, from COMARK, for the pur¢lmse of twenty-seven (27) Sierra Wireless Aircards. These are to be purchased off of the State of Florida Client Sower Contract #250-040-99-1. Requisition #75497 has been keyed in system for your approval Originally thirteen (13) CDPD connections were approved in the COPS More 98 Grant, but due to a drastic price reduction, funds are available for twenty-seven (27). Funding is available out of account #334-6111-519-64.29. Attac~t AGENDA ITEM NUMBER: ~, ,Z, ¢. AGENDA REQUEST Request to be placed on: Date: November 10, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Bid award - Bid #99-40 - Furnish and delivery of Ready Mix Concrete - annual contract, and joint bid with the City of Boynton Beach. Award to Iow responsive bidder, Callaway Concrete Company at an estimated annual cost of $72,900. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Callaway Concrete Company at an estimated annual cost of $72,900 for Bid #99-40, Ready Mix Concrete, joint bid with the City of Boynton Beach. Funding from account code 001- 3113-541-53.90 and various Capital Project Accounts. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e~ ~[~'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager _/~ FROM: Jacklyn Rooney, Purchasing Supervisor~" THROUGH: Joseph Safford, Finance Director DATE: November 09, 1999 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 16, 1999 - BID AWARD - BID #99-40 FURNISH AND DELIVERY OF READY MIX CONCRETE JOINT BID WITH CITY OF BOYNTON BEACH Item Before Commission: The City Commission is requested to approve the award of Bid #99-40, furnish and delivery of Ready Mix Concrete - annual contract, to Callaway Concrete Company for an estimated annual cost of $72,900. Background: The City of Delray Beach is the lead agency for this joint bid with the City of Boynton Beach. Bids were received on October 27, 1999, from three (3) vendors all in accordance with City Purchasing Policies and Procedures. Bid #99-40 on file in the Purchasing Office. A tabulation of bids is attached for your review. The Deputy Director of Public Works recommends award to low responsive bidder, Callaway Concrete Company. Callaway was not able to bid on item #4, 100 PSA Flowable Fill however, when this product is needed, the department will obtain verbal quotes. In addition, the award recommendation was recommended to Callaway Concrete Company as they were the only vendor that stated they would deliver within twenty-fours (24) hours which was a critical determining factor in the bid award as stated in the bid specifications. See attached memo dated November 04, 1999. Recommendation: Purchasing staff recommends the award for the furnishing and delivery of Ready Mix Concrete to low responsive bidder, Callaway Concrete Company at an estimated annual cost of $72,900. Funding from account code #001-3113-541-53.90 and various Capital Project Accounts. Attachments: Tabulation of Bids MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Hoyt Owens, Deputy Director Public Works DATE: November 4, 1999 SUBJECT: BID # 99 - 40 COOPERATIVE BID READY MIX CONCRETE After reviewing the subject bid document with you, which delineates that the bid will be awarded on the lowest total dollar respondent, it is my recommendation to award the subject bid to the lowest composite total bidder, Callaway Concrete Company. As noted on the bid tabulation sheets, Callaway Concrete Company does not provide 100 PSI Flowable Fill Ready Mix. When this product is needed we will secure a verbal quotation for the quantity needed for the specific job. As discussed, Callaway Concrete Company has confirmed that they will meet the 24- hour notice requirement for delivery to the City. If you have any questions, please call. c: Bob Barcinski Allen Powery a:rooney 110499 coop concrete diskl0 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: November 10, 1999 XX Consent Agenda __ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Bid award - Bid #99-38 - Co-op Bid Road Construction Materials - Annual Contract. Award to various vendors at an estimated annual cost of $74,902 for the City of Delray Beach. This is a FY 99-2000 Budget Item(s). ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to various vendors listed at an estimated annual cost of $74,902 for the City of Delray Beach for various road construction materials. Funding from various department's (Streets Division and Construction Division) operating budget and capital project accounts. Department Head Signature'""--- ~~ ,~J~//.// Determination of Consistency wit)LG~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it.s involving expenditure of funds): Funding available: Yes V/' No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~i' No Hold Until: , Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~'~ FROM: THROUGH: Joseph SaX~~ance Director DATE: November 10, 1999 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 16, 1999- BID AWARD -BID #99-38 CO-OP BID FOR ROAD CONSTRUCTION MATERIALS ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award for multiple annual contracts for Road Construction Materials to various vendors listed below, at an estimated annual cost of $74,902. Background: The City of Delray Beach is the lead organization for this Co-op Bid. Seven (7) vendors submitted bids on September 22, 1999, based on estimated annual quantities from nine (9) governmental entities. (Bid #99-38 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Delivery Costs: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-Up Costs: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick up a load of road rock and the average multiplier for annual vehicle costs and hourly personnel costs). Awards are to be made individually by each participating entity based on an average cost of $.78 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low costs to each entity. Attached for your review is the requirements and recommendations for award for the City of Delray Beach. Recommendations are being made to iow bidder(s) for delivered materials and bidder(s) with low truckload cost for pick-up materials. The recommended vendors for the City of Delray Beach are as follows: Vendor: Est. Annual Dollar Amount: Hardrives, Inc. $ 37,850.00 Community Asphalt $ 1,242.50 Allied Trucking $13,487.00 Austin Tupler $ 8,822.50 D.S. Eakins $13,500.00 Total $ 74,902.00 The Deputy Director of Public Works and Deputy Director of Construction have reviewed the bids and recommend award as stated above. Recommendation: Staff recommends the multiple awards as outlined above. Funding from department's operating expense budgets and capital project accounts. Attachments: Memo to Co-op Members and Tabulation of Bids City of Delray Beach Requirements Memo From Deputy Director of Public Works Memo From Deputy Director of Construction Cc: City of BocaRaton City of Boynton Beach City of Riviera Beach City of Belle Glade City of West Palm Beach City of Deerfield Beach Solid Waste Authority of Palm Beach County Village of Wellington CITY OF DELRAY BEACH REQUIREMENTS PICK-UP MATERIALS Group A: Road Materials - Asphalts EST. ANNUAL LOW UNIT EXTENDED ITEM DESCRIPTION USAGE BIDDER COST COST 1. Type S-1 Asphalt 250 tons Hardrives, Inc. $28.50 ton $7,125.00 2. Type S-II Asphalt 100 tons Hardrives, Inc. $28.50 ton $2,850.00 3. Type III Asphalt 250 tons Hardrives, Inc. $28.50 ton $7,125.00 4. Cold Patch Asphalt 150 tons Community Asphalt $49.50 ton $ 742.50 5. RC #70 Tac Oil 500 gal Community Asphalt $ 1.00 gal $ 500.00 6. Permanent Cold Patch 65 tons No Bids Received Group B: Road Materials - Non Asphalts 1. Crashed Coarse Limerock 650 tons Allied Trucking $ 4.00 ton $2,600.00 2. Pit Run Shell Rock 400 tons Hardrives, Inc. $ 3.75 ton $1,500.00 * 3. Drainfield Rock 3A" 100 tons Austin Tupler $ 5.29 ton $ 529.00 4. Best Mason Sand 25 tons Austin Tupler $ 6.04 ton $ 151.00 5. Clean Fill Dirt n/a 6. Precast Car Bumpes w/pins 200 each Hardrives $15.00 ea. $3,000.00 7. Crashed Recycled Concrete n/a · Hardrives as primary vendor and Austin Tupler as secondary vendor DELIVERED MATERIALS Group A: Road Materials - Asphalts EST. ANNUAL LOW UNIT EXTENDED ITEM DESCRIPTION USAGE BIDDER COST COST 1. Type S-1 Asphalt 250 tons Hardrives $32.50 ton $8,125.00 2. Type S-II Asphalt n/a 3. Type III Asphalt 250 tons Hardrives $32.50 ton $8,125.00 4. Crashed (Recycled) Asphalt n/a Group B: Road Materials - Non Asphalts 1. Crashed Coarse Limerock 1350 tons Allied Trucking $ 7.22 ton $9,747.00 2. Pit Run Shell Rock 600 tons Austin Tupler $ 6.89 ton $4,134.00 3. Drainfield Rock 3/4" 400 tons Austin Tupler $ 9.44 ton $3,776.00 4. Best Mason Sand 25 tons Austin Tupler $ 9.29 ton $ 232.50 5. Clean Fill Dirt 200 yards Allied Trucking $ 5.70/yd. $1,140.00 6. Precast Car Bumpes w/pins n/a 7. Crashed Recycled Concrete 1,500 cu yd D.S. Eakins $ 9.00 cu yd $13,500.00 Grand Total $ 74,902.00 £1T¥ DF DELI:II:I¥ BEII£H J~l-J~illl~{~{~1] 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 Members of the Palm Beach County Cooperative Purchasing Council RE: Bid #99-38 - Co-op Bid "Road Construction Materials" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the "Tabulation of Bid" sheets and copies of all original bids received in Purchasing on Wednesday, September 22, 1999. The schedule of pricing for Pick-up Prices will be awarded individually by each participating entity based on pick-up cost of $.78 per mile that each entity will add to the unit price for round-trip travel miles from their respective garage to the vendor(s) site. (Note page 7, Section I, of the bid specifications). The schedule of pricing for Delivered Price will also be awarded individually by each participating entity. Entities which requested Delivered Prices are as follows: Solid Waste Authority, City of Delray Beach, City of Boynton Beach, City of Boca Raton, City of Belle Glade, and Village of Wellington. See attached tabulation of bids sheets for each entities individual pricing sheet. If you have any questions please contact me at (561) 243-7163. Sincerely, ~urchasing Supervisor Chairperson, Palm Beach County Co-op Purchasing Coucil Attachments Cc: Joseph~~,-Finance DireCtor City of BoL'~Raton City of Deerfield Beach City of Boynton Beach City of West Palm Beach City of Belle Glade City of Riveria Beach Solid Waste Authority Village of Wellington THE EFFORT ALWAYS MATTERS P~n~d on Recy~ed Paper MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Hoyt Owens, Deputy Director Public Works ~ DATE: November 1, 1999 / SUBJECT: BID # 99 - 38 COOPERATIVE BID ROAD CONSTRUCTION MATERIALS Allen Powery, Superintendent - Streets and Traffic, and I have reviewed the annotated Cooperative Bid # 99 - 38. The attached document from Allen and a highlighted bid tabulation sheet with check marks reflects our cumulative recommendation for all categories with bid responses. Some recommendations are not with the lowest bidder, but reflect the most cost-effective acquisition of the material listed from a logistics or quality of materials received. If you have any questions, please call. attachments: c: Bob Barcinski w/attachments Allen Powery w/attachments a:rooney 110199 coop road diskl0 To: Joyt Owens, Deputy Director Public Works From:~'AllenPowery, Superintendent - Streets and Traffic [ [ Date: 10/29/99 Re: CO-OP BID # 99-38 ROAD CONSTRUCTION MATERIALS Recommendations for the bids are as follows. Pick-up Material Group A asphalt- Items # 1,2,3 - Please include second low bidder Hardrives, Inc.. Their plant is less than 5 minutes from our shop. Item # 4 - Please include second low bidder Community Asphalt, Inc.. Their cold patch asphalt better selves our needs. Pick-up Material Group B non asphalt- Item # 1 - Please include third Iow bidder Allied Tracking. The other two low bidders are in Miami. Item # 6 - Please include second low bidder Hardrives Inc.. Their plant is less than 5 minutes from our shop. Item # 7 - Please include second low bidder D.S. Eakins. Their plant is in Palm Beach Co.. AGENDA iTEM NUMBER: AGENDA REQUEST Request to be placed on: Date: November 9, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Requesting Award to BetzDearborn for the purchase of approximately 4,250 pounds of anionic polymer at $2.79 per pound for an estimated total delivered price of $11,857.50. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: The Purchasing Division and the Superintendent of the Water Treatment Plant recommend award to BetzDearborn for the purchase of approximately 4,250 pounds of anionic PDolYpam~ rmf~ rn ~ ~ e7a9dP ~ ri gPnOa~dr i~d/',/~tot~v~~ $11,857.50. Determination of Consistency wittfl/Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(,~/, , No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # PURCHASING DIVISION MEMORANDUM DATE: November 9, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Joseph Saff~ce Director RE: DOCOUMENTATION CITY COMMISSION MEETING, NOVEMBER 16, 1999 PURCHASE OF POLYMER FROM BETZDEARBORN ITEM BEFORE COMMISSION: The City Commission is requested to approve award to BetzDearborn for the purchase of anionic polymer for approximately 4,250 pounds or 85 (50 pound bags) at $2.79 per pound for an estimated total delivered price of $11,857.50. The contract period is from October 1,1999 through September 30, 2000. BACKGROUND: Polymer is a patent product sold only by its manufacturer and used as a coagulant in the water treatment process. After testing two other polymers, BetzDearborn outperformed two other brands. Please refer to the memo dated November 3, 1999 from Don Haley, Superintendent of the Water Treatment Plant. Also attached is a quote from BetzDearborn dated October 20, 1999. The Superintendent of the Water Treatment Plant recommends award to BetzDearborn for the purchase of approximately 4,250 pounds of polymer at $2.79 per pound for an estimated total delivered price of $11,857.50. RECOMMENDATIONS: The Purchasing Division recommends award to BetzDearborn for the purchase of anionic polymer for approximately 4,250 pounds or 85 (50 pound bags) a $2.79 per pound for an estimated total delivered price of $11,857.50. The contract period is from October 1,1999 through September 30, 2000. Funding will be taken from account number 441-5122-536-5221. Attachments: Memo 11/03/99 Quote 10/20/99 cc: Jacklyn Rooney, Purchasing Supervisor ~ City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney FROM: Don Haley ~' SUBJECT: Requisition 75325 (BetzDearborn) DATE: 11-03-99 I'm recommending that the City award our annual Purchase Order for polymer to BetzDearborn for the following reasons. Polymer is a patent product sold only by its manufacture and used as a coagulant in the water treatment process. No two polymers react the same. In 1982 we tested many different brands and settled on using American Cyanamids (Cytec) Anionic Polymer 844A. We continued use of this product until we ran out on August 26, 1999. Earlier this year we tested two other polymers; Sweetwater Technologies 1595 PWG Anionic polymer and BetzDearborn AP110P Anionic polymer. BetzDearborn out performed both our existing Cytec's 844A and Sweetwater 1595 PWG. Polymer being the major key to water treatment, it is not considered by dollars but by performance. One annual purchase keeps the price to a minimum. ( see attached ) cc: Dan Beatty ~ IESSR I/O02 ~rtngersen ~rnemo format~betzreq 75 $ 25. doc Poi loc AP1100P' Customer: CI~ of DEL~Y BEACH Date: October 20t~, 99 Address: DEL~Y BEACH, FL. Cust. No. BB 2980O System: INFLUENT WATER TR~TMENT RepoSed To: DON HAL~Y This repoM is an outline for the continued pur~ase of our anionic polymer Pol~oc APll00P. The estimated use of this material over the next year is based on a 0. I ppm f~d rate With a tctat system flow ~ 14 million gallons per day ThiS;represents a yearly use of 4,262 lbs. The cost of Pol,/Ioc AP1100P will remain ~ $ 2,79 / tb through the next year. This ~s a total purchase of 85 { ~0 lb ) bags. Total cost ~ $11,8~7.50, This is a delivered price. TIM ELDREDGE BETZDEARBORN Carus Chemical Company Municipal EDiwsion 3 I 5 Fifth Street Peru. IL ,51354~0599 Tel (815) 223 1500 C A R U S Fax (8 ~ S) 224 u697 23 April 1999 Mr. Don Haley Water Treatment Plant Manager City of Delray Beach 2.00 S.W. 6th Street Delray Beach, FL 33444 Dear Don: Thank you for the opportunity to test CAIROX® potassium permanganate at the City of Delray Beach Water Treatment Plant. The objectives of our tests were to select a polymer that is compatible to, and can be used with, CAI:ROX® in the raw water without blinding the filters. Also, we wanted to demonstrate the effectiveness of CAfROX® in removing color from the raw water at the Delray Beach WTP. The results of the nine polymers tested are shown on Tables :1 and 2. The Betz Dearborn polymer APl100 was chosen to be the most effective. The results of the color tests were excellent. As seen on page 10 of the report (Table 5), a color of 8 PCU's were reached at a CAIROX® dosage rate of 8.8 mg/L. Other benefits of the use of CAIROX® potassium permanganate can also be seen in this report, i.e., a reduction of the polymer feed rate. By feeding CAIROX® you can expect additional benefits to those demonstrated in this test, such as a reduction in THM levels. Also, drier cake solids should be noticed in your sludge dewatering process, which will lead to lower disposal costs. I would like to thank you and your friendly staff for all the courtesies extended to us during the test period. Please review all of the data and let's plan to discuss the continued use of CAIROX® potassium permanganate at your earliest convenience. Your can reach me at 800/888-0555, our Regional Office during regular business hours Monday through Friday. Sincerely, Bruce W. Bassett Bistrict Technical Representative BWB/ms  Carus Chemical Company Municipal E)iwslon 315 Fifth Street F~O. Box 599 Peru, IL 6135'+-0599 Tel (8 ~ 5) 223 1500 ~ A R U S Fax (8 I 5) 224 6697 PLANT DEMONSTRATION REPORT CAIROX® POTASSIUM PERMANGANATE For: Color Removal At: DELRAY BEACH WATEI~ TREATMENT PLANT DELRAY BEACH, FLORIDA Prepared For: Mr. Don Haley Plant Manager By: Alex Chan Sr. Technical Service Representative Carus Chemical Company Peru, Illinois O!1: 22-29 March 1999 Delray Beach Water Treatment Plant Plant Demonstration Page 1 INTRODUCTION Florida utilities routinely encounter raw water color problems. This color is normally caused by high levels of naturally occurring organic compounds, l~hlorine has been one of the chemicals used to oxidize the color-causing compounds. However, the disinfection/oxidation by-products formed by raw water chlorination have been identified as suspect carcinogens. Utilities are seeking alternative treatment chemicals and processes to replace pre-chlorination. CAIROX® potassium permanganate is an excellent treatment alternative. Del.ray Beach Water Treatment Plant treated an average of 15 MGD and has a design flow capacity of 22.4 MGD. The plant is divided into north and south treatment facilities, which are mirror images of each other. Each side consists of an aerator, two clarifiers and four filters. Raw water is being pumped from 30 different wells to the plant and divided equally into the north and south sides for treatment. However, wells on the east side of the plant produce better quality of water than the wells on the west side. Raw water at this plant has a history of high color. Present treatment processes are unable to lower the color below the maximum contaminant level of 15 units PtCo color. Back on December 1998, Cams Chemical Company was invited to demonstrate the use of CAIROX® for color removal. CAIROX® was successfully used in conjunction with the present coagulants to oxidize the color at Delray Beach Water Treatment Plant, but the filter runs were shortened from the normal 100 hours to 10 hours. This phenomenon was suspected to be caused by the incompatibility between the polymer and CAIROX®. On 22-29 March 1998, Cams Chemical Co~®pany personnel were invited once again to select a polymer that would work with CAIROX at Delray Beach Water Treatment Plant. OBJECTIVES 1. The primary objective of this demonstration was to select a compatible polymer that would work with CAIROX® to remove color from the raw water at Delray Beach Water Treatment Plant without blinding the filters. 2. The secondary objective of this demonstration was to optimize the selected polymer dosage in the plant setting with and without CAIROX®. Delray Beach Water Treatment Plant Plant Demonstration Page 2 RESULTS Laboratory_ Tests for Polymers . :,:}, Nine different polymers from three different compames were tested on a Phipps and Bird jar tester. Figure 1 shows the process flow diagram for the polymer laboratory tests. Samples from the supernatant were drawn after settling for 25 minutes and analyzed for turbidity using a Hach 2100A Spectrophotometer. Results from the coagulation study at 0.1 and 0.5 mg/L of polymer dosage are shown in Table 1 and 2 respectively. Figure 1: Process Flow Diagram for Polymer Laboratory Tests on Raw Delray Beach Water Treatment Plant Water: 1 liter Raw Water Sample for Each Jar CAIROX® Addition 5 mg/L Mix at 40 RPM for 20 Minutes Follow by Rapid Mix at 100 RPM for 2 Minutes I Lime Addition 125 mg/L Polymer Addition Mix at 40 RPM for 60 Minutes Settle for 25 Minutes Measure Turbidity With Hach 2100A Spectrophotometer Delray Beach Water Treatment Plant Plant Demonstration Page 5 No significant difference on floc formation.was observed between 0.1 'and 0.5 mg/L dosage of each polymer tested. The Betz Dearborn personnel requested to perform a quick test by using a cationic polymer KLARAID CDP 1339 (2 mg/L) before the addition of AP1200 (0.1 rog/L). Result is shown on Table 1 Jar #10. No improvement ~as observed with the application of a cationic polymer. A four people' panel decided that the AP1100 from Betz Dearborn had the best performance therefore it was put onto the plant demonstration. According to the record from 2 December 1998 to 26 February 1999 at the plant, twenty-four of the fifty-pound bags of 844A polymer were consumed. At the same period, a total of one thousand two hundred and ninety three million gallons of finished water were produced. Therefore the polymer dosage was calculated to be at 0.11 mg/L. With the new selected polymer (AP 1100), the dosage was found to be at 0.094 mg/L in the plant setting. This new polymer showed excellent coagulation with less consumption. A polymer dosage comparison table is presented later in this report. During the demonstration, color levels were determined with HACH DR/3000 Spectrophotometer, Method 8025. The total manganese was measured with HACH DR/2000 Spectrophotometer, PAN Method 8149. Residual CAIROX® levels were analyzed with HACH DR/2000 Spectrophotometer on filtered samples (0.22 gm pore size filters) by using Cams Analytical Method 106. This method uses standard DPD reagents and is based on the HACH Spectrophotometric Method 8021 for the determination of free chlorine. All j ar tests were performed with one-liter raw water sample on a Phipps & Bird six-paddle stirrer. CAIROX®, when dissolved in water, imparts a pink to purple color depending on the concentration. During the CAIROX® reaction, the disappearing of characteristic pink color serves as an indicator that the reaction is taking place. The by-product of the permanganate ion reduction is manganese dioxide, which also aids the treatment process. When first formed, manganese dioxide is capable of sorbing organic compounds responsible for the color problems. The insoluble manganese dioxide is brownish in color. When the pink color changes completely to brown, this indicates the CAIROX® reaction is complete. Delray Beach Water Treatment Plant Plant Demonstration Page 6 For this test, two important operation controls were maintained: (1) no' "pink" color should be present in the fin/shed water after filtration and (2) the insoluble manganese dioxide must be removed in the clarification steps (coagulation, flocculation and filtration). Therefore, it is very important to conduct jar testing prior to the plant demonstration to find the operational CAIROX® dosage. Laboratory Tests for CAIROX® Dosage Figure 2 on Page 7 shows the process flow diagram for laboratory tests for CAIROX® dosage. The raw water for all the jar tests was taken from well #22 without any CAIROX®. Different CAIROX® dosages were tested. Test results are shown in Table 3. These results indicate that, for the time available at the Delray Beach Water Treatment Plant, the proper dosage was estimated to be about 5 mg/L at a flow of 4058 gallons per minute for the twenty series wells (#21, #22, #23, #25 and #26). Table 1: CA/ROX® Dosage Jar Tests Results Raw water color = 93 PCU IJar # 1 2 3 4 5 6 ICAIROX® Dosage 3 mg/L 4 mg/L 5 mg/L 6 mg/L 7 mg/L 8 mg/L ~Starting Time 13:43 13:47 13:48 13:49 13:51 13:53 iTesting Time 14:07 I4:24 14:33 14:39 14:46 14:50 Total Reaction Time 24 min. 37 min. 45 min. 50 min. 55 min. 57 min. Residual K1VInO4 0.26 mg/L 0.49 mg/L 0.84 mg/L 1.15 mg/L 1.56 mg/L 1.86 mg/L Testing Time 14:55 14:59 15:20 15:58 Total Reaction Time 72 min. 72 min. 92 min. 129 min. Residual KMnO4 0 mg/L 0.18 mg/L 0.12 mg/L 0.14 mg/L Testing Time 15:24 15:30 Total Reaction Time 97 min. 102 min. Residual KMnO4 0.02 mg/L 0.09 mg/L Delray Beach Water Treatment Plant Plant Demonstration Page 7 Figure 1: Process Flow Diagram for Laboratory Tests for CAIROX® Dosage on Raw Delray Beach Water Treatment Plant Water 1 liter Raw Water Sample for Each Jar CAIROX; Addition Mix at 40 RPM for 40 Minutes Follow by Rapid Mix at 100 RPM for 2 Minutes Lime Addition 125 mg/L AP 1100 Addition 0.1 mg/L Mix at 40 RPM for 60 minutes Settle for 20 Minutes Filter with 0.22gm Pore Size Filter Measure Residual CAIROX® With H_ACH DR/2000 Spectrophotometer Delray Beach Water Treatment Plant Plant Demonstration Page 8 Plant Demonstration In order to obtain the maximum benefit of pre-oxidation, CAIROX® should be added to the raw water as early in the treatment process as possible. Preferably, the injection point should be located at the raw water well pumping station. This wt;rild allow a maximum retention time for organic and inorganic color compounds to react with CAIROX® and allow the manganese dioxide to form good coagulation. A Merrick Omega Model 25-07 feeder with 1½" helix, 5.2 RPM gear, a 15 gallon dissolver, a Burks ½ H. P. wash-down pum~ and a Dmmlnvert were set up and calibrated under a tent nearby the well//22. CAIROX~ was injected into the pipe on the discharge side of the pump of well//22. This water combined with the rest of the water from wells #21, #23,//25 and #26 through a mile long 20" diameter pipe to the treaffnent plant. These five wells produced approximately 4058 gallons per minute of raw water. Right after the plant demonstration had started, well #25 was experiencing electrical problem and had to be shut down. The rest of the four wells produced 3419 gallons per minute of raw water, which was treated with CAIROX®, then flowed into a 30" pipe and combined with the untreated raw water from different wells before entering the north treatment facility. Just before the demonstration, samples from the individual twenty series wells, composite sample of the twenty series wells and a combined raw water sample from the north facility before any treatment were taken and analyzed for color for future references. Results were shown in Table 4. The color level in the raw water of the #22 well was in mid range of the entire twenty series wells. The color in the composite sample of the twenty series wells was 100 PCU. The combined raw water from the north facility showed a surprisingly high color of 112 PCU. From observation, it took about 35-40 minutes for the brownish color of manganese dioxide to show up at the north aerator after the CAIROX® feeder was turned on at a flow of 4059 gallons per minute. CARUS ~. Delray Beach Water Treatment Plant Plant Demonstration Page 9 Table 4: Raw Water Color in the Individual Twenty Series Wells,'Composite Sample of the Twenty Series Wells and the Combined Sample from the North Facility before any Treatment Raw Water Sample I.D. Color (PCU) Well #21 133 Well #22 76 Well #23 126 Well #25 62 Well #26 68 Composite Sample of the Twenty Series Wells 100 Combined Sample from the North Facility before any Treatment 112 During the demonstration, raw water going into the south treatment facility was not treated with any CAIROX®. Due to the high demand of finished water, a steady flow of raw water to the north treatment facility could not be established, but the raw water flow from the twenty series wells was steady at 3419 gallons per minute. The percentage of raw water treated with CAIROX® going into the north treatment facility varied with the flow. Historically, the twenty series wells produced the worst water color. Demonstration results are shown in Table 5 with various dosages. Since the flow varied and only part of the raw water was treated with CAIROX® at the well sites, it was difficult to rely on dosage to indicate whether sufficient CAIROX® was fed into the raw water to lower the color levels as shown in Table 5. Therefore, residual CAIROX4 levels were analyzed in the water samples taken from north aerator. Residual CAIROX® results showed an excellent correlation with the color. As residual CAIROX® went over 0.1 mg/L, color in the north finished water dropped down to 8 PCU. Delray Beach Water Treatment Plant Plant Demonstration Page 11 Manganese was not a concern at the last plant demonstration back in December 1998. This time, a few manganese results in the north finished water showed very close to the MCL of 0.05 mg/L. The manganese problem was found to be caused by the low pH in the filters. Water pH was adjusted with carbon dioxide before going through"~e filters, pH in the filters should be kept at the normal level of 7.4-7.5. Delray Beach Water Treatment Plant has an automatic system to prepare stock batches of liquid polymer at an unknown concentration from powdered material. This liquid polymer is then dosed to the clarifiers for coagulation. Based on the past consumption, the dosage for the old polymer 844A was 0.11 mg/L. The new polymer AP1100 dosage without CAIROX® was 0.094 mg/L and with CAIROX® was 0.066 mg/L. The comparison of the old and new polymers is showed in Table 6. Table 6: The comparison of the old and new polymers Water Flow 844A Dosage AP1100 Dosage AP1100 Dosage = 0.066 mg/L North or South = 0.11 mg/L -- 0.094 mg/L with CAIROX® Dosing Rate Dosing Rate Facility (ml/Min) (ml/Min) Dosing Rate Gai/Min Each clarifier Each clarifier (ml/Min) Each clarifier 7500 1200 1020 720 7000 1120 952 672 6500 1040 884 624 6000 960 816 576 5500 880 748 528 5000 800 680 480 4500 720 612 432 Delray Beach Water Treatment Plant Plant Demonstration Page 12 CONCLUSIONS 1. Without treating all the water with CAIROX®, it was difficult if not impossible to determine the full effectiveness of CAIROX® for color removS'12 2. The new selected polymer AP1100 (Betz Dearborn product) worked well with CAIROX®. The primary objective of this demonstration to select a compatible polymer that would work with CAIROX® to remove the color from the raw water at Delray Beach Water Treatment Plant without blinding the filters was achieved. 3. The secondary objective of this demonstration to optimize the selected polymer dosage in the plant setting with and without CAIROX® was also determined to be at 0.066 mg/L and 0.094 mg/L respectively. The consumption of the AP 1100 with and without CAIROX® was 40% and 15% less than the 844A respectively. 4. When sufficient CAIROX® was fed into the north raw water and the residual CAIROX® level reached above 0.1 mg/L in the raw water at the north aerator, color in the finished water after the north filter dropped down to 8 PCU. (Color in the combined raw water sample from the north facility before any treatment was 112 PCU.) If all the raw water on the north facility were treated with CAIROX® at the well sites, results might have been better. 5. Manganese residuals were not a concern during the last demonstration back in December 1998. In this demonstration, few manganese results in the north finished water showed very close to the MCL of 0.05 mg/L. The manganese problem was found to be caused by the low pH in the filters. 6. As shown on Table 5, color levels in the finished water treated with CAIROX® from the north filters were consistently lower than the finished water without CAIROX® from the south filters. 7. As pre-oxidation of inorganic and organic compounds occurs when CAIROX® is used, lower post chlorine demand, lime consumption and THM are expected but it takes time to evaluate and recognize these additional benefits. Delray Beach Water Treatment Plant Plant Demonstration Page 13 RECOMMENDATIONS Although not all the water was treated at the Delray Beheh Water Treatment Plant during the demonstration and only part of the water at the north treatment facility was treated with CAIROX®, CAIROX® did lower the color levels on the north side. Carus Chemical Company recommendations are as follows: 1. Based on the test results, the continued addition and monitoring of CAIROX® for color reduction in conjunction with the new polymer AP1100 at the plant is recommended. 2. A full-scale plant treatment should be performed to determine the full effectiveness of CAIROX® for color removal and the optimum CAIROX® dosage in the plant setting. 3. pH in the clarifiers should not be higher than the normal operational range of 10.2. 4. pH in the filters should be kept at 7,4-7.5, low pH in the filters can cause high manganese levels in the finished water. 5. If CAIROX® addition is stopped for any reason, polymer dosage must be increased from 0.066 to 0.094 mg/L. Otherwise, low polymer will create pin floc formation in the clarifiers. Subsequently, this pin floc will carry-over into the filters and blind them up. 6. Other side benefits should be thoroughly analyzed and assessed, such as reduced chlorine and lime consumption and lowered THMs. 7. Treatment cost savings resulting from the use of CAIROX® may be realized and should be monitored. Delray Beach Water Treatment Plant Plant Demonstration Page 14 ACKNOWLEDEGMENT Cams Chemical Company would like to take this opportunity to show gratitude to all the personnel at Delray Beach Water Treatment Plant for Heir full support during the plant demonstration. Special thanks to Plant Manager, Mr. Don Haley, Mr. Douglas Stry Jek and Mr. Robert Desisto for their tireless commitments to make this demonstration a successful one. Alex Chan Senior Technical Service Representative Cams Chemical Company AGENDA ITEM NUMBER: ~'. AGENDA REQUEST Request to be placed on: Date: November 9, 1999 X× Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Requesting Award to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well 26 for a total cost of $10,720.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: The Purchasing Division and the Superintendent of the Water Treatment Plant recommend award to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well 26 for a total cost of $10,720.00 _ Department Head Signature: Determination of Consistencywit~"~X'~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~'/ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: ~ ~'~'i O,Oo <~ . City Manager Review: Approved for agenda: ~/) ~f"~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # PURCHASING DIVISION MEMORANDUM DATE: November 9, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Joseph Saffor~ce Director RE: DOCOUMENTATION CITY COMMISSION MEETING, NOVEMBER 16, 1999 PURCHASE OF PUMP & MOTOR REPLACEMENT FOR RAW WATER WELL 26 ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well, Number 26, for a total cost of $10,720.00. BACKGROUND: Two quotes were received for the purchase of a replacement pump and motor for Raw Water Well, Number 26. Hydro Pumps was the Iow bidder of the replacment pump and motor for a total cost of $10,720.00. Attached, please find a copy of the quotes received. The Superintendent of the Water Treatment Plant, Don Haley, recommends award to Hydro Pumps for a total cost of $10,720.00. RECOMM EN DATIONS: The Purchasing Division recommends award to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well, Number 26, for a total cost of $10,720.00. The funding for this purchase will be taken from account number 442-5178-536-6176. Attachments: Memo 11/05/99 Quote 08/19/99 Quote 08/20/99 Jacklyn Rooney, Purchasing Supervisor ~'~-' CC; ¥ City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney FROM: Don Haley ~' SUBJECT: Requisition 75524 (Hydro Pump) DATE: 1 '1-05-99 Please process the Commission Agenda for the purchase of Pump & Motor replacement for Raw Water Well 26. Attached is a second quote from Aquifier Maint & Performance for an equally compatable pump and motor that is of the same material (corrosion resistant). These materials must be used due to the location of Well C.C.D.B.-(FPL/Aero- Dri Contamination Site). cc: Dan Beatty U.'~nemos from HALEYYeq 75524hydro. doc F~ (954) 583-3305~t~/~~ I~ ~ ~ ~ff BROWARD - (954) 583-3303 HYDRO PUM PS ~=..w. ~,~ o~.,,.o. ~ox ~ PLANTATION, FL 33318 3540 $.W. ,~6~ Avenue · Davie, l~iorida 33314 · 954-792-5572 Augu.~.20. 1999 200 S,W..6~ ~t De~ay B~eK ~L 33444 A~: Don .~: WELL ~ ~ ~ ~S ~ible.~ ~9119.~ GPM ,~ 142 ~; 6" ~e; TOT~ (~.~.~): .$15,333,70 ~*~.a 75 ~ 4~3.~ 8" F~ ~b~ is ~e~lya 2 ~ ~ ~ .~r. FOR YOUR TOTAL PUMP AND WELL FIELD NEEDS AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: November tl, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Commission approval for the purchase of equipment to complete five (5) control radios at the 20 Series Well from Data Flow Systems, Inc., as a sole source purchase, for a total amount of $20,035. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Data Flow Systems for the purchase of equipment to complete five (5) control radios for the 20 Series Well from Data Flow Systems, Inc. for a total amount of $20,035. Funding from account code 441-5122-536-64.90. Department Head Signature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all itRms in,. ov Iving~,e~Penditure/of funds): Funding available: Yes ~ ( I I'-Z_--~ cj Funding alternatives: (if applicable) Account Number: ~'~'~l -~----c::~3 (,,-- ~%~, rf ~ Account Description: ~ ~._~.~.~, ,~ ~ r~ . Account Balance: ~.'~ ~-~ . ~ ~. ~ p - ~;~,~-- city Manager Review: ~) ' ~r'lm~] I1-~ '2_--=t ~ Approved for agenda:~,~ Lr~JA-'/) No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor / THROUGH: Milena L. Walinski, CGFO, Asst. Finance Direct°rL'~/~ ~-/ DATE: November 11, 1999 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING PURCHASE AWARD - FIVE (5) CONTROL RADIOS FROM DATA FLOW SYSTEMS, INC. Item Before Commission: City Commission is requested to approve the purchase of equipment necessary to complete five (5) control radios from Data Flow Systems Inc., for a total amount of $20,035. Background: The Water Treatment Plant Manager is requesting the purchase of these radios to install telemetry at five (5) sites of the 20 Series Well. With these radios, if the operation of one well fails, it will not effect the other wells. See attached memo dated November 11, 1999, from the Manager of the Water Treatment Plant. This equipment is available from Data Flow Systems Inc. as a sole source purchase. Data Flow Systems Inc. is the manufacturer of these parts and they are the original telemetry contractor for the City and for all the radio program controls. See attached equipment list and quote from Data Flow Systems, Inc. Recommendation: Staff recommends the approval for the purchase of equipment for five (5) control radios from Data Flow Systems Inc., as a sole source purchase, for a total amount of $20,035. Funding from account code 441-5122-536-64.90. Attachments: Memo From Manager Water Treatment Plant Quote From Data Flow Systems Inc. [lTV ElF I]ELIII1¥ DEPARTMENT OF ENVIRONMENAL SERVICES TO: Jackie Rooney, Purchasing Supervisor FROM: Don Haley, Manager Water Treatment Plant .t SUBJECT: Requisition #75633- Data Flow Systems Inc.'~ DATE: November 11, 1999 Please process the Commission Agenda for the purchase of radios to install telemetry at five (5) sites of the 20 Series Wells for a total amount of $20,035. See attached quote from Data Flow Systems, Inc. This installation will allow one well to fail and not effect the others. Data Flow is the sole source vendor for these manufactured parts. They are the original telemetry contractor for all radio program controls. Funding from account code 441-5122-536-64.90. Cc: Dan Beatty, Deputy Director Public Utilities .._ city of Oe r y Bea, c,h Maintenance Diviaion To: Dave Walker i From: Clayton Gilbert 434 South Swinton Ave. Dalray Beacah, FLA 33444 Tel: 407-2ffrg-5509 Tel: (561) 243-7306 Fax: 407-25g-4005 Fax: (561) 243-7344 Job Name: 20-$m'ie~ Wells Verify that this is oorre~, Line Quantity Des~iption Each Total I 25 Buchanan Card Edge Connectors $ 86.00 $ 2,150.00 2 & DCM120VAC4control/amonitor $ 768.00 $ 3,840.00 3 5 RIM006 $1,185.00 $ 5,925.00 4 5 PSM 002 - 50 Watt $ 404.0O $ 2,020,00 5 5 AMM 002 $1,058.00 $ $,290.00 6 5 RTA407Antannae $ 102.00 $ 510.00 7 5 Rubber DucX $ 40.00 $ 200.00 8 ,5 BNC - N Adapter $ 20.00 $ 100.00 $ 20.035.00 · Thank You, Clayton G'iJbert AGENDA ITEM NUMBER: ~'./- ·/! AGENDA REQUEST Request to be placed on: Date: November 12, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Contract renewal with Metro Service Consultants for fire hydrant maintenance of 875 hydrants at unit cost of $57.50, via the City of Melbourne Bid #97-10-138 for an estimated annual cost of $50,312.50. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Renew contract with Metro Service Consultants for fire hydrant maintenance via the City of Melbourne Bid #97-10-138 for an estimated annual cost of $50,312.50. Funding from account code 441-5123-536-34.90. Department Head Signature:--~~/( Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes "'/ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~/'"~ '1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Milena W. Walinski, CGFO, Asst. Finance Director ~ DATE: November 12, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 16, 1999 - CONTRACT RENEWAL FIRE HYDRANT MAINT. WITH METRO SERVICE CONSULTANTS VIA CITY OF MELBOURNE BID #97-10-138 Item Before Commission: The City Commission is requested to approve the contract renewal with Metro Service Consultants for fire hydrant maintenance via the City of Melbourne Bid #97-10-138 at an estimated annual cost of $50,312.50. Background: The Water Sewer Network is requesting the one year renewal with Metro Service Consultants for refurbishing of 875 hydrants to install blue reflective markers for night time locating of facilities for fire-fighting. This service is available from Metro Service Consultants via the City of Melbourne Bid #97~19-138 (this contract was awarded to Metro Service Consultants by the City of Delray Beach Commission in 1998). See attached memo dated November 12, 1999, from Manager of Water Sewer Network. The City of Melbourne renewed the contract with Metro Service Consultants per attached amendment to contract dated October 20, 1999. A five-year warranty is also included in the proposal. Metro Service Consultants has agreed to extend this service to the City of Delray Beach at the same unit price of $57.50 per attached letter dated November 01, 1999. Recommendation: Staff recommends the contract renewal with Metro Services Consultants via the City of Melbourne Bid #97-10-138 at a total cost of $50,312.50. Funding from account code 441-5123- 536-34.90. Attachments: Memo From Manager of Water Sewer Network Letter From Metro Service Consultants City of Melbourne Renewal with Metro Service Consultants 5>./_.11. MEMORANDUM TO: lackic Rooncy, Purchasing Supervisor FROM: Michael S. Offie, Manager of W/S Network SUBJECT: Fire H.yOrant M~inteo~c~ DATE: November 12, 1999 Attached is an agenda request and a proposal from Metro Service Consultanta to refurbish Fire Hydrants and ingtall blue reflective markers for nighttime locating of facilitiea for Fire-Fighting. Project scope includes Sandblasting Hydrants, application of a Primer Coat and a Polyurethane Finish Coat. A five~year warranty is also included in thc proposal, which is a piggyback of City of Mclboumc contract # 97-10-138. The contract price is $50,312.50 for refurbishing 875 hydrants. Funding is available in Water Distribution account #441-5123-536-34.90, other contractual services. Please place this item on the next available agenda for consideration by the City Commission. llcha61 S. MSO/lnn cc: Richard Hasko, P.E., Dir. ofEnv. Svc's Dan Bcatty, Deputy Dir. of Public Utilities Rick Lcc, Fire Safety Inspector Robert Rehr, Fire Chief File: u: Offw./Fin: Hydrant Maintcnanc~/Roon~y Nov~01-99 01:24P Metro Service Consultants 281 457 2419 P.02 I1.1[ I"1 V lC [ CON~I U I.,'I'A NT~ November 1, 1999 Send via Facsimile: 561.843.7166 Jackie Rooney, Purchasing City of Deiray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 RE: City of Melbourne Documentation Dear Mr. Offie: The following transmission included a copy of the award letter from the City of Melbourne and a copy of the contract for Fire Hydrant R. epainting. Metro Service Consultants, Inc. (MSC) would like to extend the same pricing structure to the City with the following exceptions: 1) MSC will not execute "3.1 Exterior Bonnet Replacement" 2) MSC will not execute "3.2 Interior Sandblasting" 3) MSC will not execute "3.5 Testing" 4) MSC will not execute "4.3 under Contractor Responsibilities" as the grit material we use for blasting in biodegradable 5) MSC will provide and install one (1) blue marker per fire hydrant painted These adjustments change the unit price to $57.50 per hydrant unit. I know you will request a complete bid package from Melbourne, but ifI may be of further assistance, do not hesitate to contact me anytime. I remain, Mina C. Modlin METRO SERVICE CONSULTANTS, INC. C.c. Mike Offie, Send via Facsimile to: 561/243-7166 · P.O. Box 146 Channelview, TX 77530 · 281-457-2404 · FAX: 281-457-2419 · · ,,lg/2¢(1~99 88:33 4879538279 CITY OF NELBDURNE PAGE 82 City of Melbourne AMENDMENT TO PURCItASE CONTRACT N~ NO, 9%10:138 This Amendment to the Purchase Contract for fire hydrant r~-p. ainting is made and cnt~ed into as of _October 12, 1999 by and betwcea the City of Melbourne and Metro Service Consultants, Inc.; P. O. Box 146; Channeiview, Texas 77530. Thc Purchase Contract, cnt~ed into on De.,cemb~r 2, 1997, is hereby awardcxl to renew the terms of the conlxact for twelve (12), at the same rate(s) commencing on December 15, 1999 and terminating on December 14, 2000. The parties hereto duly execute this amendment to become cf£ectivc as of September 23, 1999. CITY OF MELBOURNE METRO SERVICE CONSULTANTS, INC. 900 East Strawbridge Avenue Melbourne, FL 32901 David N. M¢Cue, Purchasing Agent By:Hina C. Hodlin,_~. Sec. (Name/Title) (Signature) (Date) ~'~ (Signature~ (Date) Distribution: Department/Division File Purchasing File AGENDAITEM NUMBER: ~.Z./~. AGENDA REQUEST Request to be placed on: Date: November 9, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Requesting Award to Commercial Chemical Products for the purchase of 23,000 gallons of Sodium Hypochlorite in Bulk Delivery for a total cost of $19,550.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Commercial Chemical Products the purchase of 23,000 gallons of Sodium Hypochlorite in Bulk Delivery for a total cost of $19,550.00. The contract period will be from October 1, 1999 through September 30, 2000. Funding is to be taken from Account number 441-5122-536-52.21. D t apartment Head Signa ure: Determination of Consistency w~oomprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes t,'''''/ No Funding alternatives: (if applicable) Account Number: ~fN'l-- ~ I"~-"~- --~"~J,- - ~"~. Account Description: Account Balance: /~ '-Z. I,,, % _~'~' ~ City Manager Review: Approved for agenda'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # PURCHASING DIVISION MEMORANDUM DATE: November 9, 1999 TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Joseph Saff~ Director RE: DOCOUMENTATION CITY COMMISSION MEETING, NOVEMBER 16, 1999 ANNUAL PURCHASE OF SODIUM HYPOCHLORITE-BULK DELIVERY ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Commercial Chemical Products for the annual purchase of Sodium Hypochlorite-Bulk Delivery for 23,000 gallons at a total cost of $19,550.00. The contract date will be from October 1, 1999 through September 30, 2000. BACKGROUND: Sodium Hypochlorite was being purchased in bulk delivery from Jones Chemical who only delivers via tractor-trailers. There are delivery sites that have recently been added to the delivery schedule that are only accessible via a single axle truck. This type of truck is able to get to the site and turn around at the site. Don Haley, the Superintendent of the Water Treatment Plant, inquired with three major chlorine supplies in an effort to establish if the companies could deliver via a single axle truck and, if so, they would then be invited to quote. The only company who delivers via a single axle truck is Commerical Chemical Products in Sunrise, Florida. Please see attached the memo from Don Haley dated November 2, 1999 and a quote from Commerical Chemical Products dated August 9, 1999. RECOMMENDATIONS: The Purchasing Division recommends award to Commercial Chemical Products for the annual purchase of Sodium Hypochlorite-Bulk Delivery for 23,000 gallons at a total cost of $19,550.00. The contract period would be from October 1, 1999 through September 30, 2000. Funding will be taken from account number 441-5122-536-5221. Attachments: Memo 11/02/99 Memo 08/09/99 cc: Jacklyn Rooney, Purchasing SupervisorL~ City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney FROM: Don Haley~--~ SUBJECT: Annual Purchase of Sodium Hypochlorite-Bulk Delivery DATE: 11-02-99 Please process the paperwork for Commission approval on the above product. We had purchased this product from Jones Chemical who only delivers vi._~.a tractor trailers. We now have added sites that only a single axle truck can get to and be able to turn around. I have inquired with the major chlorine suppliers; they are as follows: Allied Universal- Bernie Greenberg 1-800-437-8715 ext 160 Jones Chemical- Janet Lauterbach 1-800-242-2790 P.B.& S Chemical- Kim 1-800-727-7020 · none of these suppliers deliver in small trucks. The only company I can find is Commercial Chemical Products who submitted a quote.(see attached) The amount will be 23,000 gal @ .85/gal = $19,550. Contract date: 10-1-99 thru 9-30-00. Purchase Order period 11-1-99 thru 9-30-00. Account # is 441-5122-536-52.21 cc: Dan Beatty ~ ~ESSRVOO2~ringersen~rnemo format~l l O299rooney. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney FROM: Don Haley SUBJECT: Follow-up to memo tt/2/99(see attached) Annual P.O. of NaOCL (Bleach) DATE: 11/11199 The following information is to support the use of NaOCL (Bleach) Lift Station 80 3685 Lake Ida Rd. 1000 gal. double wall tank continued usage of 15 gal/day, 5475 gal/yr !!pump s,~ continued:usage North Repump St. 200 N.W. 1st Ave. 1000 gal. single wall tank. (Contained) continued usage of 15 gal/day, 5475 gal/yr ASP, use As water is recovered. Max. recovery of 3 million gallons per day. cc: Dan Beatty /cr I IESSRVOO21ringersenlmemoformatlrooneyl 11199followup. doc Commerc ai Chemical Products August 09, 1999 Don Haley Plant Manager 200 S.W. 6th St. Delray Beach, Fl 33444 Mr. Haley, As per our conversation on August 06, 1999, we would appreciate the opportunity to service your four (4) water treatment plants. This would be done at regular intervals in the beginning until a set schedule of once every 10 days could be achieved. Any emergency delivery could be handled in a 24 hour period. We do carry 5 million dollars general liability insurance, Workers compensation on all employees, 5 million dollars pollution insurance and we do use N.S.F. chlorine. Our state of the art delivery trucks hold 1,200 gallons of chlorine and use up to 400 ft. fill lines making it possible to reach almost any . location. Cost of chlorine per gallon for this contract would be .85 per galiorr, delivered. The delivery driver will wear all safety equipment including goggles, gloves, face shield and apron. Please call for any questions about this contract or any other information necessary to complete this agreement. You can contact me at 1--800-858-7665 or on my mobile at (954) 275-4764. Sincerely, Randy Bourbeau General Manager 10595 N.W. 53RD STREET · SUNRISE, FLORIDA 33351 · (954) 742-6133 · FAX (954) 742-6642 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ?/'V~ SUBJECT: AGENDA ITEM # ]10 ~ - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO. 43-99 (REZONING FOR BORTON MOTORS) DATE: NOVEMBER 10, 1999 This is second reading and a quasi-judicial pubhc heating for Ordinance No. 43-99 which rezones Lots 37 and 38, Delray Beach Estates, from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property, is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships, and contains 2.23 acres. The west half of Lot 37 is developed and is occupied by Bushey's Religious Supply store. The balance of Lot 37 is vacant.. Lot 38 is also developed and was most recently occupied by Antique Market Place, a flea market. The buildings were vacated in 1998, however, and remain vacant. Both properties were developed while under Palm Beach CountT jurisdiction. On March 22, 1994, both lots were annexed into the Cit3,, pursuant to the ELMS III legislation [F.S. 171.046(2)(a)] with imtial zoning of GC (General Commercial). The rezonmg to AC (Automotive Commercial) is sought to allow the demolition of the existing structures and incorporation of the two lots into the existing Borton Volvo and Volksxvagen dealerships. The Planning and Zoning Board considered the proposed rezoning at a public hearing on October 18, 1999. There was no public testimony, and the Board voted unanimously to recommend that the rezoning be approved. At f~rst reading on November 2, 1999, the Cit3, Commission passed Ordinance No. 43-99 by unanimous vote. Recommend approval of Ordinance No. 43-99 on second and final reading, based upon positwe findings and the recommendation of the Planning and Zoning Board. RefiAgmemo21.Ord.43-99.Rezonmg for Borton Motors ORDINANCE NO. 43-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 37 AND 38, DELRAY BEACH ESTATES, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY IMMEDIATELY NORTH OF THE BORTON VOLVO/VOLKSWAGEN DEALERSHIPS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of October 18, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Lots 37 and 38, DELRAY BEACH ESTATES, according to the Plat thereof as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships; containing 2.23 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of November , 1999. ATTEST: ~/ A/O R First Reading November 2, 1999 Second Reading November 16, 1999 - 2 - Ord. No. 43-99 GULF STREAM BOULEVARD~ ~ - REZONING - c;*~ o: ~:L~*~ e~C~, =. FROM: GC (GENE~ COMMERCIAL) TO: AC (AUTOMOTIVE COMMERCIAL) P~ANNINO ~ ZONINO PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 18, 1999 AGENDA ITEM: V.B. ITEM: Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a Parcel of Land Located on the East Side of North Federal Highway, Immediately Norlh of the Borton Volvo/Volkswagen Dealership. GENERAL DATA: : ":i ~-'""----~-"~/ ~.~.-.~ Owner ..................................... Mary Menchel & Edc~ar Bushey, I ~ -'- i..'-----~; /~'""~'~ .~ Ao_m ...................................... Roger Saberson . Applicant ................................. Kjell gergh & Loren Sheffer / Location .................................. East side of North Federal Highway, immediately north of the Borton VolvoNolkswaaen I ;'"""'~,/,~/ h~:,~;' ,.i dealership. Pro~y Size .......................... 2.23 Acres Land Use Map Desi:~atio~ .... General Commercial / / Existing City Zoning ................ GC (General Commersial) , / ::.,,~ ,, Proposed City Zoning .............AC (Automotive Commercial) Adjacent. Zoning ............ N~h: GC East: Town of Gulf Stream - RS (Single Fami}y Residential) South: AC ¢~ ~ == Existing Land Use ..................Vaca% building used for storage of furniture, furnishings, equipment and other personal ~, items & Bushey's Religious Store Proposed Land Use ................ Rezoning of the parcels from GC to AC to be incorporated as of the existing automobile dealership (Boron Volvo,Wolkswaoen) Water Sero, ice ......................... n/a Sewer Se~ice ......................... n/a I:-- I T E M B E F O R E :i.T: H E:i~i B'O;A:R:D;~: -, ' The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) for Borton Motors, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property is located on the east side of North Federal Highway, approximately 1,750 feet north of Allen Avenue, just north of Borton Volkwagen. The proposal incorporates Lots 37 and 38, Delray Beach Estates, and contains approximately 2.23 acres. The west half of Lot 37 is developed and is now occupied by the Bushey's Religious Store. The remaining portion of Lot 37 is vacant. Lot 38 is developed, however the buildings were vacated in 1998, and was most recently occupied by Antique Market Place (flea market). Both properties were developed while under Palm Beach County jurisdiction. On March 22, 1994, both lots were annexed into the City pursuant to ELMS Ill legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. Nos. 15- 94 and 16-94). [ ' . :. P,,R O J E C T;::, DES :CR 1 PT:I'ON?,: :.: . The proposal is to change the zoning designation of the property from GC (General Commercial) to AC (Automotive Commercial). The rezoning to AC will allow the demolition of the existing structures and will be incorporated with the existing Borton Volvo and Volkswagen Dealerships. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development aPplications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 2 FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subiect property has a General Commercial Future Land Use Map designation and is currently zoned GC (General Commercial). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial land use designation. The proposal is to incorporate the subject parcels within the existing dealerships. Pursuant to the LDP, Section 4.4.10(B)(1), within the AC zone district, full service automobile dealership is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-I of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: F~ Water service can be easily accommodated via a service lateral connection to the existing 12" water main along the east side of Federal Highway. Adequacy of fire suppression will be evaluated during the site plan review process. Sewer service is available via a service lateral connection to the existing 10" main along the east side of Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Draina~le: With a rezoning' request drainage plans are not required. The site is primarily developed with existing structures on the south and northwest sides of the property. The rezoning will not negatively impact this existing situation. The proposal involves demolition of the existing structure and integration with the dealerships to the south. With a site plan submittal, drainage plans will be required. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 3 Traffic: As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed automotive use under the AC zone district will be equal to or less than that generated by the commercial uses allowed under the GC zone district. The development of the property under the AC zone district should not create an adverse impact on this level of service standard. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. ..L..and Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall apply: 1. Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2. Automobile dealerships shall not locate and/or expand in the following areas: Within the CBD zone district; P & Z Board Staff Report Rezoning from GC to AC for Borton Motors .... Page 4 --- West side of Southbound Federal Highway between George Bush Boulevard and SE 10TM Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; [] On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of NE 6TM Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3. Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4. Automobile dealerships shall be directed to the following areas: F~ North of George Bush Boulevard, between Federal and Dixie Highways; [] East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; ~1 South of Linton Boulevard, between Federal and Dixie Highways; Q Between the one-way pairs (Federal Highway) from SE 3rd Street to SE 10th Street; and from NE 5TM Street to George Bush Boulevard; Q On the north side of Linton Boulevard, between !-95 and SW 10th Avenue, and along Wallace Drive. 5. Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commercial areas. If the rezoning is approved, the subject property will be incorporated within the existing full service automobile dealerships. The development proposal is consistent with this Policy as the subject property is located east of Federal Highway north of the north properb/line of the Delray Swap Shop/Flea Market. Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999..' The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the are must be in accordance with the provisions of the Redevelopment Plan. The North Federal Highway Redevelopment Plan was adopted by the City Commission on March 16, 1999. The proposal will provide economic stimulation P & Z Board Staff Repod Rezoning from GC to AC for Borton Motors Page 5 and investment in the area and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhood to the south and should be an inducement to redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan. Transportation Element Table T-1 Pursuant to the County's Thoroughfare Map and Transportation Element Table T-1 of the City's Comprehensive Plan, the ultimate right-of-way width for this section of Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the site plan submittal, a right-of-way dedication of 10' must be provided from the subject property. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs, The property has been disturbed and is partially developed. The existing structures will be demolished and automobile dealerships expanded. The proposal fulfills the needs identified as part of the North Federal Highway Redevelopment Plan. The proposed zoning of Automotive Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the east. This policy will be further addressed at the time of site and development plan review. Section 3.2.2 (Standards for Rezonin~l Actions): Standards A and B are not applicable. The applicable performance standards of Section 3,2.2 are as follows: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The propo, sed AC zoning is not considered strip commercial zoning. The site contains 2.23 acres and is to be incorporated with the existing automobile dealerships. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient P & Z Board Staff Repo~ Rezoning from GC to AC for BoO, on Motors Page 6 regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and west are zoned GC (General Commercial); to the south is zoned AC (Automotive Commercial); and, to the east the properties lie within the Town of Gulf Stream and is zoned RS (Residential Single Family). The surrounding land uses are as follows: to the north is Delray Pawn Shop; south is Borton Volkswagen, a full service automobile dealership; to the east are two single family homes associated with the Place Au Soleil subdivision in the town of Gulf Stream; and to the west, across Federal Highway, is Badcock Home Furnishing Center. Compatibility with the adjacent properties is not a concern as the property is bordered on the north, south and east by commercial uses. With regard to the residences to the east, there is an existing 6' chain link fence along the east side of the property. Sufficient regulations currently exist i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A) and 4.4.10(G)(4)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences and location restrictions with respect to certain aspects of an automotive dealership use. It should be noted that the current dealership has existed adjacent to this neighborhood for many years with no concerns. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the ri~quested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 7 "The reasons for which the rezoning is being sought is based upon Item"b" and "c". Due to the acquisition of the subject property by BoRon Motors, Inc. and the fact that the subject property is immediately abutting the existing BoRon Motors dealerships there has been a change in circumstances which makes the current zoning inappropriate. The subject property is not intended to be used as a separate independently used property but instead is to be used as a part of the existing dealerships. The proposed use is consistent with the designation of the subject property on the Future Land Use Map and is of a similar intensity to other uses which are aflowed within the GC designation. Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Automotive Commercial Development Standards [LDR Section 4.4.10(F)] Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres While the proposal is to expand the auto dealerships, it is still appropriate to review the above code section. The property has 200 feet of frontage and width, 521.94 feet of depth (average), and 2.23 acres, thus exceeding the minimum site dimensions and area of the AC zone district. In addition to the above, the AC zone district has special requirements regarding outdoor dispiay..areas, lighting, use and operating restrictions, bullpen parking areas, and location of service areas as they relate to residential property. Future development of the site must comply with these requirements. Special Landscape Setback In conjunction with the design standards established in the North Federal Highway Redevelopment Plan and the recent text changes to the Land P & Z Board Staff Repo,'1 Rezoning from GC to AC for Borton Motors Page 8 Development Regulations, a minimum front building setback of 5' from the ultimate right-of-way is established. The maximum building setback shall be 15' unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Submission Requirements The ownership of Bushey's Religious Store is in the process of being changed. Ownership documentation as required in LDR Section 2.4.3(A) shall be provided prior to final action by the City Commission. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of October 14, 1999, the CRA reviewed and recommended approval of the rezoning request. Adjacent Municipalities Notice of the rezoning has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] La Hacienda Homeowners Association [] Seacrest Homeowners Association ~ North Palm Trail Homeowners Association [] PROD [] President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ~':A S.S E S'SiM E~N T!~:AiN D ,i C O N~i'E:I:[~S~I O~N:~i~!:~!' ~, ;:: ~. 'J The rezoning from GC (General Commercial) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 9 --- Land Development Regulations. The proposal is consistent with the North Federal Highway Redevelopment Plan as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the expansion of full service automobile dealership as a permitted use under the AC zoning district. I A. Continue with direction. B. Recommend approval of the rezoning request from GC to AC for Borton Motors, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from GC to AC for Borton Motors, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. : :':: '!i. STA.FF RECQMMENDiAT]O:N~i'.:: .;.~ Recommend to the City Commission approval of the rezoning from GC to AC for Borton Motors, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: [] Location/Zoning Map [] Boundary Survey This Staff Report was prepared by: Jasmin Allen, Planner MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~! SUBJECT: AGENDA ITEM # g/~q - REGULAR MEETING OF NOVEMBER 16, 1999 OFFICIAL RECOGNITION APPLICATION FOR OPERATION WEED AND SEED DATE: NOVEMBER 12, 1999 Attached is a memorandum from Chief Overman requesting approval to submit an application for official recognition of our Weed and Seed program to the Department of Justice, Executive Office for Weed and Seed. Also requested is authorization for the Chief to sign the application forms and, if the recognition is awarded, to execute the agreement and any other necessary forms and certifications. If awarded, the designation would afford the City the opportunity to apply for Department of Justice, Executive Office for Weed and Seed funding, preference in receiving discretionary resources from participating federal agencies (e.g. HUD Drug Elimination Grants), and priority for participating in federally sponsored training and technical assistance. Approval is recommended. RefiAgmernol 1.Official Recognition Application.Weed & Seed MEMO To: David Harden, City Manager From: Richard Overman, Chief of Police Date: November 10, 1999 Re: Submission of Official Recognition Application to the Department of Justice, Executive Office for Weed and Seed ITEM BEFORE THE COMMISSION City Commission consideration to approve thc submission of thc attached Official Recognition grant application to thc Department of Justice, Executive Office for Weed and Seed (EOWS) and authorize thc Chief of Police to sign the grant application forms and later if awarded, execute the agreement and any other necessary forms and certifications. Operation Weed and Seed is essentially a coordination strategy to help communities bring together people and resources to help prevent and control crime and improve the quality of life. Weed and Seed is a Comprehensive multi-agency approach to law enforcement, crime prevention, and community revitalization. The aims are to prevent, control and reduce violent crime, drug abuse, and gang activity in targeted high-crime neighborhoods. This application outlines and affirms the constructive efforts the City has and continues to make to leverage resources to redevelop its highest crime and distressed neighborhoods. If awarded, this designation would afford the City the opportunity to apply for DOJ/EOWS funding, preference in receiving discretionary resources fi:om participating federal agencies (e.g. HUD Drug Elin~_ation Grants); and priority for participating in federally sponsored training and technical Assistance. BACKGROUND The Palm Beach County Board of County Commissioners (BOCC) through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drug trafficking. The CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program. The Weed and Seed Steering Committee has chosen the CDBG area of the City of Delray each for the creation of a third site. In the establishment of this new site, the Steering Committee has committed its administrative staff to assist the City with the planning, site development and identifying additional resources for the implementation. The Weed and Seed Program consists of four elements: 1) law enforcement - intensive law enforcement fi:om city, county, state and federal agencies in combined units to %veed" out violent, drag and other offenders; 2) community oriented police - law enforcement officers working closely with residents to solve neighborhood problems that result in crime and substance abuse; 3) prevention, intervention and treatment - focuses on an increase in availability and delivery of human services in targeted neighborhoods through the establishment OPERATION WEED AND SEED PROPOSAL CITY OF DELRAY BEACH City of Deiray Beach Police Department 300 W. Atlantic Avenue Delray Beach, FL 33444 Management Stmctllre Steering Committee MANAGEMENT STRUCTURE STEERING COMMITTEE Contact Pcr$0n Name: Captain William McCollom Address: 300 West Atlantic Avenue, Delray Beach, FL, 33444 Phone: (561) 243-7856 Fax: (561) 243-7816 Email: wmcollom(~_,gate.net Steering Committee Officers Chair: Emalyn Webber, Managing Assistant, U.S. Attorney's Office 1st Vice Chair: Remar M. Harvin, director, PBC Housing & Community Dev. 2~d Vice Chair: L. Diana Cunningham, Exec. Dir., PBC Criminal Justice Commission Secretary: Rev. Tony Drayton, St. James Missionary Baptist Church Treasurer: Larry Herndon, Prog. Oper. Admin., Dept. of Juvenile Justice Steering Committee Members Ray Adams, PBC Health Care District Dale Armstrong, Resident Agent-in-Charge, U.S. Treasury Department Rev. Edgar Austin, President, Citizens Crime Watch Cecil Bennett, CEO, PBC Health Care District Ric Bradshaw, Chief of Police, West Palm Beach Police Department Michael Brown, Mayor-Elect, City of Riviera Beach Isabella Cunningham, President, Neighbors United, Inc. Paul Damico, Chief of Felony Division, Public Defenders Office James Fitzgerald, Chief of Police, Palm Beach Gardens Police Department Maude Ford-Lee, Chair, PBC Board of County Commissioners Charles Gainey, President, N.W. Riviera Beach CRC John Green, Coord., City of Riviera Beach Housing & Community Development Eugene Herring, Admin. Assistant, PBC Commissioners Office Angela Hill, Vice President., KEFAC Enterprises Annetta Jenkins, Program Director, Local Initiatives Support Corporation Jerry Kelly, Community Development Specialist II, WPB Housing & Com. Development Rev. Gerald Kisner, Tabernacle Baptist Church Robert Mangiamele, Resident Agent-in-Charge, DEA James L. Martz, Assistant State Attorney, SAO Jase Maxwell, Jr., resident, Maxwell's Groceries Teresa McClurg, Interim Director, WPB Housing & Community Development Ken Montgomery, Executive Director, PBC Workforce Development Board Robert E. Neumann, Sheriff, Palm Beach County Sheriff's Department (PBSO) Darryl Olson, Juvenile Justice Mng., Dist. #9, Dept. of Juvenile Justice Jerry Poreba, Chief of Police, City of Riviera Beach Police Department Ed Rich, Director, PBC Department of Community Services Laura Schuppert, Director of Recreation, City of West Palm Beach Richard Virgadamo, Assistant Director, PBSO Mike Washam, Managing Supervisor, FDLE Dekay Beach, Florida EOWS FY2000 Solicitation Management Structure Steering Committee INSERT ORG CHART Steering Committee: Roles and Responsibilities Introduction The restructuring of the Palm Beach County Weed and Seed Program has focused on operational effectiveness and efficiency in order to improve its impact in the targeted communities. The overall management of the program will continue to rest with the Steering Committee. However, the Steering Committee would take on a new role in that it would now engage in a partnership with the newly formed Neighborhood Planning Advisory Team (NPAT) of the target site. The NPAT will perform the planning and implementation of neighborhood economic development for the site along with the support of the Weed and Seed Steering Committee's staff. The Steering Committee will serve to support the goals of the NPAT, through the coordination of capacity building training and human resources to affect the reduction of crime and improve the quality of life for the residents of the targeted sites. Role The Steering Committee is responsible for implementing a countywide, coordinated law enforcement and neighborhood restoration plan by re-deploying existing resources and developing new resources to assist the targeted Weed and Seed neighborhoods. Its role is to address policy, management, and implementation activities through its oversight of the committees. The Steering Committee includes responsible agency heads that can approve recommendations for programs and resource allocation. Responsibilities · Serve as an Advisory Board to the Criminal Justice Commission · Set policies that outline how the program will operate to meet its goals · Recruit committee membership · Identify and prioritize targeted sites for official recognition and for designation · Develop/revise Bylaws · Monitor, interpret and evaluate the programs progress Committees and Boards Governing Committees · Executive Committee · Neighborhood Planning & Advocacy Team(s) (NPAT) · Weed Policy Board · Seed Policy Board Review Committees · Bylaws · Grants and Endorsement · Membership · Policy Dclray Beach, Florida EOWS FY2000 Solicitation Management Structure Day-To-Day Management DAY-TO-DAY MANAGEMENT Introduction The Weed and Seed Steering Committee will guide the overall strategy development, deployment of resources and assessment of program implementation. The City of Delray Beach Police Department (DBPD) will administer the grant funds and ensure financial accountability of fund expenditures. The DBPD will also oversee the daily operations and will coordinate the day- to-day administration of activities. The DBPD is able to call on the assistance of the Palm Beach County Weed and Seed Program staff for their technical assistance and/or funding development needs. The organizational chart will be as follows: C> As this organizational design reflects, the Steering Committee and the Neighborhood Planning Advisory Team (NPAT) will be the key entities responsible for establishing all goals and objectives for the target site. City of Delray Beach The City of Delray Beach management chart will be as follows: C> This small body of key actors shall provide coordination, direction and oversight of the implementation of the weeding and seeding activities as proposed. The Management shall ensure implementation of all resources dedicated to the Weed and Seed Program are in accordance with the overall plan and Memoranda of Agreement. Management shall periodically meet with the proper parties to review the progress of all activities and to assure coordination in the implementation of activities among all agencies. The Chief of Police shall provide supervisory direction and assistance to the Weed and Seed Program staff and shall be responsible for staff evaluation. The City of Delray Beach Finance Department shall provide all fiscal accounting and purchasing shall be done through the City's Purchasing Department. Countywide Staff The Palm Beach County Weed and Seed staff shall serve as staff to the Steering Committee. Staff will serve as capacity builders and resource facilitators to the Weed and Seed site. This would include channeling grants, investments and technical support to the target neighborhoods that are engaged in initiatives addressing neighborhood improvements and restoration. Prevention of crime, substance abuse and teen pregnancy; delinquency, job training and employment; housing and economic development; block clubs; youth development programs; anti-drug efforts and healthcare programs are examples of projects that may be funded. The Neighborhood Planning and Advocacy Team will assist in identifying and prioritizing these projects. Dekay Beach, Florida EOWS FY2000 Solicitation Management Structure Day-To-Day Management Day-To-Day Implementation of Strategies The Roles Boards Play Neighborhood Planning & Advocacy Team(s) The Neighborhood Planning & Advocacy Team(s) (NPAT) is a governing sub-committee of the Steering Committee. It is comprised 0nly of the residents and business owners that reside or operate businesses in the target neighborhood. Ideally, it will include presidents of neighborhood associations, clubs, a CDC, businesses associations' etc. This team would not be limited to adult participation. Youth participation would be strongly encouraged. This team will be the leader of the neighborhood economic development and prevention efforts engaged in its neighborhood(s). It will develop the vision, goals, strategies and projects for its neighborhood. NPAT will be the driving force in transforming its neighborhood from economically challenged to economically prosperous. NPAT G0al ,/ Establish an alliance of residents to work together to solve the problems plaguing its neighborhood and develop a core of strategies for implementation to affect long term revitalization. NPAT Roles and Responsibilities · Identify and prioritize its most prominent risk factors · Develop strategies to reduce the risk factors · Recruit neighborhood volunteers to assist with strategy implementation · Oversee strategy implementation Weed Policy Board The Weed Policy Board is a governing sub-committee of the Steering Committee. The Weed Policy Board membership is comprised of the law enforcement officials from the various agencies serving on the Steering Committee and participating in interdiction, prosecution and prevention, including community policing. The Chair of the Steering Committee appoints the Weed Policy Board Chair every two (2) years. The weeding components will be supervised by Captain William McCollom of the City of Delray Beach Police Department C> Weed Policy Board Goals The Weed Policy Board's ultimate goal is to remove chronic violent offenders from the target neighborhood(s). This is accomplished through the following means: '/ Identify the offenders ,/ Apprehend the offenders q' Prosecute the offenders ,/ Obtain convictions ~ Pursue sanctions that provide the greatest protection to the neighborhood Delray Beach, Floriqla EOWS FY2000 Solicitation Management Structure Day-To-Day Management Weed Policy Board Strategies The Weed strategy emphasizes relationships, not differences, between federal, state and local law enforcement. Its primary focus is on a target neighborhood and the criminals within it. The federal-state jurisdiction distinctions become a secondary issue. The pertinent questions are: · What must be done to suppress crime in the target neighborhood? · What tools/resources, federal, state or local, should be used in the suppression effort? Depending on the various issues involved: · What statute, federal or state will be most effective against a given offense? · Who has the resources available to act effectively at a particular time? · Which court system will handle a case most quickly? · What correctional facilities and programs are available? Weed Policy Board Roles and Responsibilities The Weed Policy Board sets policy, goals and objectives and makes decisions on targets and tactics in crime suppression components. The Board will coordinate capacity building training in areas such as the following (examples): · Provide unique federal and state training opportunities · Asset forfeiture and seizure · Community Justice/prosecution/court · Domestic/victim/witness abuse · Suppressing gang violence · Crime prevention through environmental design · Crime mapping · Federal/local law enforcement collaboration annual workshop · Solving crime problems in residential neighborhoods · Showcase local effective programs for replication The Weed Policy Board will be responsible for the development and review of the "weeding" and "the community policing bridging" components of the program. It will provide guidance to insure the philosophy is implemented and integrated into the overall Weed and Seed process. It will establish Task Teams to perform a developed scope of work. · The gVeed Task Team will be comprised of staff from the various organizations participating in interdiction, prosecution and prevention, including community policing. The members of this Task Team will report to the Weed Policy Board and develop strategies to address the goals and objectives established by the Board. It will identify the resources needed to accomplish each task, timelines and lead agency for implementation. · The COP Bridge Task Team that is comprised of staff from the various organizations participating in community policing, code enforcement, recreation, public works, school police, residents and others that will lend a different prospective on current practices for effective development and delivery. Delray Beach, Florida EOWS FY2000 Solicitation Management Structure Day-To~Day Management The specialty training, including those listed above, will be made available to Task Team members to build stronger collaboration and team consensus. Seed Policy Board The Seed Policy Board membership is comprised of the leaders of human service organizations and residents of the target neighborhood serving on the Steering Committee and responsible for or participating in prevention, intervention and restoration activities. The Chair of the Steering Committee appoints the Seed Policy Board Chair every two (2) years. Seed Policy Board Goals The Seed Policy Boards ultimate goal is to prevent crime and violence from reoccurring in the target neighborhood(s). The Seed Policy Board sets policy, goals and objectives and makes decisions on the suppression of elements that have led to the decline of these communities; such as poverty, unemployment and delinquency. This is accomplished through the following means: · / Concentrating a broad array of human services on the target neighborhood to create an environment where crime cannot thrive. ~' Establishing a Safe Haven within the neighborhood, which serves as a mechanism to organize and deliver an array of youth and adult-oriented human services in a multi- service center setting, i.e., school or community center. ~ Coordinating the use of federal, state, local and private sector resources to revitalize and improve the quality of life in the target neighborhood(s). Seed Policy Board Strategies The Seed strategy emphasizes relationships, not differences, between federal, state and local human services and the private sector. Its primary focus is on a target neighborhood and the residents, youth and adults, within it. The jurisdiction distinctions become a secondary issue. The pertinent issues are: · What must be done to prevent crime from reoccurring in the target neighborhood? · What are the target neighborhood(s) risk factors? · What elements predict the development of these factors? · How do we prevent or reduce the factors that increase that development? · How do we strengthen the programs/services/factors that reduce the development? · What tools/resources, federal, state or local, should be used in this effort? · What resources, programs and/or services, federal, state or local will be most effective? · What resources are available to effectively impact particular situations? · Which service or collaboration of services can be deployed to address the issues most quickly? · What facilities and/or programs are available? Delray Beach, Florida EOWS FY2000 Solicitation Management Structure Day-To-Day Management Seed Policy Board Roles and Responsibilities The Seed Policy Board sets policy, goals and objectives and makes decisions on strategies for social service delivery and community development activities. Thc Board will coordinate and support capacity building training in areas such as the following (examples): · Employment Training and Placement · Entrepreneurial Programs for Youth and Adults · Federal/Local Collaboration Human Service Workshops · Community/Neighborhood Empowerment · Grassroots Initiatives · Neighborhood Legal Defender Initiatives · Economic Development Initiatives The Seed Policy Board is responsible for developing strategies for delivering the needed resources and agreeing on the targeted neighborhood's overall restoration plan. The restoration plan must incorporate the plans from the Neighborhood Planning & Advocacy Team(s). It will provide guidance to insure the philosophy is implemented and integrated into the overall Weed and Seed process. It will establish Task Teams to perform a developed scope of work. · ,.geed Task Team will be comprised of staff from the various human service organizations participating in prevention, intervention and restoration activities. · The members of this task team will report to the Seed Policy Board; however, they will work very closely with the NPAT to develop and implement the strategies to address the goals and objectives established by the Board. · It will identify the resources needed to accomplish each task, timelines and lead agency for effective development and delivery. The specialty training, including those listed above, will be made available to Task Team members to build stronger collaboration and team consensus. Delray Beach, Florida EOWS FY2000 Solicitation CITY OF DELRAY BEACH, FLORIDA GULF STREAM BLVD. L..30 CANAL LAKE IDA ! ! ! · I'"'l s LORGON BOULEVARD ! ! ~ ' , L-38 CANAL C-15 CANAL WEED & SEED DESIGNATED TARGETAREA ONE MILE CITY OF DELRAY BE. ACH, FL I ......... C~'Y LIMITS ......... I I PLANNING &ZONING DEPARTMENT GRAPHIC SCALE 1999 - - D~GITAL BASE MAP SYSTEM - - N ~ WEED & SEED DESIGNATED ..~.N,.c ,~..~..N. TARGET AREA OT¥ 0¢ OELRAY ~A~, FL --- ~ ~ ~ S~ -- ~ REF: LMO~ Neighborhood Selection and Assessment Selection of the Target Neighborhood NEIGHBORHOOD SELECTION AND ASSESSMENT SELECTION OF THE TARGET NEIGHBORHOOD Boundaries of Target Neighborhood A large part of the established Community Development Block Grant Target Area (CDBG) was selected as the best site to designate the new "Weed & Seed" target area. The area selected is defined as Swinton Avenue to the East, 1-95 to the West, Linton Blvd to the South and Lake Ida Road to the North. Introduction - Why This Neighborhood? The Steering Committee, in deciding which neighborhood within the City of Delray Beach would benefit the most from a Weed & Seed designation, considered a number of issues and reasons. First, were the visual evidence and a documented substantial nuisance of street level flrllg_agliyJ~. Secondly, we noted the deteriorated conditions affecting the quality of life of residents living within the neighborhood. Thirdly, the committee believed the identified need for improved infrastructure has as tremendous impact on the neighborhood's appearance and quality of services. Fourth, we felt that the neighborhood's capacity_ to partner with ~, businesses and non-profit groups to resolve problems would be crucial to the success of any new initiative. Lastly, the committee applied the general criteria set forth in Chapter 3 of the Weed & Seed Implementation Manual. The consensus of the committee thus concluded that a large part of the established Community Development Block Grant Target Area (CDBG) would be the best site to designate as the new "Weed & Seed" target area. The area selected is defined as Swinton Avenue to the East, 1-95 to the West, Linton Blvd to the South and Lake Ida Road to the North. The Steering Committee criteria used in identifying the intrusion of street level drug activity was determined by documented reports from the Police Department on the number of incidents being reported by residents, the number of arrests, high incidence of drag-related crime and the number of crack houses identified within the boundaries of the proposed Weed & Seed area. While many problems still exist in the area, a number of governmental and civic organizations have begun the process of restoring the vitality and appearance of the target area. These special efforts that are currently being employed to mitigate these conditions were considered. The City's Community Policing Program has already been extremely successful in reducing some of this street level activity. Still, there is evidence of continued activity, especially in the southwest part of the selected area that requires comprehensive and creative solutions. The obvious signs of deterioration within this area include the number of housing units that are in need of substantial rehabilitation as well as overcrowded housing conditions. Visual nuisances of trash and debris on both public and private properties and the ever presence of children and adults congregating around the local stores, under trees and other public places is viewed as undesirable conditions. This type of congregating, as in most cities, is indicative of the high rate of unemployment, economic deprivation and the lack of structured or available and/or suitable recreation activities. The targeted area is one of the oldest parts of the City. It suffers from years of neglect to its infrastructure. Most of the water and sewer lines were installed forty plus years ago with minimal maintenance and attention. It has the highest number of "D & E" level streets (as rated by the Environmental Services Department on a scale of A to E with A being the best conditions) Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood as well as the highest number of unpaved streets in the entire City. Sidewalks are almost non- existent throughout; residents are, however, demanding that the City budget and construct them. The southwest part of the target area is in need of major drainage improvements; existing systems are either very deteriorated or non-existent. The northwest section received a $6 million-dollar drainage improvement project under the City's Decade of Excellence Bond Program in 1995. Additional Sources Other information used in determining the site selection came from a variety of sources. The City's Planning & Zoning department provided statistical information relative to poverty levels, household income levels, employment, census data and general information on current and planned land uses. The committee considered information from the Community Improvement Department supported in it Comprehensive Housing Assistance Plan, Housing Assistance Plan and its Annual Consolidated Plans to assist in identifying housing, social service, homeless and other special needs. These comprehensive reports also document current conditions. Demographics The area selected is the City traditional African-American community. It has the highest concentration of low-income household and houses the City's designated "Pocket of Poverty" established in 1989. It has been described as an inner-city minority community, which over the last several decades has experienced a decline in social capital, increasing social isolation and fragmentation of neighborhoods of concentrated urban poverty similar to other urban neighborhoods across America. The data supplied in this application comes from the 1990 census. The City staff believes this data will change significantly under the 2000 census report. Accordingly, some of the significant changes impacting this area occurred during the past decade and are not reflected in the data. As an example, the influx of Haitian immigrants has created different types of challenges and needs. Thus, staff believes the current make-up of this area is as follows: The selected area is comprised of 195 blocks, 1,305 acres and encompasses a two- (2) mile radius. The population is estimated to be approximately 10, 500 (1990 census - 7,664); the per capita income is estimated at $28,553, average unemployment is at 8% with a poverty rate of 50%. The median price of a single-family dwelling unit is $84,240. The Police Department reports violent crimes at 247 per 8,000 and level II crimes at 1.35 per 8,000. Although this area is predominately African-American, it also houses the City's Latin community and since 1991, a large portion of the Haitian immigrants. It is inclusive of census tracts 67, 68.01 & 68.02. Other data to consider is: · 70% of the African-American and Latin American children living in the target area live in poverty. · 90% of the City's African-American and Latin population live within this target area. · This area has experienced the largest influx of Haitian immigrants than any other community in Palm Beach County, (based on information supplied by the Haitian American Council). · 71% of the Black and Hispanic residents have not attained a high school diploma, with approximately 50% reporting less than a 9th grade education. Delray Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and A~$e,~ment Selection of the Target Neighborhood Other prevalent social problems include a disproportionate number of single parent households and children bom at or below the poverty level, high rates of violent crime, substance abuse, domestic violence, teenage pregnancy, HIV-related illness and deaths, child abuse and neglect. The entire area is considered a "high crime" area where neighborhoods receive extra police presence and service. The 1990 census indicate: 80% of all residents fall within the low to moderate-income range. · One third of the residents are 18 years old or below and are school age. · 36% of the children live in poverty, compared to the count statistics of 14.8% · 51.7% of the children living within the target area reside in single parent households, compared to 22.7% countywide. · 70% of the youth living within the target area will not graduate from high school and face the likelihood of a life filled with low-paying jobs, periods of unemployment and even long-term welfare. Other Selection Criteria Gang Related Violence: The City's experience with gangs has been limited. In 1998 we discovered a gang who called themselves the "Sterling Avenue Boys." This gang is located in the southwest section of the target area and within the Haitian community. They appeared to be largely responsible for the petty crimes, breaking and entering, vehicle thefts and the like occurring in the neighborhood. Efforts to break up the gang activity have been addressed under a new initiative called the Strategic Task Team; organized to employ problem-oriented solving techniques with its activities. Associated crimes have decreased significantly since the STT's involvement. Gang activity does not appear to be large problem in the selected site, but street level drug activity is often enabled through neighborhood and family relations, which is a second cousin to gangs. Also, student gang activity was largely centered around graffiti. Our policy to paint out graffiti within 24 hours of it appearing has virtually eliminated this type of activity. The participating members of the STT have received formal training on gangs and their related activities. Drug Trafficking: Drug trafficking is one of the greatest challenges facing the selected site. Street level activity is rampant and can be seen throughout the target area, resulting in multiple nuisances and crimes. Police data on crime reports that the target area has a disproportionate share of crime when compared to the City as a whole. As an example, between the period of 1992-94, 8.2% of the arrests in the City for murder, rape, robbery, auto theft, burglary and the like took place along the West Atlantic Avenue corridor, which consists of about 1% of the City's land area. The MAD DADS grass roots organization, bom in 1992, has partnered with the Community Police division to address this challenge. Multiple activities designed to foster an environment of trust and respect has had some impact. Residents have assumed an active role in combating crime, drug abuse and trafficking that are destroying the fabric of the community. Volunteers regularly participate in the organized Roving, Street and Bike Patrols and Street Vigils. The Community Police division has employed many new initiatives that are directed at the street level drug trafficking such as the new mobile station that is moved from one comer to another, stake-outs, random drag busts and the partnership with residents for activities organized by MAD DADS. Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood Many residents complain about the nuisance of "comer" and "street level" drag activity that is visible in many locations. The Police appear to be able to move the activity, only to have it reappear somewhere else. These street level drag deals involve the very young, eight (8) years old up to the mature adult. The children are often used to lure the police away while the young adult makes the sale. Families continue to suffer from abuse associated with their own relatives being addicted. It is not uncommon for one of the crack houses to be the homestead of the elder parent, who is suffering from being under the control of the adult child. However, this same parent will come to the rescue of this child when the police intervene. The family becomes dependent on the money being brought in from the illegal drag activity. It becomes the means for the family survival. School Drop-Out Rate: Delray Beach has one Community High School, one middle school, four elementary schools and one full service center. The Full Service Center and two of the elementary schools, Pine Grove and S.D. Spady are located in the target area. Schools have been an issue in Delray Beach since the mid-1980's when the Federal mandates for desegregation was issued. In order to achieve the desired integration of schools, bussing was implemented. It took years before the community understood the fact that even though minority students were benefiting from integration, the greater impact has shown up in students who have been bussed from their own neighborhoods into the predominate culture and into other cities. The separation of firstly, the parent and student. The burden of bussing was primarily on the shoulder of the minority student. These are the same families that had the least resources such as adequate transportation, time to participate in Parent/Teacher Associations and the like. The division of neighborhoods, causing students to compete with neighbors living across the street from them. The challenge of adjusting to an environment that in many instances appeared unfriendly, as well as the difficulties it presented for the student to participate in extracurricular activities. It is estimated that 80% of the students living in the target area are bussed out of the neighborhood. Pine Grove Elementary - located in the southwest section of the target area (SW l0th Street and 4th Avenue). This school is adjacent to the only concentrated Hispanic neighborhood in the City of Delray Beach, and since 1990, a neighborhood that has transitioned into a new "Little Haiti." Thus, 95% of the students attending the school fit into the minority status of Haitian, Hispanic or African-American. The Palm Beach County School Board approved the implementation of an Arts Magnet program two (2) years ago to attract white students. The board invested over $6 million dollars in capital improvements adding a new administration wing, new and renovated classrooms and a new state-of-the-art media center. The City in partnership with the board, purchased adjacent vacant property, constructed new ball fields, playgrounds and Neighborhood Park. They continue to straggle with the implementation of the magnet program and have had a different principal each year since 1997. The School received a grade of "D" from the Florida Department of Education for the 1998/99 school year. Student performances are documented below the average in most categories. Multiple programs are in place within this school to assist student performance. For example, the City of Delray Beach administered over $59,000 in funds received from the Department of Dekay Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood Children and Families-Alcohol, Drag Abuse and Mental Health Program Office in support of local drag abuse prevention programs designed by MAD DADS. These funds support the Excel Focus Five Program aimed at providing substance abuse prevention programming to fifth grade students attending Pine Grove. The students selected to participate are identified by their teachers as "at-risk" children who may eventually drop-out of school prior to graduation. The goal of the program is to ensure that at least 85% of the students participating will have increased knowledge of positive alternatives to drags and alcohol. The program focuses on the development of positive problem-solving skills, academic achievement and improvement of general life and self-help skills. Twenty-nine (29) students were served during the 1998/99 school year even though the program has a capacity of 24. S.D. Spady Elementary - located in the northwest section of the target area (NW l0th Avenue and Lake Ida Road). This school is one of the oldest in town, with a history of having been the first school for blacks; it was the only school for blacks when it was first built. The school is a full Montessori Magnet school today attracting approximately 750 students, with a racial mix of 45% minority and 55% white. It sits within the stable part of the black community and target area; students living within the immediate vicinity are given priority ranking for attendance. Most minority students perform below average. The school received a grade of "C" from the Florida Department of Education. The magnet has been in place since 1994, the population of the school is stable, attracting students from as far south as Boca Raton and north to Lake Worth. There is a waiting list for students whose parents would prefer the Montessori program. The verdict is still out on how well Montessori students test on both the national and state level at the end of the 5th grade. Parents have indicated that this magnet is not necessarily the best program for disadvantaged students or students not having consistent parent support and reinforcement. Delray Full Service Center - located in the southwest part of the target area (SW 12th Avenue & 4th Street). The school is the former Carver High and Carver Middle Schools. There is a lot of community pride centered around this school site. Many adults are very proud of having graduated from "Carver High School" often boasting of the level of commitment the teachers had, the successful football team, the wonderful principal and coach, Mr. C. Spencer Pompey, as well as the pride the whole black neighborhood had of their school and students. Residents readily comment on the lack of this type of interaction and pride that is missing today. Carver Middle School - was rebuilt in what the school board termed a "neutral zone," at the comer of Atlantic Avenue & Barwick Road, to improve racial balance within the school. The School Board felt it would not meet the racial mix required under their Federal law suit because white parents were very reluctant to send their children to the school because of its location within a minority neighborhood.; a neighborhood that contained visual deteriorated conditions and their fear of being victims of crime. The City formed a citizen task team to address the vacant facility, understanding the negative impact that would have. The Full Service Center idea came from this citizen group, who envisioned: a variety of social services, health services, vocation classes, job training, day care and adult education classes that would lead to persons being able to get their GED, all which would be offered during the day and evening. The Board embraced the concept and committed to renovate the facility and implement the components as specified in the final report. Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood Today the Full Service Center is home for approximately 450 alternative students coming from as far north as Lake Worth and south to the Broward County line. The students are generally categorized as "at-risk," "potential drop-out" or "dysfunctional." They are students from 1st through 12th grades that cannot function in the traditional classroom setting or that have been given in-school suspensions from their regular schools, pregnancy and a large number of behavior problems. The community has expressed its dissatisfaction with the School Board for using this facility as a "dumping ground." The Police Chief has publicly expressed his concerns with the level of crime and fights that plague the school as a result of the increase and type of alternative student assigned. The neighborhood surrounding the school has experienced increased vandalism and other petty crimes that have been directly attributed to alternative students who somehow find a way to leave the campus or just skip school altogether electing to hang out. Residents believe the facility can be saved. The School Board must agree to work honestly in partnership with the residents, the City and grass roots organizations such as MAD DADS, non-profit Community Development Corporations and now Weed & Seed to mitigate these negative conditions. The Florida Department of Education did not grade the school. Unemployment Rate: The unemployment rate is estimated at 8% in the target area, according to the 1990 census data for the census tracts that fall within the boundaries. The West Atlantic Avenue corridor considered the business/commercial district for the minority community and one block both north and south of the Avenue fall within the Redevelopment area under the Community Redevelopment Agency. The planned improvements could provide some much needed jobs for adjacent residents. Poverty Level: According to the 1990 census tract information on income and poverty status, 50% (compared to an overall 11% for the total population of the City of Delray Beach), of the individuals living in the target area were living below the poverty level. The population for the area was estimated at 7,664, of that number 85% are African-Americans and 36% (compared to 21% city-wide), of the population are 18 years old or younger. Further, 51.7% of the children living in the target area reside in single parent households. The median wage, under the 1990 census data determined average salary income per household was $28,553. Of the total estimated population, it is almost divided equally between male and females. Other detailed information related to income data is not available by block data at this time. There is information available through the Planning & Zoning Department that may be extracted for the 1990 census data relative to income. Neighborhood Potential Introduction: Despite the grim condition and formidable odds that have plagued the target area, there is strong evidence from existing efforts that demonstrate the residents are willing to step up to the plate to partner with government, non-profit agencies, the business community and other groups to revitalize the area. The City, awarded the designation in 1993, (finalist in 1998), as an "All- America City" has demonstrated its willingness to address problems and to work collaboratively Dekay Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood with multiple partners to resolve them. Many of the efforts highlighted and celebrated in the All America designation came from initiative implemented in the selected target area. In 1993, the theme for revitalizing this area was "taking back our neighborhood," recognizing and being concerned with the problems resulting from open street drug sales with the crimes and victimization that goes along with such illegal activity. Today, though not totally resolved, there is evidence that the problems have been reduced. Collaborative Partners Collaborative partners include the City of Delray Beach (with leading departments of Police and Community Improvement), MAD DADS, Inc, Delray Community Development Corporation, The Center for Technology, Enterprise and Development (TED Center), Community Redevelopment Agency (CRA), Delray Beach Housing Authority (DBHA), Delray Merchants Association, the Chamber of Commerce and the twenty-six (26) active Homeowners/Residents Associations organized and involved within the target area. The targeted Weed & Seed area was not selected solely because of the problems of open-air drug sales and use, crime and deteriorated conditions. It was selected because of the opportunities for revitalization, its available resources and the demonstrated collaboration between government, residents, non-profits and the business community. The target area has many assets and resources that have not been tapped; it has citizens who have been pro-actively involved in planning and identifying issues, presenting their concems and learning to work cooperatively with one another. Many improvements are planned or have been put in place. The community knows the weeding and seeding that needs to take place and appear to be willing to work together to create a quality living environment for all of its neighborhoods. The community has participated in three (3) visioning processes over the past ten (10) years. With the onset of multiple homeowners associations, residents are becoming educated as to how the system works and the impact of partnering with government and other organizations. Listed below are some of the indicators of prospective neighborhood revitalization at the individual, neighborhood, community, government and business levels: 1. City of Delray Beach, Community Improvement Department- responsible for the administration and coordination of Federal, State and local funds that primarily benefit low and moderate income households. All of the funds coming through this department are spent in the target area. This department also provides concentrated code enforcement employing problem-oriented techniques to resolve problems that have plagued the neighborhood for the past twenty-five years. The Community Improvement Department has focused its efforts over the past seven (7) years to further stabilize deteriorating conditions and revitalize neighborhoods throughout the CDBG target area in order to improve the overall quality of life for residents. Activities contributing to the positive turnaround of the area include the organization of and support of neighborhood associations, beautification, street improvements, investments in infrastructure, opportunities for homeownership and housing rehabilitation and crime prevention. As a result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity is being met. The Community Improvement Department made available over $2,034,000 to Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and A$~e$$rncnt Selection of the Target Neighborhood provide community-identified priority needs benefiting very low, low and moderate-income residents during the 1998-99 fiscal year. Programs currently being administered under the Community Development Division are listed below: Community Development Block $775,766 Federal Grant (CDBG) State Housing Initiatives 454,138 State Partnership (SHIP) Home Investment Partnership 54,638 Federal - Palm Beach County Program (HOME) Consortium Neighborhood Associations 150,000 Local - UDAG Repayment & Housing Assistance State Department of Children & 59,783 State - Collaboration through MAD Families/Alcohol, Drug Abuse & DADS, Inc. Mental Health Home Ownership for Persons 422,560 Federal Everywhere (HOPE 3) Federal Home Loan Bank of 21,925 Federal Atlanta Community Redevelopment 100,000 Local Agency Loan Subsidy Other initiatives contributing to the improved conditions include the construction of new homes under the Delray Beach Renaissance Program and Habitat for Humanity of South Palm Beach County. Both of these initiatives have provided the opportunity for 107 families to become new homeowners since 1994, leveraging over $4 million dollars in private mortgage money. 2. City of Delray Beach Police Department - Under the leadership of Chief Richard Overman, the department has been extremely supportive of collaborative partnerships between residents, grass root organizations, local merchant groups and other agencies that assist in effort directed at reducing crime in the target area. Community Police Officers help plan and carry out regular Roving, Street and Bike Patrols and Street Vigils in partnership with MAD DADS, Inc. Community Police Officers are volunteers in schools. They work side-by-side with residents and other volunteers on special event activities such as the annual "Paint-Up Delray" event, neighborhood clean-up campaigns, Christmas Toy Drive, feeding the homeless and many more that could be referenced. They attend on a regular basis homeowner association meetings, interact with the youth, host some of the mid-night basketball games as well as developing and implementing other structured activities designed to build trust between the police and residents. Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood 3. Men Against Destruction Defending Against Drugs and Social Disorder (MAD DADS, Inc.) of Greater Delray Beach - founded in 1992 by local residents Charles Ridley and Ben Bryant, in an ambitious effort to confront the vast array of problems contributing to the rapid deterioration of the designated target area. With little or no training, fueled by sheer determination and fiery wills, these two men embarked to uncover hidden community assets such as new community leadership - committed men and women willing to overcome widespread complacency and become the force behind neighborhood-wide transformation. Throughout the last seven (7) years, MAD DADS has achieved significant strides in three programming components: Neighborhood Stabilization, Youth Development and Family Strengthening. They have fostered critical, long-term partnerships with a broad range of community organizations, including health and human service providers, government agencies, residents and the business community. They have secured funding, growing from a budget of $56,000 in 1993 to $491,000 in 1998. This funding has come through public and private funded allocations and philanthropic donations. MAD DADS completed the southwest community plan in 1999. Armed with a residents team and core group, they have developed a 5-year vision and strategic directions documents. The expectation is that the ideas developed from these efforts will not only create a better neighborhood but more importantly, lead to neighborhood empowerment. Their greatest achievement is the 1999 approval of $6 million dollars from the Palm Beach County School Board. The board will construct a new deregulated school with wrap around services for students and their families called the "Village Academy and Village Center" planned to open August 2000 with its first 300 students. The school will assist students in the successful completion of elementary, middle and high school with a strong enough foundation to enhance their chances of a college education. There is great potential for this grass roots non-profit agency to continue to make a difference. 4. The Center for Technology, Enterprise & Development (TED Center) and the Delray Beach Community Development Corporation (Delray CDC) - are two non-profit Community Development both of which have dedicated and focused their efforts to the revitalization of the selected target area. The TED Center offers a business incubation program that has been successful in assisting minority business owners to complete business plans, secure necessary business loans and start-up new business. It is designed to provide a nuturing environment for small businesses. The main components of the Program are Office, Technical, and Business support in the form of education, training and counseling. The Palm Beach County Economic Development Office funds the Center. Annual goals regarding the number of businesses assisted and the number of jobs created, allow continued County funding of this non-profit. Over the past year, 148 businesses were assisted through the start-up process. Of this total, 43% were actively doing business in Palm Beach County. Three businesses have secured loans to facilitate opening their new business before the end of the year. TED Center, like the Delray CDC, are partners in the Delray Beach Renaissance Affordable Housing program. Both CDC's have had impressive experiences in providing new homeownership opportunities. Delray Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood The Delray Beach Renaissance Affordable Housing program completed its fourth year of an extended agreement. The program has proven over the years to be an effective collaboration of housing organizations working in tandem to increase the availability of affordable housing units throughout the City of Delray Beach. The delivery system was acknowledged by the Department of Housing & Urban Development and given a "Best Practice" award in 1997. Approximately 75% of the 107 new homes constructed over the past four (4) years were built in the selected target area. The Renaissance Partnership and delivery system was recognized and touted by the State Department of Community Affairs as an example of "excellent collaboration between the public and private sector and cooperation between government and non-profits." Other participating partners include the City's Community Redevelopment Agency (CRA), the Delray Beach Housing Authority, Palm Beach County Banking Consortium and the City of Delray Beach. We believe this is collaborative partnership is consistent with the policies and goals that come from the elected officials. 5. Community Redevelopment Agency (CRA) - has the primary responsibility for implementing the activities identified in the West Atlantic Avenue Redevelopment Plan. The CRA is an active partner in the Delray Renaissance Program and has contributed over $100,000 annually over the past four- (4) years for down payment assistance and gap funding to facilitate homeownership opportunities. Additionally, the agency has had an aggressive lot acquisition program that has provided most of the lots where new homes have been built. The CRA has actively supported the preservation of African-American heritage, leading the efforts that created the West Settlers Historic District, located within the target area. The agency is responsible for redevelopment of the West Atlantic Avenue Corridor that is the central business core of the target area. The adopted plan provides the framework for the future development of the corridor between 1-95 and Swinton, plus one block north and south of W. Atlantic Avenue. The plan calls for gradual redevelopment with an emphasis on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian-friendly commercial area along Atlantic Avenue with a mix of residential, commercial and civic functions. This development is designed to take place with a minimum of displacements of residents. The CRA has completed the assembly of acreage between the 300 & 400 blocks fronting West Atlantic Avenue. This land will be offered by a Request for Proposal to potential developers in November 1999. It is expected that this will be the first substantial private investment to come on line, which should pave the way for new investments. Additionally, the agency will be using Federal ICTEA grant dollars with their local match to enhance the landscaping and street lights over the next three years. We anticipate new jobs and business opportunities being available for residents living within the target area. The development of the plan involved many residents, grass root organizations, business owners and the local government staff. The overall vision is "a gateway to employment opportunities, a safe, clean, well-landscaped environment and a thriving historical and cultural area. West Atlantic Avenue is a beautifully landscaped strip with a combination of business and residential development. It encourages pedestrian traffic, provides entertainment and parks for children, with businesses that supports both the immediate residents needs and the City of Delray Beach. The plan addresses land uses of all types including housing. Delray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Selection of the Target Neighborhood 6. Homeowners/Residents ~4ssociations - The City provides general revenue dollars annually to support the Neighborhood Organization Program. The program provides for a full-time employee responsible for the coordination and development of existing and new neighborhoods, community and homeowner associations throughout the city. There are twenty-six (26) organized associations within the designated target area. This networking/coordination function, carried out in partnership with MAD DADS, Inc., has proven highly beneficial to the City and our residents. Staff of Community Improvement and MAD DADS work to establish new associations during the year and build the capacity of existing groups. Neighborhood initiatives directed at mitigating declining conditions are implemented in collaboration with residents from participating associations. Initiatives currently in place are listed below: Annual "Paint-Up Delray" Program Adopt-A-Street Program Adopt-A-Tree Program Neighborhood Competitive Grant Award Program Neighborhood Clean-Up Campaigns Community Garden Annual Multi-Cultural Festival Cinco De Mayo Festival 7. Community Justice Pilot Project - In July of 1998, Dr. Todd Clear of Florida State University, School of Criminology and Criminal Justice, approached the Palm Beach County Criminal Justice Commission (CJC) about the potential of the Delray Beach CDBG area (most of the targeted site) being included as one of several pilot Community Justice Project sites he and his partners were establishing across the country. Dr. Clear is partnering with the Center for Altemative Sentencing and Employment Services (CASES) through a grant project from the Open Society Institute. Community Justice addresses public safety priorities within a context of long-term community improvement. It has four principles: share decision making between criminal justice professionals and community leaders; coordinate cross-agency criminal justice responses to community priorities; merge criminal justice investments and community resources locally; and view offenders as untapped community assets. Delray Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resource and Needs Assessments NEIGHBORHOOD SELECTION AND ASSESSMENT RESOURCE AND NEEDS ASSESSMENTS Introduction The Steering Committee, in cooperation with City staff and community leaders, obtained a comprehensive needs assessment of the proposed designated site to include indicators of poverty, crime, drug abuse, alcohol abuse, victimization, housing (homeownership and existing conditions), education (including school drop-out rate and student performances), employment, transportation needs, signs of economic deterioration and the capacity of the community to collaborate. Weed & Seed staff conducted interviews to solicit information and feedback with: local residents, law enforcement, CDC directors, City staff from the departments of Community Improvement, Police, Planning & Zoning, Fire and Parks & Recreation. Additionally, they interviewed presidents of Neighborhood Associations, church pastors, school officials, business owners, Criminal Justice Commission staff and other Criminal Justice professionals. Information was obtained from numerous sources: the 1990 Census and data contained from the Planning & Zoning Department within the City of Delray Beach, the Community Improvement and Police Departments of the City of Delray Beach, local CDC's, the Delray Beach Housing Authority, MAD DADS, Inc., Palm Beach County School Board and the Defray Beach Chamber of Commerce. Results of Needs Assessment The target area includes census tracts 67, 68.01 and 68.02. It is considered one of the most economically depressed crime-ridden areas in the City of Delray Beach. The City has experienced a tremendous amount of success over the past decade in revitalizing its downtown corridor, preserving its history and attracting new businesses. The City has had two (2) Visioning processes (2000 & 2005) that are the driving force behind the efforts and direction taken since 1990. Both plans acknowledge that the needs and desired standards and quality living environment are absent in these census tracts. Although much has been done to improve the quality of life in residential neighborhoods, the "center or historic black community" has lagged behind in this progress. Community leaders recently have come forward stating that the black community has not received its fair share of the renaissance movement. They acknowledge, however, that there has been some progress, naming specifically the construction of new homes throughout the target area, the investment in existing homes, improvements to Pompey and Men'itt Parks and the NW drainage improvements. During the planning process for the Southwest section of the designated target area conducted by MAD DADS over the last 18 months, participating residents identified a magnitude of crime, social issues and physical conditions that gives rise to the state of depression and instability of the community. Participants consider a myriad of issues confronting their community. The ambitious attempt to involve all factions of the community in the development of the comprehensive plan, which they entitled, "Breaking the Cycle of Poverty for Children: A Twenty Year Vision." The plan identified what residents would like to see in place within the next five years, the underlying contradictions and strategic directions to be taken. A copy of the plan is included as a part of this submittal. Dekay Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resource and Needs Assessments Overall, there are several areas of concern raised during this planning process that will serve to document the needs of the area for the purpose of the Weed & Seed designation: (1) Continued efforts to facilitate and preserve an adequate affordable housing stock, (2) A community desire to gain support for "zero" tolerance of all illegal drag sales and uses, with a goal to eliminate associated crimes, (3) Pro-active involvement in all decisions made regarding schools in our community, (4) Creation of jobs and minority economic develop opportunities, (5) The provision for decent, safe and standard infrastructure throughout the target area, (6) A voice and a vote on issues affecting quality of life issues within the target area, (7) Enhancement of the image and overall communications between this area and the rest of the City. The City's efforts over the last ten years have yielded many positive changes. The designated target area continues to lag behind this progress requiring a deliberate comprehensive collaboration of resources and support of the entire community to address declining conditions. The City and its partners are prepared to work collaboratively with Weed & Seed to continue revitalization efforts. It is believed that the targeting and strategic planning of our combined efforts will yield desired results. The Community Improvement and Police Departments continually strive to create and implement new programs, working with various non-profit groups, grass root organizations and the business community, all supported by our elected officials. The following table summarizes the needs assessment of and the resources available in the proposed target area: Illegal Drug Activity - Street Adopt a "Zero" tolerance for all drug Delray Beach Police Sales andUse sales, including illegal trafficking, Department street sales, and associated crimes Criminal Activity associated MAD DADS, Inc. with illegal drag activity U.S. Bureau of Alcohol, Tobacco and Firearms Palm Beach County Sheriff's Office States Attorney Office Public Defender's Office Florida Department of Law Enforcement Dekay Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resource and Needs Assessments U.S. Immigration and Naturalization Services Haitian Chamber of Commerce Federal Bureau of Investigations U.S. Drug Enf. Adm. Coordinated and Enhanced Roving, Delray Beach Police Bike and Street Vigils Department MAD DADS, Inc. Homeowners Assoc.'s Victim Services Counseling Palm Beach County Victim Services Ministerial Alliances Drug and Crime prevention MAD DADS, Inc. Delray Police Dept. Florid Dept. Children Services Local CDC's Cities In Schools Prog. D.A.R.E. Program Rehabilitation/Training of Repeat Public Defender's Offenders and drug abusers Office, Alternative Program Division Florida Department of Corrections Palm Beach County Sheriff Office Substance Abuse Awareness Program South County Drug Dekay Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resource and Needs Assessments Abuse Foundation MAD DADS, Inc. Better Jobs and Employment Job Training and Placement TED Center, Inc. Opportunities Economic Development Opportunity Palm Beach County for minorities School Board/ Delray Full Service Center Delray CRA City of Delray Beach Deteriorated, unsafe housing, Affordable Housing (owner occupied City of Delray Beach conditions, lack of paved and rental) Opportunities Planning & Zoning streets, sidewalks and other Community Imp. infrastructure improvements Improved infrastructure - having all streets paved and maintained at TED Center desired standards Delray CDC Master Plan for sidewalks throughout the area Delray CRA Delray Beach Housing Authority Poor performing students; Smaller Class sizes; support for Palm Beach County students bussed outside of student attendance to neighborhood School Board City; high drop-out rate; schools, tutorial assistance, percentage of students preventative services & programs. City of Delray Beach graduating from high schools MAD DADS, Inc. Elected Officials United Way of PB Cty. CLASS ofPB Cty. Center for Creative Education The Pew Foundation MacArthur Foundation S. FL Annenberg Challenge Grant Delra¥ B~tqh, Florida EOWS FY2000 Solicitation Neighborhood Selection and A~essment Resource and Needs Assessments Private Philanthrohopy Poor Communication, no Enhanced communication options, Homeowners Assoc. voice on issues, lack of voter aggressive program to educate turnout residents on voter registration and the Elected Officials privilege of voting Community Increased Community Pride Improvement Dept. MAD DADS, Inc. Police Department Delray Voter's League Urban League, So. Cty Not enough residents getting Creative methods to encourage MAD DADS, Inc. involved residents involvement Community More resident Volunteers Improvement Dept. Residents D¢lray Beach, Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resident Input NEIGHBORHOOD SELECTION AND ASSESSMENT RESIDENT INPUT Introduction Citizen participation played a critical part in all planning of this Weed and Seed Program. The Steering Committee selected the a part of the established CDBG target area because of the collaboration between government, grass root organizations and the business community already in place. This collaboration has created an excellent citizen participation process that is effective and easily assessed. Grass Roots Participants There are several grass root organizations established in the targeted area, which served as a catalyst for gaining resident input for the Weed and Seed Plan. They are: MAD DADS, Inc., the Delray Beach Community Development Corporation, TED Center Community Development Corporation, twenty-six (26) neighborhood associations, Southwest Area President's Council, Delray Merchants Association, and the MAD DADS Youth Advisory Council. Both of the CDC's are well established with volunteer advisory boards from the community and meet monthly to transact normal business matters. They are networked through a global homeowners association made up of all of the families who have acquired homes through their effort. Their combined group consists of approximately 130 members with one annual meeting. The CDC's communicate regularly by mail. Southwest President's Council The City's Department of Community Improvement staff, Community Police Officers and MAD DADS support the neighborhood associations at their regular meetings. These associations establish their own meeting schedules, some monthly, bi-monthly, quarterly and under special called meetings. The City puts out a monthly calendar of all scheduled meetings as general information to the City Commission, City Manager and other interested parties. The concept of the Weed and Seed Program was presented through the associations, the decision to support the designation came from a meeting of the Southwest Presidents Council that host quarterly meeting for all association president councils. Sixteen associations were represented at that meeting. City of Delray Beach Community Improvement Department - Meetings In addition, the Community Improvement Department hosts area-wide meetings to various neighborhoods throughout the town every other month. The northwest section of the targeted area was privileged to its meeting in August, staff presented the Weed and Seed Program at that time. Eighty-two residents were present. Residents at this meeting also identified issues and concerns, they are summarized as follows: · Illegal drag traffic - both street sales and persons coming into the neighborhood to buy drugs - children being used to help sale drugs. · Crimes resulting fi'om drug additions · Deteriorated streets, lack of attention to in the past from the City on infrastructure needs. · Drainage problems, flooding in hard rains · Youth groups hanging out and being a nuisance to the elderly homeowners. Delray Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resident Input · Code enforcement activities - perception that they are singled out unfairly and cited more often than other residents living in other areas of the town. · Lack of adequate recreation facilities - requested additional tennis courts at Pompey Park. · Lack of involvement of minorities on City Advisory boards. Community Development Block Grant - Citizen Participation The City, under the Community Development Block Grant program, holds two Citizen Participation needs assessment meetings annually, in compliance with Federal regulations. One of the meetings is held at Pompey Park, where a very strong effort is made to get residents to attend. This process brings out an average of 52 residents, who arc educated on the Block Grants and other funds received that could benefit the area. Residents are given the opportunity to voice their opinion on the proposed use of funds as well as matters that need to be addressed. This year the residents strongly suggested that new sidewalks were critical to providing safe pedestrian access for children and elderly citizens who walk a lot. They asked that the City continue rehabilitating homes, facilitating new homeowncrship opportunities and also expressed concerns with the condition of certain roads within the black neighborhoods. The second public meeting is in the form of a Public Heating before the City Commission. Neighborhood association presidents or their representative, attend these meetings to ensure the elected officials support the proposed use of funds and are given a report on their comments from the first meeting. Staff presents this information, the public is allowed to speak and the Commission votes on the final budget that is sent on to the Department of Housing and Urban Development. Comprehensive Plan Most effective citizen involvement for the targeted area though was the participation of residents in the Comprehensive Plan for the Southwest Area, headed and coordinated by the MAD DADS organization. Participants met weekly over a fourteen-month timeframe discussing issues and concerns, ultimately adopting a 5-year plan that has already begun to have components come into fruition. The process involved over 80 residents representing the diverse cultures throughout this part of town. It is important to note that youth were a part of the process too. The plan put forth several issues and concluded with the following things they did not like, needs and concerns: · Drugs · Schools in the neighborhood - but children being bussed out · Gangs · Full Service Center never renovated, poor use of space, under utilized space, lots of broken promises from the School Board · Young men hanging out, doing nothing during the day (unemployment) · No place for the youth to go - yet empty buildings · Kids hanging out on the streets late at night · City officials tend to ignore what goes on even though they are aware · Kids have to walk to other side of town to catch bus for gifted programs · Kids are separated & labeled by schools Delray Beach. Florida EOWS FY2000 Solicitation Neighborhood Selection and Assessment Resident Input · Kids bussed to so many different schools out of town · Residents don't vote, especially young adults · Difficult to get more residents involved in projects · Not enough sidewalks - poor lighting in residential neighborhoods · Empty lots being used for commercial usage - especially warehouse · Haitian community hard to get them to show up at events - cultural differences · Haitians feel they don't have a voice · Friction among ethnic groups both children and adults · Lack of churches involvement into the community · Ice cream truck on Sunday and ripping kids off · Banks red-lining, high deposits-low loans practices · Block busting · Negative media coverage · Too many halfway & recovery houses with people from all over the country · Insurance companies red-lining practices · Would like to see less rental units and more homeowners throughout the neighborhood. A copy of the 5-year plan is attached as a part of this submission. Delray Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement WEED AND SEED STRATEGY LAW ENFORCEMENT I Problem 1: Street-level drug sales I STRATEGY Goal · To eliminate street-level drug sales within the target area. Objectives · To identify offenders and locations responsible for the defined criminal activity. · To establish a clear and increased police presence. · To institute proactive enforcement measures to eliminate drag dealers. · To foster a closer relationship with the community to facilitate more effective problem solving techniques to destroy the site's drug trade. · To build community cohesiveness and sustain maintenance capabilities. Tasks · Identify the narcotics activity pockets through citizen complaints, confidential sources and intelligence reports that shall be distributed daily to all the Weed Team Members and to the Delray Beach Police Department for computer analysis. · Target identified narcotics traffickers identified through investigations, undercover officers, confidential informants buys, and information from other law enforcement agencies. Suitable cases will be turned over to the DBPD Vice Narcotics Intelligence Unit (VIN), or the Drug Enforcement Administration (DEA) Task Force for long- term investigation. · Utilize several arrest techniques for targeting dealers/buyers, such as buy busts, reverse stings, stake-outs, video buys, decoys and search warrants used to infiltrate crack houses, confiscate firearms and stolen property and identify landlords who consistently rent to drag dealers. · Keep Field Investigation Report (FIR) Cards and other records and statistics that aid in targeting specific narcotics dealers/buyers. · Make every effort to ensure that criminal civil assets are forfeited when possible. · Target career criminals through the identification of arrestees who meet state and federal criteria for enhanced prosecution. · Cooperate with all other local, state and federal agencies to ensure we do not merely relocate drug activity. · Increase police presence in the targeted area through increased patrols and surveillance. · Cooperate, as part of the Delray Beach Police Department, in a Countywide Mutual Aid Program that includes all 31 municipal police departments in Palm Beach County, the Sheriff's Office and the School Police. · Work with the U.S. Attorney and the ATF to utilize the Triggerlock Program to eliminate criminals using weapons. Dekay Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Law Enforcement strategies will be carried out by the following: · West Atlantic Avenue Task Force (WAATF) which includes one (1) lieutenant, (2) sergeants, and ten (10) officers from the Delray Beach Police Department and other local, state, and federal law enforcement agencies participating in the Weed Team. · Weed and Seed Task Force · Drug Enforcement Agency · City Attorney · State Attorney's Office · U.S. Attorney's Office Resources · Weed Team · Law Enforcement Mutual Aid Agreement · DEA Task Force · Federal and state seizure and forfeiture statutes · ATF · Federal Bureau of Investigations · U.S. Marshall · I.N.S. · FDLE · Palm Beach County Sheriff's Office (PBSO) MEASUREMENT OF SUCCESS Baseline · 436 narcotic offenses in 1998 · Number of street level markets · Site accounts for 49% of the City's narcotics offenses and violent crimes · Intelligence information about known offenders and organizations operating within the target area at the inception of the program · Community surveys about perception of crime in the neighborhood and fear of crime · 69 robberies, 176 aggravated assaults and 27 sexual batteries in 1998 How you will measure · Number of arrests for drug and drug related crimes. · Number of prosecutions of drug offenders. · Number of drag defendants convicted and sentenced to correctional facilities. · Number of street level drag enterprises shut down. · Value of assets seized and forfeited as a result of narcotics arrests. Dckay Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement · Number of cases in which the community cooperated and was a significant factor in the case. · Enhanced perception by the community about the reduction of crime and fear of crime in the neighborhood. Desired outcome · Decline in street-level drug sales · Decline in drug-related crime · Increase in residents' perceptions of neighborhood safety · Longer sentences for offenders Problem 2: Crack houses I STRATEGY Goal · To eliminate crack houses operating in the targeted area. Objectives · To identify offenders and locations of the crack houses. · To establish a clear and increased police presence. · To institute proactive enforcement measures to eliminate crack houses. · To foster a closer relationship with the community to facilitate more effective problem solving techniques to identify and close down the site's crack houses. Tasks · Identify the crack houses through citizen complaints, confidential sources and intelligence reports that shall be distributed daily to all the Weed Team Members. · Target identified narcotics traffickers identified through investigations, undercover and confidential informant buys, and information from other law enforcement agencies. Suitable cases will be turned over to the DBPD Vice Narcotics Intelligence Unit (VIN), or the Drug Enforcement Administration (DEA) Task Force for long- term investigation. · Utilize several an'est techniques for targeting dealers/buyers, such as buy busts, reverse stings, stake-outs, video buys, decoys and search wan'ants used to infiltrate crack houses, confiscate firearms and stolen property and identify landlords who consistently rent to drug dealers. · Keep Field Investigation Report (FIR) Cards and other records and statistics that aid in targeting specific narcotics dealers/buyers. · Target career criminals through the identification of arrestees who meet state and federal criteria for enhanced prosecution. · Cooperate as part of the Delray Beach Police Department, in a Countywide Mutual Aid Program that includes all 31 municipal police departments in Palm Beach county, the Sheriff's Office and the School Police. · Increase the police presence in the targeted area through increased patrols and surveillance. Delray Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement · Work with the U.S. Attorney and the ATF to utilize the Triggerlock Program to eliminate criminals using weapons. · Make every effort to ensure that criminal civil assets are forfeited when possible. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Law Enforcement strategies will be carried out by the following: · West Atlantic Avenue Task Force (WAATF) which includes one (1) lieutenant, (2) sergeants, and ten (10) officers from the Delray Beach Police Department and other local, state, and federal law enforcement agencies participating in the Weed Team. · Weed and Seed Task Force · Drug Enforcement Agency · City Attorney · State Attorney's Office · U.S. Attorney's Office Resources · Weed Team · Law Enforcement Mutual Aid Agreement · DEA Task Force · Federal and state seizure and forfeiture statutes · A.T.F. · F.B.I. · U.S. Marshall · I.N.S. · FDLE · PBSO MEASUREMENT OF SUCCESS Baseline · Number of crack houses · Intelligence information about known offenders and organizations operating within the target area at the inception of the program. How you will measure · Number of crack houses shut down or destroyed within the target area. · Value of assets seized and forfeited as a result of narcotics arrests within crack houses. Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement Desired outcome · Eradication of crack houses · Decline in drug-related crime · Increase in residents' perceptions of neighborhood safety Problem 3: Drug Trafficking and Criminal Organizations STRATEGY Goal · To eradicate drug trafficking and criminal organizations operating within the area. Objectives · To identify offenders, locations, and specific organizations responsible for the defined criminal activity. · To establish a clear and increased police presence. · To institute proactive enforcement measures to eliminate narcotics trafficking enterprises. · To foster a closer relationship with the community to facilitate more effective problem solving techniques to eliminate narcotics trafficking. Tasks · Identify the narcotic activity through citizen complaints, confidential sources and intelligence reports that shall be distributed daily to all the Weed Team Members and to the Delray Beach Police Department for computer analysis. · Target narcotics traffickers identified through investigations, undercover and confidential informant buys, and information from other law enforcement agencies. Suitable cases will be turned over tot he DBPD Vice Narcotics Intelligence Unit (VIN), or the Drug Enforcement Agency (DEA) Task force for long-term investigation. · Utilize several arrest techniques for targeting dealers/buyers such as buy busts, reverse stings, stake-outs, video buys, decoys and search wan'ants used to infiltrate crack houses, confiscate firearms and stolen property and identify landlords who consistently rent to drug dealers. · Keep Field Investigation Report (FIR) Cards and other records and statistics that aid in targeting specific narcotics dealers/buyers. · Target career criminals through the identification of arrestees who meet state and federal criteria for enhanced prosecution. · Cooperate as part of the Delray Beach Police Department, in a Countywide Mutual Aid Program that includes all 31 municipal police departments in Palm Beach County, the Sheriff's Office and the School Police. · Increase police presence in the targeted area through increased patrols and surveillance. · Work with the U.S. Attorney's Office and the ATF to utilize the Triggerlock Program to eliminate criminals using weapons. · Make every effort to ensure that criminal civil assets are forfeited when possible. Dekay Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible · West Atlantic Avenue Task Force (WAATF) which includes one (1) lieutenant, (2) sergeants, and ten (10) officers from the Delray Beach Police Department and other local, state, and federal law enforcement agencies participating in the Weed Team. · Weed and Seed Task Force · Drug Enforcement Agency · City Attomey · State Attorney's Office · U.S. Attorney's Office Resources · Weed Team · Law Enforcement Mutual Aid Agreement · DEA Task Force · Federal and state seizure and forfeiture statutes · A.T.F. · U.S. Marshall · F.B.I. · I.N.S. · F.D.L.E. · PBSO MEASUREMENT OF SUCCESS Baseline · 436 narcotic offenses in 1998 · Site accounts for 49% of the narcotic offenses and violent crimes · Number of narcotics enterprises that constitute X% of the illegal narcotics trade within the target area · 69 robberies, 176 aggravated assaults, 27 sexual batteries in 1998 · Intelligence information about known offenders and organizations operating within the area. How you will measure · Number of arrests for drug and drug-related crimes. · Number of defendants convicted and sentenced to correctional facilities. · Number of prosecutions of drug offenders. · Number of street-level drug enterprises shut down. · Value of assets seized and forfeited as a result of narcotics arrests. Delray B¢~tch, Florida EOWS FY2000 Solicitation Weed and Seed Strateev Law Enforcement Desired outcome · Decrease in drag trafficking and crime organizations operating in the area · Longer sentences for offenders · Increase in residents' perceptions of neighborhood safety · Less violent crime · Less drug-related crime Problem 4: Youth Gang Activity and Associated Crime ] STRATEGY Goal · To eliminate youth gang affiliations and eliminate the crime associated with gang organizations. Objectives · To identify offenders and locations responsible for gang-related activity. · To establish a clear and increased police presence. · To institute proactive enforcement measures to remove gangs from the targeted area. · To foster a closer relationship with the community to facilitate more effective problem solving techniques to identify and locate the site's violent offenders. Tasks · Target violent and/or career criminals through the identification of arrestees who meet state and federal criteria for enhanced prosecution. · Make every effort to locate and serve fugitives who have outstanding arrest warrants in order to remove alleged offenders and/or probation/parole violators from the community. · Cooperate as part of the Delray Beach Police Department in a Countywide Mutual Aid Program that includes all 31 municipal police departments in Palm Beach County, the Sheriff's Office and the School Police. · Increase police presence in the targeted area through increased patrols and surveillance. · Work with the U.S. Attorney to utilize the Triggeflock Program to enhance the sentences of criminals using weapons · Make every effort to ensure that criminal civil assets are forfeited when possible. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible · West Atlantic Avenue Task Force (WAATF) which includes one (1) lieutenant, (2) sergeants, and ten (10) officers from the Delray Beach Police Department and other local, state, and federal law enforcement agencies participating in the Weed Team. Delr~y Beach~ Florida EOWS FY2000 Solicitation Weed and Seed Strategy Law Enforcement · Weed and Seed Task Force · Drug Enforcement Agency · City Attorney · State Attorney's Office · U.S. Attorney's Office Resources · Weed Team · Law Enforcement Mutual Aid Agreement · DEA Task Force · Federal and state seizure and forfeiture statutes · A.T.F. · U.S. Marshall · F.B.I. · I.N.S. · FDLE · PBSO MEASUREMENT OF SUCCESS Baseline · 69 robberies, 176 aggravated assaults and 27 sexual batteries in 1998 · Intelligence information about known gangs operating within the target area. · Number of gangs in the area. How you will measure · Number of arrests for gang-related activity. · Number of prosecutions of gang members. · Number of defendants convicted and sentenced to correctional facilities. Desired outcome · Eradication of gangs in the area · Less violent crime · Less gang-related crime · Increase in residents' perceptions of neighborhood safety Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing WEED AND SEED STRATEGY COMMUNITY POLICING HISTORY The City of Delray Beach initiated the first community-policing unit in 1990, which was comprised of one sergeant and four police officers. In 1994, the Delray Beach Police Department created the West Atlantic Foot Patrol, focusing the efforts of an addition ten officers in a 24 block area known as the West Atlantic Avenue Business Corridor. In 1995, the Delray Beach Police Department mandated that all sworn personnel would be trained in Problem Solving Policing. Chief Overman believed that this pro-active approach which includes problem solving and prevention is the most effective method of policing. As a result of his leadership, the Delray Beach Police Department has adopted Problem-solving Policing and Community Oriented Policing as the philosophical and operational methodology for the Department. The Department recognizes that crime fighting extends beyond responding to calls when crimes have been committed. Unemployment, inadequate housing, economically and physically distressed neighborhoods, lack of education, poor health care, hunger, lack of family support systems, and substance abuse are some of the factors that contribute to crime. To be effective Problem Solving Community Policing goals must overlap with the traditional law enforcement component; however, they are more specifically focused upon improving community-policing relations and raising the level of citizen participation in crime prevention and intervention; thereby, increasing safety and security. The Problem Solving Community Policing element will create a high-profile uniformed police presence. This phase will stabilize the neighborhood and hinder the return of criminal elements removed during the first law enforcement phase. A team of officers will establish a mobile substation that will be parked in the target area and provide high- profile police presence. From the mobile substation officers will walk and bike patrol the area. These problem solving/community police patrols, substation and services will increase police visibility and increase contacts with citizens and businesses. Problem 1: Street-level drug dealers selling drugs on street corners and out of residences. STRATEGY Goal · To reduce street-level crimes and maintain peace in the neighborhood. · To regain control of the neighborhood parks and encourage citizens (particularly women and children) to use these facilities. Delray Belach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing · To educate citizens on the role of law enforcement and the need for citizen involvement. · To implement partnerships for shared responsibilities in conjunction with law enforcement functions. Objectives · To increase the number of problem solving/community police officers and crime prevention officers working in the area. · To develop communication with residents to gain intelligence information. · To coordinate neighborhood watch programs with officers in the target area. · To eliminate crack houses by reporting intelligence information to law enforcement components, code enforcement components and surrounding homeowners. Tasks · Increase the number of problem solving/community police officers and crime prevention officers working in the area in marked units, bike patrols and walk patrols. · Mobilize the community through Neighborhood Crime Watches, marches, citizen patrols and youth outreach. · S~vrey the residents to develop a profile of the targeted neighborhoods. · Coordinate with other City Departments to implement crime prevention through environmental design projects, such as rerouting of streets to discourage drug activity and constructing traffic circles to slow down traffic. · Increasing the use of neighborhood substations within the targeted area. · Officers spend time making contact with the residents and small business owners. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Policing strategies will be carried out by the following: · Delray Beach Police Department · Neighborhood Planning & Advocacy Team (NPAT) Resources (in addition to all law enforcement resources) · Bridge Team · Neighborhood Crime Watch Groups · National Night Out · G.R.E.A.T. Program · Graffiti Eradication Program · Boyz to Men Mentoring Program · Citizen Crime Watch Program · Kids and Cops Program · Citizen Police Academy · Kids, Character! & Cops Program Dekay Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing MEASUREMENT OF SUCCESS Baseline · No business partnership that visibly combats crime · 69 robberies, 176 aggravated assaults and 27 sexual batteries, 436 narcotic offenses in 1998. · Street-level drug sales and crack houses · Under-utilized substations in the target neighborhood · Citizen police academies have been poorly populated by the residents in the target area. · Neighborhood survey at the inception of the program and six months after commencement. How you will measure · Number of arrests for drug and drug-related crimes, violent offenders, and arrests for gang related activity. · Number of defendants convicted and sentenced to correctional facilities. · Number of prosecutions of drug and violent offenders. · Number of crack houses shut down or destroyed within the target area. · Number of street-level drug enterprises shut down. · Value of assets seized and forfeited as a result of narcotics arrests. · Number of cases in which the community cooperated and was a significant factor in the case. · Enhanced perception by the community about the reduction of crime and fear of crime in the neighborhood. · Number of crime prevention through environmental design projects such as improved lighting to increase public safety and deter drug sales. · Number of community activities in the parks. · Level of resident participation in crime watch groups, citizens on patrol, and the Kids and Cops. · Number of COP patrols · Number of COP Street patrols (foot and bike). Desired outcome · Decrease in street-level drug sales · Decrease in drug-related crimes · Increase in resident partnership with community police officers · Greater mobilization of residents · Increase in residents' perceptions of neighborhood safety · Increase in resident trust of law enforcement Delmy Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing Problem 2: High crime activity and neighborhood deterioration creates residents' fears and makes the area undesirable for new business development. STRATEGY Goal · To increase citizens' perceptions of safety which will decrease citizen's fear of victimization · To reduce street-level crimes and maintain peace in the neighborhood. · To regain control of the neighborhood parks and encourage citizens (particularly women and children) to use these facilities. · To improve community perception that law enforcement is present and effective. · To implement partnerships for shared responsibilities in conjunction with law enforcement functions. Objectives · To increase the number of problem solving/community police officers and crime prevention officers working in the area. · To increase resident accessibility to police and create a partnership with the neighborhood residents. · To identify specific neighborhood concerns and gain commitment of residents and business leaders willing to actively participate in reclaiming control of the targeted area. · To develop communication with residents to gain intelligence information. · To provide assistance to residents who are victims or who have fear of becoming victims · To coordinate neighborhood watch programs with officers in the target area. · To provide security at the Safe haven · To increase public safety awareness though National Night Out and the Citizens Police Academy. · To provide police assistance in the development of new Crime Watch Groups and encourage resident participation in the Citizens on Patrol Program. · To improve community relations with residents through problem solving/community police sponsorship and participation in neighborhood event activities, meetings, and recreation programs for youth. Tasks · Increase the number of problem solving/community police officers and crime prevention officers working in the area in marked units, bike patrols and walk patrols. · Mobilize the community through Neighborhood Crime Watches, marches, citizen patrols and youth outreach. · Attend local meetings in order to become more involved in the needs and concerns of the residents. · Survey the residents to develop a profile of the targeted neighborhoods. Delray Be0ch, Florid.a. EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing · Coordinate with other City Departments to implement crime prevention through environmental design projects, such as rerouting of streets to discourage drug activity and constructing traffic circles to slow down traffic. · Increasing the use of neighborhood substations within the targeted area. · Officers attend a variety of community functions on a routine basis, such as neighborhood clean-ups, annual festivals, and community meetings. · Officers spend time making contact with the residents and small business owners. · Act as role models for area youth during regular working hours, and participating in youth and adult activities as much as possible. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Policing strategies will be carried out by the following: · Delray Beach Police Department · NPAT Resources (in addition to all Law Enforcement resources) · Bridge Team · Site residents · Neighborhood Crime Watch Groups · National Night Out · G.R.E.A.T. Program · Graffiti Eradication Program · Boyz to Men Mentoring Program · Citizen Crime Watch Program · Kids and Cops Program · Citizen Police Academy · Kids, Character! & Cops Program MEASUREMENT OF SUCCESS Baseline · 69 robberies, 176 aggravated assaults and 27 sexual batteries, 436 narcotic offenses in 1998. · Under-utilized substations in the target neighborhood · Neighborhood survey at the inception of the program and six months after commencement. · Excessive calls for police service regarding nuisance complaints · In ordinate number of rental properties that are in unsafe and structural condition is below acceptable living standard. Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing HOW you will measure · Number of arrests for drag and drug-related crimes, violent offenders, and arrests for gang related activity. · Number of defendants convicted and sentenced to correctional facilities. · Number of prosecutions of drug and violent offenders. · Number of crack houses shut down or destroyed within the target area. · Number of street-level drug enterprises shut down. · Value of assets seized and forfeited as a result of narcotics arrests. · Number of cases in which the community cooperated and was a significant factor in the case. · Enhanced perception by the community about the reduction of crime and fear of crime in the neighborhood. · Number of illegal dumping cited, derelict vehicles identified and red-tagged, abandoned buildings identified and rehabilitated or destroyed with the cooperation of code enforcement. · Number of neighborhood cleanup projects, number of residents/people participating · Number of community meetings attended and held by community police · Number of crime prevention through environmental design projects such as improved lighting to increase public safety and deter drag sales. · Number of community activities in the parks. · Number of security surveys requested and performed by problem solving/community police · Number of residents from the target area who participate in the National Night Out · Number of COP patrols · Number of COP Street patrols (foot and bike). Desired outcome · Decrease in crime · Cleaner neighborhood · More resident outdoor activities · New businesses coming into the area · Stronger business partnership with community police officers Problem 3: Lack of community defense mechanisms and ability to institute sustainable change. STRATEGY Goal · To reduce street-level crimes and maintain peace in the neighborhood. · To regain control of the neighborhood parks and encourage citizens (particularly women and children) to use these facilities. · To improve community perception that law enforcement is present and effective. · To educate citizens on the role of law enforcement and the need for citizen involvement. Delray Beach, Florida EOWS FY2000 Solicitation Weed and S¢¢d Strategy Community Policing · To implement partnerships for shared responsibilities in conjunction with law enforcement functions. Objectives · To increase the number of problem solving/community police officers and crime prevention officers working in the area. · To increase resident accessibility to police and create a partnership with the neighborhood residents. · To identify specific neighborhood concerns and gain commitment of residents and business leaders willing to actively participate in reclaiming control of the targeted area. · To develop communication with residents to gain intelligence information. · To coordinate neighborhood watch programs with officers in the target area. · To provide police assistance in the development of new Crime Watch Groups and encourage resident participation in the Citizens on Patrol Program. · To improve community relations with residents through problem solving/community police sponsorship and participation in neighborhood event activities, meetings, and recreation programs for youth. Tasks · Increase the number of problem solving/community police officers and crime prevention officers working in the area in marked units, bike patrols and walk patrols. · Mobilize the community through Neighborhood Crime Watches, marches, citizen patrols and youth outreach. · Attend local meetings in order to become more involved in the needs and concerns of the residents. · Coordinate with other City Departments to implement crime prevention through environmental design projects, such as rerouting of streets to discourage drug activity and constructing traffic circles to slow down traffic. · Increasing the use of neighborhood substations within the targeted area. · Officers attend a variety of community functions on a routine basis, such as neighborhood clean-ups, annual festivals, and community meetings. · Officers spend time making contact with the residents and small business owners. · Act as role models for area youth during regular working hours, and participating in youth and adult activities as much as possible. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Policing strategies will be carried out by the following: · Delray Beach Police Department · NPAT D¢lray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strateev Community Policing Resources (in addition to all Law Enforcement resources) · Bridge Team · Site residents · Neighborhood Crime Watch Groups · National Night Out · G.R.E.A.T. Program · Graffiti Eradication Program · Boyz to Men Mentoring Program · Citizen Crime Watch Program · Kids and Cops Program · Citizen Police Academy · Kids, Character! & Cops Program MEASUREMENT OF SUCCESS Baseline · No business partnership that visibly combats crime · 69 robberies, 176 aggravated assaults and 27 sexual batteries, 436 narcotic offenses in 1998. · Citizen police academies have been poorly populated by the residents in the target area. · Neighborhood survey at the inception of the program and six months after commencement. · Approximately 17 homeowner associations · Excessive calls for police service regarding nuisance complaints · Lack of structured leisure time activities for youth · Low income families unable to pay for summer recreation · In ordinate number of rental properties that are in unsafe and structural condition is below acceptable living standard. How you will measure · Number of arrests for drug and drug-related crimes, violent offenders, and arrests for gang related activity. · Number of defendants convicted and sentenced to correctional facilities. · Number of prosecutions of drug and violent offenders. · Number of cases in which the community cooperated and was a significant factor in the case. · Enhanced perception by the community about the reduction of crime and fear of crime in the neighborhood. · Number of illegal dumping cited, derelict vehicles identified and red-tagged, abandoned buildings identified and rehabilitated or destroyed with the cooperation of code enforcement. · Number of neighborhood cleanup projects, number of residents/people participating · Number of security surveys requested and performed by problem solving/community police Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Policing · Level of resident participation in crime watch groups, citizens on patrol, and the Kids and Cops. · Number of residents from the target area who participate in the citizen police academy. · Number of residents from the target area who participate in the National Night Out · Number of residents from the target area who attend the annual volunteer banquet · Number of residents from the target area who participate in the Combat Auto Theft Program · Number of youth from the target area participating in the G.R.EA.T. classes · Number of COP patrols · Number of COP Street patrols (foot and bike). Desired outcome · Greater resident involvement and partnership with police officers · Organized and active neighborhood associations and crime watch groups · Increase in outdoor community activities · Greater levels of resident trust of police · Increase in residents' perceptions of neighborhood safety Delray Beach~ Flori~la EOWS FY2000 Solicitation Weed and Seed Strategy Prevention, Intervention and Treatment WEED AND SEED STRATEGY PREVENTION, INTERVENTION AND TREATMENT Problem 1: High disciplinary, truancy and drop out rates for minority students Problem 2: Insufficient affordable afterschool activities for youth Problem 3: Heightened need for and lack of access to health and human services Problem 4: Lack of employment training and education for adults and youth Problem 5: High rate of single parent families and teenage pregnancies STRATEGY Goal · To develop and establish Safe Havens throughout the targeted neighborhoods. · To develop a comprehensive strategy that will stabilize the residential neighborhood. · To provide affordable health and human services directly within the community. Objectives: · To increase the availability of resources and funding to implement desired programs · To provide affordable health care with mobile services · To develop plans for a Senior Center · To develop plans for a major community hospital or healthcare facility · To educate residents on disease prevention, control and treatment · To address victim concerns/issues · To reduce the incidence of drug and alcohol abuse · To prevent teen pregnancy · To reduce truancy, disciplinary and drop out rates · To reduce the level of delinquency and crime · To provide positive role models for area youth · To provide healthy activities for neighborhood youth during non-school hours and summer months. · To provide affordable after school activities for neighborhood residents · To develop counseling services, case management services and tutorial support for students with disciplinary problems, high incidence of truancy and at risk for dropping out of school. · To develop a career plan for all high school students · To develop a re-entry program for youth who have been in jail · To develop a tutorial program for students at risk for school drop out and/or failure · To provide vocational training · To provide residents with a computer lab · To develop an alliance of businesses to train and employ students · To provide GED and other job readiness training Delray Beoch. Florida EOWS FY2000 Solicitation Weed and Seed Strate~v Prevention, Intervention and Treatment Tasks: · Establish additional Strategic Task Teams (STT) in parmership with homeowner associations. The Seed Team shall be responsible for assisting the STT with securing additional resources that may include access to appropriate Criminal Justice systems, job training programs, rehabilitation of repeat offenders, youth detention and prevention programs. · Hire personnel to staffthe Safe Haven · Recruit volunteers to aid in the operations of the Safe Haven · Coordinate on-site service delivery with service providers · Encourage use of on-site medical and substance abuse treatment and counseling services at the Safe haven · Involve residents in the planning and implementation of the programs. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Prevention, Intervention and Treatment strategies will be carded out by the following: · City of Delray Beach (Community Improvement Department and Police Department) · Neighborhood Planning & Advocacy Team (NPAT) Resources · Seed Policy Board · Site residents · City of Delray Beach Community Improvement Department, Police Department, Park & Recreation, Fire and Environmental Services · MAD DADS, Inc · TED Center · Delray CDC · Delray Beach Housing Authority · Community Redevelopment Agency · Presidents Council · Delray Merchants Association · Chamber of Commerce · The 26 homeowner associations located within the target area. · U.S. Bureau of Alcohol, Tobacco and Firearms (ATF) · Palm Beach County Sheriff's Office (PBSO) · State Attorney's Office (SAO), 15th Judicial Circuit · U.S. Attorney's Office (USAO) · Public Defender's Office (PDO), 15th Judicial Circuit · Florida Department of Law Enforcement (FDLE) · U.S. Immigration and Naturalization Services (INS) · Federal Bureau of Investigation (FBI) · Drug Enforcement Agency (DEA) · Haitian Chamber of Commerce Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Prevention, Intervention and Treatment · Palm Beach County Victims Services · Public Defender's Office - Alternative Program Division · Florida Department of Corrections · Substance Abuse Awareness Program · South County Drug Abuse Foundation · Palm Beach County School Board · United Way of Palm Beach County · CLASS of Palm Beach County · Center for Creative Education · Elected Officials · The Pew Foundation · MacArthur Foundation · S. Florida Annenberg Challenge Grant · Private Philanthropy · Delray Voter's League · Youth Council · Urban League, South County MEASUREMENT OF SUCCESS Baselines: · Student truancy and drop out rates for school year 1998/99 · Florida Department of Education Grading of schools within the area for current school year · Number of minority students suspended for three (3) days or more from school past 2 years · Number of programs available to help students stay in school and graduate · Number of participants in such programs · Number of graduates for school year 1998/99 · Unemployment rate · Number of residents with a high school diploma or GED · Number of single parent households · Number of teenage pregnancies · Number of activities available after school · Number of health and human services available in the neighborhood How you will measure · Number of students suspended during the school year · A grade of "C" or better from the Florida Department of Education for all schools within the planning area · Increase in drop out prevention programming · Increase in student participation in drop out prevention programming · Number of students who drop out during school year 99/00 · Number of graduates for school year 99/00 · Decrease in unemployment · Increase in GEDs and high school diplomas · Decrease in teenage pregnancies · Increase in activities available after school · Increase in health and human services offered within the neighborhood D~lr~y B~ach, Florida EOWS FY2000 Solicitation Weed and Seed Strateev Prevention, Intervention and Treatment · Less truancy, disciplinary problems · Better grades, better school attendance · Less crime Desired outcome · Increase the availability of resources and funding to implement desired programs · Decrease truancy, disciplinary problems and school drop out · Increase students' academic successes · Residents increase community activities leading to greater cohesion and mobilization · Increase in resident's access to physical and mental health services · Better trained youth · Employment of youth and resident adults in good paying jobs · Decrease in disease Delray Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Safe Haven SAFE HAVEN # 1 -DELRAY FULL SERVICE CENTER- In selecting a Safe Haven site for the Delray site, the collaborative partners immediately recommended the Delray Beach Full Service Center (Center). The Center would make an ideal Safe Haven for the residents of the targeted neighborhood. It is a multi-service center where a variety of youth and adult services are coordinated in a highly visible, accessible facility that is secure against crime and illegal drug activity. It is a place where youth and other residents currently access needed services, develop relationships, find opportunities to be productive and successful and enhance skills. Center staff and local residents have develop programs and services to ameliorate neighborhood problems through prevention, intervention and treatment activities. The Delray Full Service Center lies in the heart of the Delray site and is operated by the Palm Beach County School Board. As its name implies, the Full Service Center provides an impressive list of services, programs and providers all of which can be accessed on the campus grounds. Principal, Jay Alligood, leads the Center with a mission of continual improvement and program evaluation in order to provide the most effective tools and practices for its students and staff. Center Staff The Center has trained paid and volunteer staff available. Administrators: Principal, Head Start Director (.5 Asst. Principal) Instructional: (2) ESE teachers, (1) ESOL teacher, (1) Family Services/Parenting, (1) Counselor (TOA), (1) Media Specialist, (13) regular teachers, (1) Head Start teacher, (18) Adult teachers - part-time. Non-instructional: (1) School Secretary III, (1) Data Processor, (1) Office Assistant, (2) Language Facilitators, (2) Behavior Intervention Associates, (1) School Police Officer, (5) Paraprofessionals, (6) Custodians, (7) Adult Education Secretary/Clerks, (1) Part-time Adult Education Bookkeeper, (27) Head Start Facility Characteristics 15 buildings 10 portables Nursery and play areas Gymnasium Newly remodeled media center New TV Production Center Extensive Local Area Computer Network Programming The Center's Programs address the needs of neighborhood residents from birth to senior citizenship and it caters to students who, without special attention and strategic programming, would drop out of school, fall behind or otherwise, be ignored by the system. Case management is closely coordinated for all family members based on their unique assessment and needs. Program selection and implementation at the Center are guided by a "risk and protective factor" approach. Risk factors have been identified, prioritized and addressed with a comprehensive Delray Beach. F10ri.d.a EOWS FY2000 Solicitation Weed and Seed Strategy Safe Haven strategy that reduces risks while enhancing protective factors that lessen the impact of being exposed to these risks. On-Campus Agencies The Center is open outside the normal school and work hours and is also open on weekends and during summer vacations. The following agencies provide on-campus, day, afternoon and evening services at the Full Service Center: Urban League Healthy Mothers/Babies Project RELLI/Transition - immigration assist. Center for Employment/Training Children's Case Management Organization City of Delray Beach Parks and Rec. Workforce Development Council MAD DADS Drug Abuse Foundation Health Care District Gift Scouts Center for Group Counseling Other Student Services Florida Atlantic University College of Nursing: health clinic and immunizations Counselor: individual and small group counseling Psychologist: testing, behavior plans, and individual/small group counseling School Police Officer: prevention programs Family Services/Agency Coordinator: individual/small group/family agency services Adult Education Coordinator: ABE, GED, ESOL testing/placement services Pregnant/Parenting Program: individual/small group support SAFE HAVEN #2 - VILLAGE CENTER- Background After conducting a twenty year community planning process that is postulated on "Breaking the Cycle of Poverty for Children: A Twenty Year Vision," MAD DADS of Greater Delray Beach, Inc. and its partners heard the collective community voice and its desire for the establishment of a community school. A comprehensive community program (to be called the "Village Center") will include a full scale academic component, the "Village Academy" that will be supplemented by a broad range of community and family services offered in partnership with other agencies that fully support each student's success, including academic enrichment; recreational and cultural extracurricular activities; physical and mental health care; nutrition; family case management, etc. Safe Haven Purposes The Village Academy planners are targeting a fall of 2000 opening date for an elementary school that serves 500 youth, a fall 2002 opening date for a middle school and a fall 2005 opening date for a high school. MAD DADS, Inc. has offered the Village Center's campus as an additional Safe Haven for site residents. Community leaders and school planners envision a school-based community center working in collaboration with school officials, offering the support necessary for all children to learn. This includes the following: Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Safe Haven An extended school day (7 A.M. - 7 P.M.) providing before and after school services for youth such as additional academic support, recreation, and cultural activities in a safe and nurturing environment. An extended school week, allowing students who need extra academic assistance an opportunity to learn on Saturdays and providing parents, guardians and families to utilize available resources during convenient weekend hours. An extended school year allowing students to continue to receive year-round academic support and enrichment to sustain the progress made during the traditional school year. Physical and mental health services would be available to the children and their families as well as nutrition programs, case management, recreation and cultural programs. Further, planners aim to coordinate public agency involvement with the Village Academy and would engage the community in productive educational and cultural activities. Dekity Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strateev Community Restoration WEED AND SEED STRATEGY COMMUNITY RESTORATION [ Problem 1: Street-level drug sales and chronic crime I STRATEGY Goal · To discourage illegal drug activity throughout the target area · Reduce thc percentage and type of criminal activity · To develop a comprehensive strategy that will stabilize the residential neighborhood · To provide a safe quality living environment for all residents Objectives: · Eliminate all illegal drug activity from the target area · Preserve and protect thc desired quality living environment · Enhance the partnerships between residents and government, collaborating ways and actions in resolving problems · Provide decent, safe and well managed rental units · Eliminate the use of private property for illegal activity Tasks: · Eliminate all identified "crack" houses through coordinated efforts of MAD DADS, code enforcement and community policing. · Establish additional Strategic Task Teams (STT) in partnership with homeowner associations. The Seed Team shall be responsible for assisting the STT with securing additional resources that may include access to appropriate Criminal Justice systems, job training programs, rehabilitation of repeat offenders, youth detention and prevention programs. · Improve community relations with residents through problem solving and City of Delray Beach sponsorship and participation in neighborhood event activities, meetings, and recreation programs for youth. · Collaborate with Code Enforcement to develop crime prevention through environmental design projects. · Increase police presence with more bike patrol. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Restoration strategies will be carried out by the following: · City of Delray Beach · Site residents Delray Beach. Florid.a. EOWS FY2000 Solicitation Weed and Seed Strateev Community Restoration Resources · Seed Policy Board · Site residents · City of Delray Beach Community Improvement Department, Police Department, Park & Recreation, Fire and Environmental Services · MAD DADS, Inc · TED Center · Delray CDC · Delray Beach Housing Authority · Community Redevelopment Agency · Presidents Council · Delray Merchants Association · Chamber of Commerce · The 26 homeowner associations located within the target area. MEASUREMENT OF SUCCESS Baselines: · Visible evidence and occurrence of illegal drug activity · Crime statistics for zones located in target area in 1998 and 1999 · Number of environmental design crime prevention strategies implemented · Number of drug-related arrests, prosecutions and convictions · Number of bike patrols active in area How you will measure · Visible change to street level drug activity - decline in the number of places illegal drug activity appear welcomed · Increase in environmental design crime prevention strategies implemented · Increase in drug-related arrests, prosecutions and convictions · Increase in bike patrols active in area Desired outcome · Implementation of two (2) new Strategic Task Teams to new areas within one year. · Demolition of three (3) "crack" housing units. · Elimination of all street level illegal drug activity to SW 12th, 13th and 14th Avenues. · City Commission adoption of new ordinance requiring all landlords to attend technical assistance training on the selection of tenants and maintaining rental property. · Increase in police visibility and interaction with residents and deterring open drug sales and drug-related crime. Problem 2: Deterioration of the neighborhood STRATEGY Goal · To preserve the residential housing stock · To improve the economic viability of the neighborhood · To develop a comprehensive strategy that will stabilize the residential neighborhood Dekay Beach, FloriO~ EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration · To provide a safe quality living environment for all residents Objectives: · Preserve and protect the desired quality living environment · Enhance the partnerships between residents and government, collaborating ways and actions in resolving problems · Facilitate affordable homeownership and rental opportunities · Provide decent, safe and well managed rental units · Provide a desired mix of shopping opportunities attractive to our diverse community · Increase the availability of resources and funding to implement desired programs · Eliminate the use of private property for illegal activity Tasks: · Improvements to existing and the construction of new infrastructure improvements including but not limited to the reconstruction of all streets rated "D" or higher by the Environmental Services Department. Development of and an annual implementation of a Master Sidewalk plan, adequate provision for resurfacing existing streets as needed annually as well as upgrading existing lights within residential areas to standard lumens. These improvements will improve the quality of life for target area residents. The Seed Team shall identity funding opportunities that could be leveraged with City funds. · Maintain and continue to support the Delray Renaissance Affordable Housing Partnership, establishing appropriate annual goals to continue the construction of new homes, include the acquisition and rehabilitation of existing housing units to assist in the stabilization of neighborhoods. · Eliminate all identified "crack" houses through coordinated efforts of MAD DADS, code enforcement and community policing. · Establish additional Strategic Task Teams (STT) in partnership with homeowner associations. The Seed Team shall be responsible for assisting the STT with securing additional resources that may include access to appropriate Criminal Justice systems, job training programs, rehabilitation of repeat offenders, youth detention and prevention programs. · Design and construct neighborhood beautification plans for streets, right-of-ways, existing parks and the like. Develop "Tot Lots" in strategic locations within residential neighborhoods. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Restoration strategies will be carried out by the following: · City of Delray Beach · Site residents Resources · Seed Policy Board Delray Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration · Site residents · City of Delray Beach Community Improvement Department, Police Department, Park & Recreation, Fire and Environmental Services · MAD DADS, Inc · TED Center · Delray CDC · Delray Beach Housing Authority · Community Redevelopment Agency · Presidents Council · Delray Merchants Association · Chamber of Commerce · The 26 homeowner associations located within the target area. MEASUREMENT OF SUCCESS Baselines: · Number of rental units meeting minimum landscape code requirements · Number of properties condemned through the City's Code Enforcement efforts · Number and type of code violations issued in fiscal year 1998/99 · The percentage of owner-occupied units in the target area · The number of new business licenses issued in 1998/99 · Total dollars awarded as incentives to business expansions or retention of businesses located within the W. Atlantic Redevelopment Area under the CRA & TED Center, 1998/99 How you will measure · A reduction in the number of vacant lots cited under the Code Enforcement process · Increase in the number of business license issued in the target area · Visible change to street level drug activity - decline in the number of places illegal drug activity appear welcomed · All roadways paved and lineal feet of new sidewalks constructed · Percentage of owner-occupied homes · Diversity of retail & grocery shopping opportunities located within the W. Atlantic Avenue Redevelopment Area · Number of new homeowners associations organized Desired outcome · Completion of annual goals established for the City's Housing Rehabilitation Program, Bootstrap and Delray Beach Renaissance Programs. · Implementation of two (2) new Strategic Task Teams to new areas within one year. · Reconstruction of all levels "D & E" roadways within the target area. · Complete the construction of new roads within the La'Paloma homeowners association boundary. · Increase thc number of neighborhood improvement volunteer projects occurring throughout the year. · Litter free streets throughout the target area. Delray Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration · City Commission adoption of new ordinance requiring all landlords to attend technical assistance training on the selection of tenants and maintaining rental property. I Problem 3: Need for economic development and job opportunities ] STRATEGY Goal · To improve thc economic viability of the neighborhood · To encourage new and sustain existing minority business opportunities · To increase the number of resident-owned businesses · To develop a comprehensive strategy that will stabilize the residential neighborhood Objectives: · Preserve and protect the desired quality living environment · Enhance thc partnerships between residents and government, collaborating ways and actions in resolving problems · Develop job training and apprenticeship programs with public and private sector employers · Increase the availability of resources and funding to implement desired job training and job readiness programs Tasks: · Increase minority-owned businesses · Develop community-owned business enterprises · Develop and organize a neighborhood owned investment organization · Establish additional Strategic Task Teams (STT) in partnership with homeowner associations. The Seed Team shall be responsible for assisting the STT with securing additional resources that may include access to appropriate Criminal Justice systems, job training programs, rehabilitation of repeat offenders, youth detention and prevention programs. IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Restoration strategies will be carried out by the following: · City of Delray Beach · Site residents Resources · Seed Policy Board · Site residents · City of Delray Beach Community Improvement Department, Police Department, Park & Recreation, Fire and Environmental Services · MAD DADS, Inc Dekay Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration · TED Center · Delray CDC · Delray Beach Housing Authority · Community Redevelopment Agency · Presidents Council · Delray Merchants Association · Chamber of Commerce · The 26 homeowner associations located within the target area. MEASUREMENT OF SUCCESS Baselines: · Number of resident owned businesses operating in target area · The percentage of owner-occupied units in the target area · Average household income · The number of new business licenses issued in 1998/99 · Total dollars awarded as incentives to business expansions or retention of businesses located within the W. Atlantic Redevelopment Area under the CRA & TED Center, 1998/99 · Number of job training programs · Number of residents placed in employment after completing job training programs How you will measure · Percentage of unemployed persons residing in the target area · Increase in average household income · Increase in the number of business license issued in the target area · Percentage of owner-occupied homes · Diversity of retail & grocery shopping opportunities located within the W. Atlantic Avenue Redevelopment Area · Number of job training programs · Number of residents who complete job training/education/apprenticeship programs and are placed in employment Desired outcome · More businesses move into the neighborhood and hire residents · Decrease in unemployment rate · Increase in household incomes · Increase in resident and community owned businesses/enterprises · Less drug-related crime Problem 4: Inconsistent resident involvement STRATEGY Goal · To encourage resident involvement in all aspects of community improvements Delray Beach. Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration Objectives: · To help residents create and influence policy · To create a community voice · Enhance the partnerships between residents and government, collaborating ways and actions in resolving problems · Communicate and collaborate with residents on a regular basis Tasks: · Create a master list of community members to act as liaisons with officials and community constituents. · Organize youth involvement in policy · Encourage existing leadership to be more responsive to community needs · Develop community report cards of banks, city and businesses, etc. · Meet with established neighborhood associations and organize new associations. · Identify specific neighborhood concerns and gain commitment of residents and business leaders willing to actively participate in reclaiming control of the targeted area. · Organize community volunteer projects in collaboration with residents. · Create a "Village Council" of ministers, non-profits and governmental leaders and community activists to develop priorities for the community. · Create a community board · Develop a collaborative to implement the community's priorities IMPLEMENTATION Timeline The timeline for these tasks is from 10/1/99 - 9/30/00. Who is Responsible The Community Restoration strategies will be carried out by the following: · City of Delray Beach · Site residents Resources · Seed Policy Board · Site residents · City of Delray Beach Community Improvement Department, Police Department, Park & Recreation, Fire and Environmental Services · MAD DADS, Inc · TED Center · Delray CDC · Delray Beach Housing Authority · Community Redevelopment Agency · Presidents Council · Delray Merchants Association · Chamber of Commerce · The 26 homeowner associations located within the target area. Dekay Beach, Florida EOWS FY2000 Solicitation Weed and Seed Strategy Community Restoration MEASUREMENT OF SUCCESS Baselines: · Level of resident involvement in community restoration planning · Level of resident involvement in community restoration volunteer projects · Number of neighborhood associations and organizations How you will measure · Increase in resident involvement in community restoration planning · Increase in resident involvement in community restoration volunteer projects · Increase in the number of neighborhood associations and organizations Desired outcome · Development of a representative community board who is active in policy development, restoration planning and implementation. · Increase the number of neighborhood improvement volunteer projects occurring throughout the year. Delray Beach. Florida EOWS FY2000 Solicitation Coordin0tion Memoranda of Agreement COORDINATION MOA COMMITMENTS Delray Beach, F1ori~la EOWS FY2000 Solicitation Coordination Linkages Coordination of Community Policing Strategy With Overall Law Enforcement Strategy The problem-solving/community policing officers will work closely with the multi- jurisdictional Weed Team in proactively searching for criminal activity, rather than simply reacting to crimes after citizens report the occurrences. Intelligence sharing will be intrinsic to the effective working relationship. Problem solving/community policing officers actively participate in drug eradication operations and search warrants. The local prosecutor's office will aggressively pursue all Weed and Seed related cases entering the courts to reinforce the problem solving/community policing activities. A prosecutor in the COMBAT Unit of the State Attorney's Office has been assigned to deal with prosecutions for narcotic and violent crimes coming from the target area. At the federal level, the U.S. Attorney's Office will aggressively pursue federal convictions and enhanced penalties for federal cases coming out of the Weed and Seed area. With Other Criminal Justice Agencies The Florida Department of Corrections Probation Service Office in Delray Beach has committed probation officers to participate in the visiting the homes of juveniles who live within the target area and are on probation or supervision. The Probation office has agreed to share intelligence information with the Weed Team regarding criminal offenders in the Weed and Seed area. The county judges and the problem solving/community policing officers will develop a plan to coordinate offenders with mandatory community service hours to perform those hours within the sites. Offenders will spend time cleaning up the site's abandoned lots and littered streets. With Seeding Component Problem solving/community policing officers will perform the following: · Work with code enforcement officers to cite illegal dumpers, remove derelict automobiles, and identify abandoned and vacant homes. · Assist and participate in the mentoring programs for the elementary and middle school youth. · Teach GREAT to the students at site schools. · Attend monthly meetings of site Crime Watch Organizations. · Participate in neighborhood trash clean up campaigns. · Provide referrals to residents to health and human service providers. Coordination of Prevention, Intervention, and Treatment Services The role of the NPAT described above ensures that the residents responsible for developing a priority list of neighborhood needs and gaps in services are communicating directly with the service providers through the meetings of both the Seed Policy Board and the Seed Task Team. Delray Beach, Florida EOWS FY2000 Solicitation Coordination Resident Participation COORDINATION RESIDENT PARTICIPATION Introduction The Palm Beach County Weed and Seed Steering Committee evaluated the program's effectiveness and its shortcomings. Based on its findings, the Committee's "new approach" to the Weed and Seed strategy relies on bottom-up participatory decision making. This bottom-up approach centers around the development of the Neighborhood Planning and Advocacy Team (NPAT) that is made up only of neighborhood residents and owners of businesses located in the target area. Residents live in these communities which dictates their role as direct observers of the problems that plague their neighborhoods. Their perceptions are unique and may be different from the perceptions of service providers, law enforcement and local government. Their opinions must be respected and consulted during Weed and Seed strategizing because without their participation and leadership, any chance for long-term program effectiveness is lost. The NPAT continually develops and prioritizes a list of community needs and collaborates with other entities to develop and coordinate the strategies to rebuild the safety and the economic viability of their neighborhood. The Partnership of Residents and Community Police Crime Watch Groups and Information Sharing The development of crime watch groups throughout the targeted area provides more arenas for information sharing and trust building between police and community residents. This will spread the theme of partnership deeper into the neighborhoods and will reach many more residents than just those that sit on the NPAT. Among other exchanges, members of crime watch groups will ' provide the community police officers intelligence information regarding the location of street level drug sales, criminal activity taking place in abandoned buildings, the location of local truant youths, etc. Crime Prevention Activities National Night Out - A program to heighten crime and drug awareness; generate support and participation in local crime fighting efforts; strengthen police and community relations; and to send a message to criminals that partnerships are being formed and organized to fight crime. G.R.E.A.T. Program - A program designed to help children set goals for themselves, resist pressures, learn how to resolve conflicts without violence, and understand how gangs and youth violence impact the quality of their lives. Additional Programming and Activities - Kids and Cops; Citizen Police Academy; Kids, Character! & Cops; banquets for volunteers; CAT (Combat Auto Theft); Security Surveys (home and business); foot and bike patrols. Resident Role In Prevention, Intervention and Treatment Bottom-up Decision Making At the heart of Prevention, Intervention and Treatment efforts is the Safe Haven. As part of their responsibilities, the NPAT must determine the risk factors alive in their community and determine what Safe Haven programming or services will combat these risks. After they have developed their list of primary risk factors and programming suggestions, the NPAT seeks the Delray Beach, Florida EOWS FY2000 Solicitation Coordination Outreach COORDINATION OUTREACH Getting People One of the main on-going activities of the Weed and Seed effort is getting more people involved. This is not easy; most people don't like the idea of being "roped into" doing community work in their spare time. But because we know that it only takes a few people committed to a single course of action to achieve amazing results, we will enlist the following strategies which will complement the activities of the Neighborhood Planning & Advocacy Board (NPAT): Invitations - Eighty percent of volunteers doing community work said they began because they were asked by a friend, a family member of a neighbor. Go to the People - Instead of trying to get people to come to us, we will go to them. We will go to the meetings of other groups, neighborhood associations, crime watch groups, and to other non-conventional places and events where people gather. This will lead us to youth groups, seniors and others who may not seek us out. Collect names - We will have sign in sheets at our meetings and events. At events organized by others, we will ask people to add their name, address, and phone number to petitions and requests-for-information. In return, we will hand out a sheet explaining the nature of the Weed and Seed strategy. Try to include those who are under-represented - To reach seniors, disable individuals, kids and other residents perhaps with a language barrier, we will engage the following strategies: Go to people in the group we are trying to reach and ask how they would like to be approached. Address their issues Think about who we know who knows someone in the group we are trying to reach; we will use our connections. Identify a group as people we want to work with not as a target group we want to bring "on side." We will treat people as people first. Organize projects that focus on kids. This will bring both kids and parents together. Do Surveys - Surveys are a good way to stay in touch, increase participation, and bring in new members. They show that our group is willing to respond to a broad base others, not just those who tend to participate in community activities. Knock and drop - Door-knocking is the oldest and best outreach method; we will enlist the services of block captains who will knock on doors to invite neighbors to attend activities and meetings; if no one is home, they will drop offa leaflet. We will also put up posters in laundries, community centers, churches and other local hang-outs. Delrlly Beach, Florida EOWS FY2000 Solicitation Coordination Outreach Generate newsletters and leaflets - Newsletters keep group members in touch. Because most neighborhood groups deliver to all residents whether members or not, a newsletter helps attract new people. Loeal newspapers - Local newspapers can also help with information sharing. Newspapers thrive on conflict but if approached in a creative way, editors may publish a short story on a neighborhood solution that worked well and touched lives. Aut0dialcr Networks - Weed and Seed Program staff will research the possibility of using an autodialer network which sends short messages to answering machines. Subscribers receive messages on topics they designate, when they are not home. The system uses a computer and database directory to digitize voice messages then send them out automatically. Operating on one line, during week days, it can deliver a 1 minute message to 5,000 people per week. Evenings and weekends, people can dial back to get further information automatically through a touch tone system. Besides being an effective local broadcasting system that guarantees message delivery, an autodialer network can also be used for neighborhood polling and elections. Delray Beaqh, F19ri~la EOWS FY2000 Solicitation TO: DAVID T. HARDEN, CITY MANAGER ~ ~' ,~,~ . FROM: SCOTT PAPE, SENIOR PLANNER/~_._~~~ SUBJECT: MEETING OF NOVEMBER 16, 1999 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH INDOOR SALES AND SERVICE OF PERSONAL WATERCRAFT FOR THE JET SKI STATION. The conditional use request is to convert the existing 1,390 square foot building to accommodate the indoor retail sales, display, storage and repair of personal watercraft and accessories. The request includes a one-bay watercraft repair component. Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At its meeting of October 18, 1999, The Planning and Zoning Board held a public hearing in conjunction with review of the request. Staff had recommended approval of the request. At the meeting were various representatives of the marine patrol, as well as adjacent and nearby residential homeowners who expressed concerns with the proposed conditional use. The specific concerns regarded the potential adverse impact on surrounding properties with respect to noise generated at the site when the watercraft are tested. Furthermore, the Rio Delray Shores H.O.A. and marine patrol indicated that the proposed use might have an adverse impact on the nearby Knowles Park and Intracoastal waterway. The applicant could not attend the meeting due to a scheduling conflict, and was represented by his business partner, who was unable to address the issues. After some discussion the Board voted 7 to 0 to recommend that the Conditional Use request be denied based on the incompatibility of the proposed use with adjacent and nearby properties with respect to noise. The item was originally scheduled to be heard by the City Commission on November 2nd. Upon learning of the P & Z Board's unanimous recommendation of denial the applicant asked for a continuance, and submitted a letter requesting that he be provided another opportunity to present his case to the Planning and Zoning Board. On November 8, 1999 the Planning and Zoning Board voted not to reconsider the item for the following reasons: 1) At the hearing they'd given the applicant's partner the opportunity to have the item continued to their November 15th meeting, and he had declined; 2) The applicant's inability to attend the October meeting himself was not due to an emergency or hardship; and 3) The Board's vote is a recommendation, and the applicant will have another opportunity to be heard at the City Commission level. I Allow the applicant to specifically address the concerns expressed at the Planning and Zoning Board hearing, and consider the conditional use request for the sales and service of personal watercraft for Jet Ski Station. Attachments: · Survey and Location Map · P&Z Staff Report and Documentation of October 18, 1999 ! i , i !!] o CHURCHILL CONDO 7TH . .,,~ ~ CURRIE S.E. 8TH BARNETT ~RI VE- THRC 5TH AVE. ~ GRILL ? SUBS S.E. 9TH I. D£LRA Y PLA CE EXECU TI VE QUARTERS CONDOS : WILSON -AVE. ~ ~ JET SKI STATION CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT --- D/Clf,4L ,~45~ MAP .~?£t,¢ -- MAP EEF: LM591 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 18, 1999 AGENDA ITEM: V.G. ITEM: Conditional Use Request to Allow the Indoor Sale and Service of Personal Watercraft for the Jet Ski Station, Located at the Southwest Corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 7th Street. GENERAL DATA: Owner ............................. Regal Land Holdings, Inc. a Florida Corporation Agent/Applicant .............. Michael Starace ' Location .... Located at the southwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 7th Street. Property Size... 0.589 Acre --~.~_~ Future Land Use Map ....General Commercial Current Zoning ................ GC (General Commercial) Adjacent Zoning .... North: AC (Automotive Commercial) East: GC South: GC West: R-1-A (Single Family Residential) i Existing Land Use ........... Vacant structure formerly occupied as window ~ __~.-.,~--__~ tint/automotive detail ',[~_: ',~ ~[~?-'-F-i~ -~° ': Proposed Land Use ........ Conditional Use Request to s.~_. .~0~ allow the sale of personal watercrafts ~ i ' Water Service ................. Existing on site. --~' ~- Sewer Service... .............. Existing on site. __~.,~--~= V.G. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for the Jet Ski Station Sales and Service of Personal Watercraft (waverunners and jet skies), pursuant to Section 2.4.5(E). The subject property is located at 710 SE 5*h Avenue, which is at the southwest corner of SE 5~h Avenue (Federal Highway) and SE 7th Street. The subject property consists of lots 16 through 19, Block 13, Osceola Park and contains approximately 0.61 acres. According to the Palm Beach County Property Appraiser records, the property was developed in 1964 as a gas station. There have been few changes to the subject property since then. In 1993, the site was subject to the citywide landscape code compliance efforts. The previous use of the property was a retail automobile parts business (ie lights, stereo and security products) known as Finish Line Custom Car. The occupational license for this use expired in September 1998. The conditional use request is to establish a sales and service facility for personal watercraft (waverunners, jet skis) for Jet Ski Station.The development proposal includes the following: ~_ [] Conversion of the existing 1,390 sq.ft, building to accommodate the retail sales, display, storage and repair of personal watercraft and accessories; [] Establish a one-bay vehicle repair component. The hours of operation will be 9:00 a.m. to 6:00 p.m., Monday through Friday, and there will be two employees. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body that has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. P & Z Board Staff Report Jet Ski Station - Conditiona, rise Request for the Sale & Service of t-ersonal Watercraft Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map and Zoning District Map designation. The proposal is to establish a facility for the sale and service of personal watercraft, which is permitted as a conditional use in the GC zone district [ref. LDR Section 4.4.9(D)(13)], provided that there is no outside display, outside storage or outside service. The applicant has indicated in his conditional use request that there will be no outside operations associated with this business. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City 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. A positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste since the impacts are the same as the previous retail use. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) .~_ Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; The Federal Highway corridor is comprised predominately of commercial uses. The immediately adjacent uses are Dixie Motor Sales to the north, a duplex to the south, the Nation's Bank/office building to the east, and single family to the west. The proposed retail sales and service facility will not have an adverse effect on the commercial properties to the north or east. Potential conflict with the adjacent residential uses is relieved given the hours of operation and the completely indoor aspect of the proposed use. There are certain code compliance issues with respect to landscape requirements that must be addressed via submittal of a site plan modification application, which is attached as a condition of approval. The specific P & Z Board Staff Report Jet Ski Station - Conditiona, Ose Request for the Sale & Service of r ersonal Watercraft Page 3 issues that must be addressed are discussed in the "Compliance With Land Development Regulations" section of this report. B. Nor that it will hinder development or redevelopment of nearby properties. The previous use of this property was Finish Line Custom Car which was a retailer of automotive parts such as lights, stereo and security products that did not include the installation. The impact on the surrounding neighborhood will be similar to the previous use. The proposed retail sales and service of personal watercraft will not hinder new development of adjacent properties as they have been previously developed. The existing duplex to the south is located in the GC zone district and is considered a nonconforming use. When this property is redeveloped, it is reasonable to assume that a conversion to a commercial operation will occur. However, in order to provide adequate buffering between the proposed use and the adjacent residential uses to the south and west, a site plan modification will be necessary. There is insufficient landscape buffer between the parking areas and these adjacent residential properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan modification submittal complying with the Land Development Regulations will be required. The following are those landscape issues that must be addressed via the site plan modification process: Off-Street Parking Regulations: Pursuant to LDR Section 4.6.9(C)(3)(a), the site must provide 4.5 parking spaces per 1,000 square feet of total building area. Given the existing floor area (1,390 square feet), the proposed use must provide seven parking spaces. While the property contains an extensive paved area, there are no designated parking spaces. The site plan modification must provide the required parking spaces in accordance with the design standards of LDR Section 4.6.9(D). The parking created by the conversion of use may require additional landscape in accordance with LDR Section 4.6.16(H), such as terminal landscape islands. Perimeter Landscape Requirements: Pursuant to LDR Section 4.6.16(H)(3)(d), a five-foot wide perimeter landscape strip is required between the parking area and abutting properties. The perimeter landscape strip along the west side of the property is required to provide a continuous hedge and one.tree for every 30 lineal feet. The required hedge is existing along this strip north of the building. However, the required hedge and trees must be installed along the entire length of the strip including the south side of the building. P & Z Board Staff Report Jet Ski Station - Conditiona~ Use Request for the Sale & Service of Personal Watercraft Page 4 With respect to the required landscape strip along the south side of the property, a continuous hedge and one tree for every 25 lineal feet is required in accordance with LDR Section 4.6.16(H)(3)(e). The decreased spacing of the required trees is due to the required buffering adjacent to residential uses. Vehicular Encroachment: Pursuant to LDR Section 4.6.16(E)(3), a type "D" concrete curb is required to protect all required landscape areas. Portions of the existing landscape areas along Federal Highway are not protected with the required curb. These areas together with any new landscape areas created by the site plan modification must include the required curb. Dumpster Enclosure: Pursuant to LDR Section 4.6.16(H)(4)(c), the dumpster enclosure location and method of screening must be provided on the proposed site plan modification. Bicycle Parking: Pursuant to Transportation Element Policy D-2.2 of the Comprehensive Plan, a bicycle rack is required for all redevelopment. The location of this bicycle rack must be noted on the site plan modification. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency The CRA will review the conditional use request at its meeting on October 14, 1999. The CRA recommendation will be presented at the meeting. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a site plan modification submittal will follow for the landscape and site improvements. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must address the concerns raised through the conditional use petition. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ~ Progressive Residents of Delray ~ Rio Del Rey Homeowners Association P & Z Board Staff Report Jet Ski Station - Condition;-, rise Request for the Sale & Service of r-ersonal Watercraft Page 5 Presidents Council Domaine Delray Harbourside [] Delray Harbour Club Silver Terrace ©sceola Park Barrton Apartments Churchill Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Jet Ski Station to allow the sales and se~ice of personal watercraft is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided the use is conducted completely within the building. I 1. Continue with direction. 2. Recommend approval of the conditional use request for the sales and se~ice of personal watercraft for Jet Ski Station based upon positive findings with respect to Chapter 3 (Pefiormance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for the sales and se~ice of personal watercra~ for Jet Ski Station based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby prope~ies. ReCommend to the City Commission approval of the conditional use request for the sales and se~ice of personal watercra~ for Jet Ski Station, based upon positive findings with respect to Chapter 3 (Pefiormance Standards) and Section 2.4.5(E)(5) P & Z Board Staff Report Jet Ski Station - Conditiona~ rise Request for the Sale & Service of t-ersonal Watercraft Page 6 (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be submitted which addresses Land Development Regulations noted in the staff report; 2. That the hours of operation for the business operation be limited to 9:00 a.m. and 6:00 p.m., Monday through Friday; 3. That there shall be no outdoor display, storage or service of personal watercraft. Attachments: I~ Survey ~1 Location Map Report prepared by: Scott Pape, Senior Planner THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING.} FROM: MICHELLE E. HOYLAND, PLANNE~ SUBJECT: MEETING OF NOVEMBER 16, 1999 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB'S) DENIAL OF A REQUEST TO WAIVE THE REQUIREMENT FOR A SIDEWALK ASSOCIATED WITH ADVANCED BUILDERS TOWNHOMES The action requested of the City Commission is that of consideration of an appeal of a waiver denied by the Site Plan Review and Appearance Board (SPRAB). The request is to waive the requirement for a sidewalk along the east and south side of the subject property within the Spanish Trail and Dogwood Drive right-of-way. The subject property consists of Lot 130, 2nd Section of Tropic Isle subdivision. The RM (Medium Density Residential) zoned property is currently vacant and contains 0.33 acres. The development proposal incorporates the following elements: Construction of a two-story 3-unit fee simple townhouse development (triplex); Each unit will have a two-car garage with a two-car concrete driveway, an optional swimming pool or spa, and a covered patio/balcony (Each unit will contain 1,986 sq.ft, under a/c, 3 bedrooms, 2% baths and a loft. Trash receptacles are to be located within the garages); [] Installation of a 6' high wood shadowbox fence along the north, south and west property lines between the proposed lots; and, [] A request for a reduction in the required parking [LDR Section 4.6.9(C)(2)(c)]; and [] A waiver to the requirement to install sidewalks along the east and south property lines within the Spanish Trail and Dogwood Drive right-of-way [LDR Section 6.1.3(B)]. Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for the sidewalks may be waived during site plan or plat approval. The applicant's waiver request stated the following: We are requesting a waiver of the requirement for a five (5) foot sidewalk along Spanish Trail and Dogwood Drive. Sidewalks are not provided elsewhere in Tropic Isles and a sidewalk here would not serve its intended purpose. City Commission Documentation Meeting of November 16, 1999 Appeal of APRAB Action - Advanced Builders Sidewalk Waiver Page 2 The sidewalk waiver was to be subject to the execution of an agreement that would require the property owner or owners to install the sidewalk if and when the City installs sidewalks along the rest of Spanish Trial and Dogwood Drive in this area. The agreement would run with the land and apply to the current and future owners and assignees. The waiver request was reviewed and supported by the City's Development Services Management Group (DSMG) and the City Engineer. At its meeting of October 20, 1999, the Site Plan Review and Appearance Board reviewed the Class V site plan application and the associated sidewalk waiver request. The Board approved the site plan for the project and the parking reduction, but voted 5-0 to deny the sidewalk waiver. Board members felt that the amount of pedestrian traffic in the area warranted a sidewalk, and that the installation of a sidewalk in this area might encourage other property owners to install sidewalks in front of their properties. Subsequent to SPRAB's action, the applicant submitted a request to appeal the Board's denial of the waiver request. The applicant's letter states the following: Since there are only three sidewalks in the north half of the Tropic Isle Subdivision, and none of these are anywhere near this small development, the intended purpose of these sidewalks to provide a safe place for pedestrian travel is moot. People who walk around in this residential subdivision walk in the street. They would not leave the street to walk on this short section of sidewalk. The appeal is now before Commission for action. Commission's Discretion. If approved, the waiver should be conditioned upon the execution of an agreement providing that the sidewalks will be installed when determined as necessary by the City. Attachments: · Letter dated October 27, 1999 from Beril Kruger · Site Plan beril kruqer planning and zoning consultants rezoning concurrency conditional use special exceptions DRC site plan approval October 27, 1999 annexations comp plan Michelle Hoyland, Planner amendments, variances Planning & Zoning Department (county, state, City of Delray Beach municipal) 100 NW 1st Ave. abandonments Delray Beach, FL 33444 palm beach broward dade & all counties RE: ADVANCE BUILDERS #99-228 & cities , ^, [/ in florida SPRAB APPROVAL OF SIDEW,-,-,~S Dear Ms. Hoyland: This' letter is with regard to the comment in the staff report and our conversations about the sidewalks to be constructed at the Advance Builders Tri-Plex site, Dogwood Drive and Spanish Trail in the Tropic Isles Subdivision. The SPRAB Board denied the waiver and required the construction of sidewalks. It is stated in the staff report "Pursuant to LDR Section 6.1.3(B), a 5-foot sidewalks is required along Spanish Trail and Dogwood Drive." It also states that "when it is clear that the requirement of a sidewalk will not serve its intended purpose, the requirement can be waived." We discussed the lack' of sidewalks in the in the Tropic Isle Subdivision and that this sidewalk would not serve its intended purpose (as stated in the LDR under the above captioned section) "to provide a safe place for pedestrian travel." Since there are only three sidewalks in the north half of the Tropic Isle Subdivision, and none of these are anywhere near this small development, the intended purpose of these sidewalks to provide a safe place for pedestrian travel is moot. People who walk around in this residential subdivision walk in the street. They would not leave the street to walk on this short section of sidewalk. A large Ficus Tree and a Seagrape Tree, which are both located on Spanish Trail and which we are required to retain, will divide this sidewalk (if required to be constructed). As you are aware, staff was willing to waive the requirement of the sidewalk. The SPRAB Board required the sidewalk to be built. Their comments were that if this sidewalk is built, other homeowners living in this subdivision will REC E , - 0 CT 2 9 1999 9 northeast 16th street * delray beach, florida 33~.4~. * (561) 265-4983 pLf~(l~l(~ E~f~11 Michelle Hoyland October 27, 1999 page 2 want to construct sidewalks connecting to this one. Since this is an infill lot and all of the lots within a five-block radius are built out, there would be no new development in the area for which sidewalks could be required. Tropic Isle is a mixed residential subdivision with multi-family and single family residences. Driving through this subdivision you notice the lush landscaping along both sides of the existing right-of-way. I doubt is very much if the City of Delray Beach would require these property owners to remove their landscaping and replace it with concrete sidewalks or would they wish to do so voluntarily. It should also be noted that many older single family homes --~are being bought in this subdivision and are being rebuilt as very large single family residences. None of these homes have been required to install sidewalks. The only sidewalks in the north half of the subdivision were built by three developers building multi family developments. The first is on the northwest corner of Spanish Trail and Tropic Boulevard. He was only required to construct a sidewalk on Tropic Boulevard, the north entrance to Tropic Isle. The other two, quad-plexes, on Florida Boulevard north of Dogwood Drive were built across from each other because these developments are both over 600' long and meet the intent of the Code. People living in these residences use the sidewalks because they can walk from one home to another without going out into the street. In the other areas where there are no sidewalks, people will not get off the street to walk on the sidewalk for a very short distance. In conclusion, I request to be heard by the City Commission to dispute the decision of the SPRAB Board denying the sidewalk waiver. The construction of sidewalks for this project does not meet the intent of Section 6.1.3(B) of the LDR "The primary purpose of sidewalks is to provide a safe place for pedestrian travel. Sincerely, r CC: City Clerk MEMORANDUM TO: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING FROM: ALISON M. HARTY, CITY CLERK~'IK- SUBJECT: APPEAL OF SPRAB ACTION/SIDEWALK FOR ADVANCE BUILDERS DATE: NOVEMBER 2, 1999 Attached is a letter from Beril Kruger requesting an appeal of the Site Plan Review and Appearance Board's action to deny a sidewalk waiver for Advance Bu/lders project located in Tropic Isle subdivision. I tentatively have this item scheduled for November 16m City Commission regular meeting. Please let me know if this date is acceptable to you so that I can respond to Beril with a definite date. Thanks. AMH/m Attachment Cc: Michelle Hoyland, Planner beril krllqer planning and zoning consultants rezoning concurrency conditional use special exceptions DRC site plan approval October 27, 1999 annexations Michelle Hoyland, Planner amendments, variances Planning & Zoning Department (county, state, City of Delray Beach municipal) 100 NW 1 st Ave, abandonments Delray Beach, FL 33444 palm beach broward dade & all counties RE: ADVANCE BUILDERS #99-228 & cities SPRAB APPROVAL OF SIDEWALKS in florida Dear Ms. Hoyland: This letter is with regard to the comment in the staff report and our conversations about the sidewalks to be constructed at the Advance Builders Tri-Plex site, Dogwood Drive and Spanish Trail in the Tropic Isles Subdivision. The SPRAB Board denied the waiver and required the construction of sidewalks. It is stated in the staff report "Pursuant to LDR Section 6.1.3(B), a 5-foot sidewalks is required along Spanish Trail and Dogwood Drive." It also states that "when it is clear that the requirement of a sidewalk will not serve its intended purpose, the requirement can be waived." We discussed the lack of sidewalks in the in the Tropic Isle Subdivision and that this sidewalk would not serve its intended purpose (as stated in the LDR under the above captioned section) "to provide a safe place for pedestrian travel." Since there are only three sidewalks in the north half of the Tropic Isle Subdivision, and none of these are anywhere near this small development, the intended purpose of these sidewalks to provide a safe place for pedestrian travel is moot. People who walk around in this residential subdivision walk in the street. They would not leave the street to walk on this short section of sidewalk. A large Ficus Tree and a Seagrape Tree, which are both located on Spanish Trail and which we are required to retain, will divide this sidewalk (if required to be constructed). As you are aware, staff was willing to waive the requirement of the sidewalk. The SPRAB Board required the sidewalk to be built. Their comments were that if this sidewalk is built, other homeowners living in this subdivision will 9 northeast 16th street * delray beach, florida 33444 * (561) 265-4983 * fax {561) 265-4611 Michelle Hoyland October 27, 1999 page 2 want to construct sidewalks connecting to this one. Since this is an infill lot and all of the lots within a five-block radius are built out, there would be no new development in the area for which sidewalks could be required. Tropic Isle is a mixed residential subdivision with multi-family and single family residences. Driving through this subdivision you notice the lush landscaping along both sides of the existing right-of-way. I doubt is very much if the City of Delray Beach would require these property owners to remove their landscaping and replace it with concrete sidewalks or would they wish to do so voluntarily. It should also be noted that many older single family homes are being bought in this subdivision and are being rebuilt as very large single family residences. None of these homes have been required to install sidewalks. The only sidewalks in the north half of the subdivision were built by three developers building multi family developments. The first is on the northwest corner of Spanish Trail and Tropic Boulevard. He was only required to construct a sidewalk on Tropic Boulevard, the north entrance to Tropic Isle. The other two, quad-plexes, on Florida Boulevard north of Dogwood Drive were built across from each other because these developments are both over 600' long and meet the intent of the Code. People living in these residences use the sidewalks because they can walk from one home to another without going out into the street. In the other areas where there are no sidewalks, people will not get off the street to walk on 'the sidewalk for a very short distance. In conclusion, I request to be heard by the City Commission to dispute the decision of the SPRAB Board denying the sidewalk waiver. The construction of sidewalks for this project does not meet the intent of Section 6.!.3(B) of the LDR "The primary purpose of sidewalks is to provide a safe place for pedestrian travel. Sincerely, r CC: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9. ~ - REGULAR MEETING OF NOVEMBER 16, 1999 RESOLUTION NO. 73-99 DATE: NOVEMBER 12, 1999 Resolution No. 73-99 authorizes the City to transfer certain property in Block 77 to the Community Redevelopment Agency (CRA), which in mm will be conveyed by the CRA to Block 77 Development Group. In exchange, Block 77 will grant a temporary easement and access thereto over Lots 4, 5, 6 and 13, Block 77, to the City's 63 existing parking spaces. The City will ultimately receive fee simple tide to land and a public parking facility located on Lots 20, 21 and 22 of Block 69, to contain 107 full-time public parking spaces and 40 part-time public parking spaces. Incorporated within the resolution is acceptance of the contracts stating the terms and conditions for the transfer and exchange of property between the Community Redevelopment Agency, the City and Block 77 Development Group. The agreements are on file in the City Clerk's office. Recommend approval of Resolution No. 73-99. Ref:Agmemo14.Res.73-99.Transfer of Property. CRA.Block 77 RESOLUTION NO. 73-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER AND EXCHANGE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACTS STATING THE TERMS AND CONDITIONS FOR THE TRANSFER AND EXCHANGE BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA), THE CITY OF DELRAY BEACH, FLORIDA, AND BLOCK 77. WHEREAS, the City of Delray Beach, Florida, wishes to transfer and exchange property in Delray Beach, Florida, to provide for a public parking facility; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to exchange certain property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City shall transfer to the Community Redevelopment Agency property described as: The South 59.84 feet of Lots 4, 5 and 6, Lot 13 less the North 16 feet thereof, and Lot 7 less the North 16 feet thereof, all located on Block 77, town of Linton (now Delray Beach) according to the Plat thereof as recorded in Plat Book 1, Page 3 (sheet 2) of the Public Records of Palm Beach County, together with Parcels P, R, V, X, and Z, as shown on the boundary survey dated December 18, 1997 as revised, which will be conveyed by the CRA to Block 77 Development Group, L.C., a Florida Limited Liability Company (Block 77). In exchange, the City shall obtain from Block 77, a temporary easement and access thereto over Lots 4, 5, 6, and 13 to its 63 existing public parking spaces located thereon with the City ultimately receiving from Block 77 fee simple title to Land and a Public Parking Facility located on Lots 20, 21, and 22 of Block 69, according to the plat thereof as recorded in Plat Book 2, Page 43 of the Public Records of Palm Beach County, to contain 107 full-time public parking spaces and 40 part-time public parking spaces. Section 2. Other terms of the transfer and exchange are contained in the Contract for Sale, Purchase and Developmem Agreement, and addenda thereto, the Interlocal Agreement between the City and the CRA, and the Public Parking Facility Construction and Conveyance and Worthing Park Contribution Agreement (the Agreements) on file with the City Clerk. 16th PASSED AND ADOPTED in regular session on the ,~[999. ATTEST: M City Clerk ~ - ff ! ORD. NO. 73-99 [IT¥ I]F DELHI:IV BER[H DELRAY BEACH · ~-J~l~l~C~ 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444, 561/243-7000 TO: David T. Harden 993 City Manager FROM: /h'll~obert A. Barcinski t'~-./Assistant City Manager DATE: November 8, 1999 SUBJECT: AGENDA ITEM CITYCOMMISSlON MEETING NOVEMBER 16, 1999 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for December 9, 1999 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to NE. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACKGROUND Attached is a request for approval and City assistance for this event from MarjorieFerrer. The estimated overtime cost for this event is $7,000. City Commission capped the amount the City would pay for overtime at $7,500 for the last six (6) events. Actual overtime costs for October's event were $5,135. A copy of the certificate of insurance and hold harmless agreement are attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,000 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas cc: Lt. Geoff Williams Joe Weldon Hoyt Owens File:u:sweeney/agenda Doc: 110099a THE EFFORT ALWAYS MATTERS ~:~' Z~ ' Printed On Flecycled F~eper atlantic November 1, 1999 N0V 8 2 1999 C I TY i'~'~ A N .,'~ Mr. Robert A. Barcinski, Assista nag r City of Delray Beach 100 N.W. l't Avenue Delray Beach, FL 33444 RE: AGENDA ITEM- CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, December 9, 1999 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. l't Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control and monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 SPECIAL EVENT HOLD HARMLESS AGR~MENT 7"ne Oowntown OeJrav Beach Joint Venture in c~nsidec~on of the payment of Ion (10) (Name of F_ndty) dollr~rs, receipt of which is hereby acknowledged, agrees to indemnify, held harmless and defend the City of Deirsy Beach, its agents and employees from ail suits, act/ohs and c_Jsims including attorney's fees and costs attendant to any claim, lit/gat/on, admJnJs~-Zdve proceeding, 8ppesJ and judgment of every name and descrfp~on brought against the City as a result of loss, damage or injury to person or properu/¢_dsing from and in ex~ange for the Downtown Deir~v 8each Joint Venture use of City fadiit/es or (Name of EnVy) prope.m/for the spedai event of Art and J2~- ' and hereby releases ~e City of (Name of Emit7) OeJr~y Beach, i~s agents and employees from ail s'u~, actions and d~ms including attorney's fees ~d cas~s attendant to any claim, liii_~IJon, administrative proceedings, appeaJ and judgment of every name and descriCon brought, again~ the. City as a result of' loss, d~rnage or injury to person or property arising' from the sp~--~ event of Art and Jazz: (Name-of Entity) " ' T'nis Indemnifi~don and Hold Harmiess and Defend Agreement is only tc bhe extent of insurance maintained by the Downtown De!ray Beach Joint Venture _:s covered under Scct'~dale Insurance Company Polio/number CLS420116. ART AND JAZZ (Name of Spedat Event) Wi~ess Name ~itness (Please ~pe or pdm ~e) ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight . Dep Dir ESD Constru'i~'o~r~J Date: November 15, 1999 Subject: Contract Addition to Police Evidence Storage (PN 99-16) or Construction of The Tennis Center PH IV (PN 99-59) Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O. #1) to Republic Construction & Development Corporation to the Police Evidence Storage Building (PN 99-016) Contract. The work encompasses construction for Tennis Center Expansion - PH IV. The improvements are required for the Citrix Tournament to be held in February. The amount of the C.O. #1 is $354,392.00. The project is divided into four segments as follows: Tennis Center Expansion $197,392. Resurface Courts 1-4 $ 49,000. Upgrade Lighting on Court 4 to TV Specifications $ 59,000. Change Center Court to Hard Court $ 49,000. Total C.O. #1 $354,392. Republic Construction was the lowest of three bids received November 11, 1999. Bids were also received from two other general contractors working for the City, Marine Engineering, Inc. and JMW Construction. City Staff and the architect, Digby Bridges, feel that the bid is fair and reasonable for the scope of work to be performed. Provisions of C.O. #1 also include a time deadline for the work to be completed by February 18, 1999 with no extensions in order for the work to be ready for the Citrix tournament. Funding is available from 334-4145-572-63.90 (Gen Fund -Tennis Center) for 204,392.00; and 117-4145-572-63.90 (Recreation Impact Fee) for $150,000.00. cc: File 99-59 (A); 99-16 (A) s\...\9959\agmem 1116 Agenda Item No.~ AGENDA REQUEST Date: November 15, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O. #1) to Republic Construction & Development Corporation to the Police Evidence Storage Building (PN 99-016). The improvements (Tennis Center PH IV) included in this Contract Addition are required for the Citrix Tournament in February. The amount of the C.O. #1 is $354,392.00. Provisions of C.O. #1 also include a time deadline for the work to be completed of February 18, 1999 with no extensions in order for the work to be ready for the Citrix tournament. Funding is available from 334-4145-572-63.90 ( Gert Fund -Tennis Center) for 204,392.00; and 117-4178-572-63.40 (Recreation Impact Fee) for $150,000.00. ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Staff recommends City Commission approve a construction contract with Republic Construction and Develoj;zment Corporation in the amount of $354,392.00 for the Tennis Center PH IV Impr°vements' // ~_ /~h Department head signature: ~..~'~-~d~/ ~ '- "~'/-~> Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re. gini[ed on all items involving expenditure of~func~ Funding available:/YE,~/NO Q Funding alternatives'~f applicable): Account No. & Description 53~-q1~%-59~-~,3,~0 Account Balance ,~ ~77,5-~0,00 City Manager Review: ApprovedHold Until:f°r agenda: ~.,~/NO ~/~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9959\agreq 1116 FROM : CTY. ENUIROMENTAL SERUICES PHONE NO. : 5612437060 Now. 16 1999 04:02PM P2 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Mary Ann Young Accountant II Dep Dir ESD Constru~/p y/ Date: November 16, 1999 Subject: Contract Addition to Police Evidence Storage (PN 99-16) for Construction of The Tennis Center PH IV (PN 99-59) The November 16, 1999 Commission Agenda includes award of a Contract Addition (C.O. #1) to Republic Construction & Development Corporation for the Tennis CenterPH IV construction. The item includes partial funding from 117-4178-572-63.40 (Recreation Impact Fee - Orchard View Park) for $150,000. This funding is available because the Orchard View Park project bids and amenities came in under budget and will not be required to complete the project. The base bid of $299,000 will be awarded on the December 3, 1999 agenda. Additional funds of approximately $50,000_00 will need to be encumbered for playground equipment, testing and utility hookups. There is presently a $50-~,232.00 unencumbered balance. Deducting $150,000 (Tennis Center), 299,000 (Orchard Park Construction) and $50,000_00 for the miscellaneous encumberments will leave a residual $8,232.00 unencumbered balance in the account_ cc: File 99-59 (A); 99-16 (A) 97-19 (A) s~...\9959~ag mem 1116 ' .................................. - ~' ~ I( It ' Ij~ , ~ ~-~ ,-- .~~:~~~:~:~ .......................... ~ ~:._ _: .._ ......... ~ ......................................................................... ] ........... N~--l~f ~; I ~1 '~' ~" ~ ....... - ................ ' ~ ....... ' ~. ~'-~z ..... ,~l II/ CI ol D~LBA~ B~ACH ~NNIS CENTER E~~ ~8 ~~~ PHASE IV t,..~,Sx~ ~~,~~v~~~ i 99-059 N0¥-1~-99 TUE 11'25 AM REPUBLIC CONSTRUCTIO}IFAX NO, 561+243+8039 f. Z REPUBLIC CONSTRUCTION & DEVELOPMENT CORP 1300 PARK OF COMMERCE "LVD. SUITE ~62 DELRAYBEACH, FL, 33445 ,~/0 ~'/"//}/U~-' fc~/-~0~'~"9 DELRAY TENNIS CENTER PHASE IV SCHEDULE OF VALUES 11 I12199 GENERAL CONDITIONS $ 31,700.00 a, SPHALT PATCHING CONCRETE PATCHING $ 2,200.00 CONCRETE DEMO & REMOVE EARTHWORK $ 21,3,00.00 FLATWORK $ 6,200,00 CURBS $ 1,650.00 FENCES/GATES $ 26~900.00 IRRIGATION $ 3,242.00 LANDSCAPING $ 16,500.00 TENNIS COURT CONSTRUCTION $ t30.400.00 PLUMBING $ 1,200.00 SPO RTSLIGHTING $ 113,100.00 ~TOTAL $ 354,392.00 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 99-16 DATE: PROJECT TITLE: Police Evidence Storage Building TO CONTRACTOR: Republic Construction and Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of improvements for Tennis Center PH IV as designed by Digby Bridges, Marsh and Associates (DBM). Work to be constructed in accordance with Plan Sheets A1.1, A2.1, A2.2, A3.1,E1.1, E2.2, E2.2, E2.3, E2.4, E3.1, IR-l, L-l, Civil Sheets 1 of 2 and 2 of 2; Technical Specifications by DBM; Nutting Soils Report dated 10/5/99; Addendum No 1 dated 11/1/99 issue by DBM; and scope revisions 1-3 per attached transmittal issued by City of Delray Beach Engineering. Work to be completed in accordance with the following schedule. No time extensions past the February 18, 1999 completion date will be allowed. October 26, 1999 Bid Packages to Contractors November 5, 1999 Bids Received November 16, 1999 Change Order Award by Commission November 17, 1999 Submittal Package Preparation and Turnaround (especially lights!!l) November 18, 1999 All construction except Ct 15 & 16 / Centre Ct can commence December 3, 1999 Demolition of Houses at Ct 15 & 16 Completed by City December 4, 1999 Construction on Ct 15 & 16 site can commence December 13, 1999 Demolition of Center Ct Clay Court can commence December 28, 1999 Center Ct Demolition Complete/restoration of pavers, ramps & gates complete and ready for New Years activities December 29, 1999- January 3, 2000 Center Ct off limits to construction due to New Years activities January 4, 2000 Construction on Center Ct can commence February 18, 2000 Project 100% Final Complete...NO EXCEPTIONS!l!! SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $170,878.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $170,878.00 COST OF CONSTRUCTION CHANGES THIS ORDER $354,352.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $525,230.00 PER CENT INCREASE THIS CHANGE ORDER 307 % TOTAL PER CENT INCREASE TO DATE 307 % Page 2 Change Order # 1 Police Evidence Storage Final Completion Date for work under this Change Order is February 18, 1999 (No exceptions). Contract completion dates for the Evidence Storage are not affected by Change Order #1. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Republic Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from 334-4145-572-63.90 ( Gert Fund -Tennis Center) for 204,392.00; and 117-4178-572- 63.40 (Recreation Impact Fee) for $150,000.00. DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~_.~ - REGULAR MEETING OF NOVEMBER 16, 1999 CONTRACT AWARD/TENNIS CENTER PHASE IV IMPROVEMENTS DATE: NOVEMBER 12, 1999 At the time the agenda was completed on Friday, staff was still in the process of negotiating with contractors for the Tennis Center project. We hope to have a contract figure and award recommendation for presentation either before or at Tuesday night's meeting. Ref:Agmemol 4.Contract Award. Tennis Center Phase IV MEMORANDUM To: City Commission /I From: David T. Harden, City ManageryI Subject: Support - Municipal Revenue Sharing Reform Date: November 9, 1999 In the early 1970's, the Florida Legislature created two programs, the Municipal Financial Assistance Trust Fund and the Municipal Revenue Sharing Program. These programs were initiated in order to provide a stable and bondable revenue source to municipalities and to reduce the need for increasing property taxes at the local level. Both programs rely significantly on cigarette tax collections for funding. Over the past 15 years, municipalities have experienced a substantial decline in these program revenues. This is due to, in part, a more educated and healthier citizenry that purchase less tobacco-related products. Additionally, the state and federal governments are implementing policies to reduce the use of tobacco related products. Such trends create a significant financial burden on municipalities. The Florida League of Cities ask that we support their effort in requesting that the Florida legislature change the financial structure of these programs so that cigarette taxes are replaced with a more reliable source. If approved, the attached proposed resolution will be sent to our legislators as well as the Florida League of Cities. I recommend City Commission approval of this resolution. AGENDA ITEM NUMBER: ~. ~. AGENDA REQUEST Request to be placed on: Date: November 10, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 16, 1999 Description of agenda item: Resolution to be sent to Florida Legislators and Florida League of Cities supporting an initiative to replace cigarette tax revenues with a more stable revenue base. ORDINANCE/RESOLUTION REQUIRED: YES X NO Draft Attached: YES X NO Recommendation: Approve Resolution and correspondence to be sent to designated Legislators per attached document. DepartmentH dS'g : ~,~ ~ Determination of Consistency wit ~~pr~h~.sive Plen.'~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes N/A No N/A Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~/'~-! No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved / 6661, Z661, 9661, 9661, t,66~ / / /' / / 6661, / Z66 I, / 9661, Z. g6 I, ' o ,, g86 ~ {S,O00 NI $) s=InN=IA=I~I RESOLUTION NO. 74-99 A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A LEGISLATIVE INITIATIVE TO REFORM THE MUNICIPAL REVENUE SHARING PROGRAM AND THE MUNICIPAL FINANCIAL ASSISTANCE TRUST FUND. WHEREAS, the Municipal Financial Assistance Trust Fund and the Municipal Revenue Sharing Program were created in 1971 and 1972, respectively, for the purpose of providing a minimum level of revenue parity, a reliable and bondable revenue source, and to reduce the need for increasing revenues at the local level; and WHEREAS, the aforementioned municipal revenue shadng programs have suffered from a substantial decline in revenues; and WHEREAS, an examination of the historical pattern of these cigarette tax based revenue sharing distributions, adjusted for inflation and population growth, indicates that between fiscal years 1972-73 and 1996-97, municipal revenue sharing distributions decreased by a total of 76% or 3.2% annually, and WHEREAS, the aforementioned municipal revenue sharing programs rely heavily on net cigarette tax collections which account for approximately seventy and one-half percent (70.5%) or 157.4 million of municipal revenue sharing dollars; and WHEREAS, the State government of Florida and the federal government of the United States of America are implementing policies to reduce the use of tobacco related products; and WHEREAS, the decline in use of tobacco related products would improve the health of many Florida and U.S. citizens; and WHEREAS, the decline in the sale of tobacco related products will result in the continuing decline in revenues for Florida's 401 municipalities; and WHEREAS, the Florida Legislature is the only entity authorized by the Constitution of the State of Florida to replace such revenues, NOW THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH, FLORIDA: SECTION '1. That the City of Delray Beach, Florida does hereby encourage the Florida Legislature to approve the following changes to the financial structure of the Municipal Financial Assistance Trust fund and the Municipal Revenue Sharing Program. Replace the cigarette tax as a primary dedicated funding source with a reliable and stable revenue source providing adequate growth to enhance our municipal governments' ability to meet the needs of our community. Res. No. 74-99 Provide a financial commitment to the Municipal Financial Assistance Trust Fund and the Municipal Revenue Sharing Program equivalent to the per capita funding level established in fiscal year 1989-90. SECTION 2. That a copy of this resolution shall be made available to the Florida League of Cities, the Florida Legislature and interested parties. SECTION 3. That this Resolution shall be effective immediately upon its adoption. PASSED and ADOPTED in regular session on this 16th day of November 1999. Mayor ATTEST: City Clerk Res. No. 74-99 FL League o£ Cities 11/4/99 11:29 PAGE 3/5 RightFAX ISSUE BRIEF Municipal Revenue Sharing Reform Position: SUPPORT legislation that restructures the funding sources of the municipal potion of the revenue sharing program, and which ties municipal shared revenues to the growth of the state's general revenue Key Point~: 1. The Florida Revenue Sharing Act of 1972 was enacted to reduce increases in local taxes; provide local governments with a bondable revenue source; and to provide a minimum level of revenue parity amongst local governments. In 1971, the Legislature created the Municipal Financial Technical Assistance Trust Fund and financed it with a 2 cents per pack cigarette tax. The following year, the Municipal Revenue Sharing Program was enacted as part of the Florida Revenue Sharing Act. In FY 1998-99, it is estimated that the total distributions to municipalities through these programs will be $23.9 million and $199.3 million, respectively. .- 2. Both of the municipal revenue sharing programs rely significantly on cigarette taxes for funding. Presently, the Municipal Financial Assistance Trust Fund receives 5.8 percent of net cigarette tax collections for a total of $23.9 million. The Municipal Revenue Sharing Program is funded by 32.4 percent of net cigarette tax collections which represents $133.5 million. (The Municipal Revenue Sharing Program also receives 12.5 percent of the state alternative fuel decal users fee and net collections from the one-cent municipal fuel tax.) In FY' 1999-00, net cigarette tax p~ds represent $157.4 million or 70.5 percent of the total revenue sharing programs. 3. The level of funding for municipal revenue sharing programs is gradually declining. Specifically, since FY 1985-86 distributions from the Municipal Financial Assistance Program have decreased in aggregate dollars by $3.0 million. Likewise, distributions from the Municipal Revenue Sharing Program have decreased by $21.3 million during thin same period. When comparing real dollars, an examination of the historical pattern of these cigarette tax based revenue sharing distn"outions, adjusted for inflation and population growth, indicates that between fiscal years 1972-73 and 1996-97, municipal revenue sharing distributions decreased by a total of 76 percent or 3.2 percent annually. 4. In contrast, fi.om 1970 to 1997 the population of the state of Rca'ida has increased fi.om 6.8 million to 14.7 million, or 116 percent. More specifically, from 1972 to 1997, the municipal population has increased fi.om 4.6 million to 7.3 million. 5. The federal and state governments have aggressively pursued policies to reduce the use of tobacco related products. In 1997, the courts awarded the state of Florida approximately $11.3 billion as compensation for fiscal impacts to the state's health expenditures due to the use of tobacco related products. 6. The financial structure of municipal revenue sharing needs to be reformed, taking into account both economic and social changes. During the next Session, the Legislature should replace cigarette taxes as a dedicated funding source for municipal revenue sharing with a revenue source that is more stable and reliable to meet bonded obligations and that provides adequate growth in order for municipalities to meet the needs of their communities. · e o£ Cities 10/21/99 4:28: PAGE 5/7 RightFAX Ethics and Elections re or l gu , tr your city your le~slgive delegation pl~e fo~d a copy to the Financial Disclosure Linde, rotation Joh~ Wa~e S~ B~ on our record, ~pro~ely 47 of 160 PCB I (S~e E~ ~ Ele~iom Co~ee) le~sl~o~ We r~ived n~ice of sup~ from fl~eh' cities. cont~ several ~g~ ~th mg~d to fi~c~ ~sclosure, ~e go~ of the L~e is 1~ p~cem coverage before ~ law, q~ly r~o~g of clients, etMc~ stma~ of end of ~e ye~. EyeD' city is encouraged to send a letter or condu~ for fomaer offi~ ~d ag~, empl~ve~, pe~ti~ r~olution of suppo~ to ~ek deleg~ion Pl~e be sure to for etMcs viol~io~, wimps t~efing ~d inmamfity for copy the Governor, ~e Se~te Pr~idem, ~e Spe~ of thc xxStn~s~ in E~cs Co~ssion pr~ee~n~. With re~d House and the ~e. to fi~aci~ ~scl~um spec~cMly, the bill ad,ts a new For ba~o=d n~e~s or copi~ of a sm~lc apprmch towed mduchag the mmber of pe~o~ who must le~er ~d r~olutim pl~e con,ct Jo~ Wayne Snfith ~ tim file r~o~s. ~tead of Mclu~ng eyeD, one exert ~e L~e. (S~) ~ by statute, p~itiom t~ must file ~e m~ ~ state. However, fomaer offi~m ~d employees must file a fi~ hll or ~ted ~scl~ure for ~io~ of a ymr seined. ~ere is no ~B~ for f~ure to file ~e f~ s~tem~. For Financial Technical Assistance Program li~ted ~sclosum (m~cip~ office~) filin~, doll~ mo~t (Suppor0 thresholds r~ce pementage threshol&. For c~i~ of t~s Al ~e r~u~t of the Linde, the D~ae~ of bill ~d o~er i~om~io~ pl~e ~I ~e Lea~e office. B~ing ~d F~ce ~ Mclud~ $1 ~llion for ~e working wi~ ~e Governor's ~ce of Plm~g . Budgeting to se~re a l~e item in ~s reconunended budget. Finance & ~ ~ Ciq, officiMs ~d membe~ of the FGFOA are office. Pl~e c~y le~e~ to Do~a ~d~ Dkector of Municipal Revenue Sharing ~form (Suppor0 ~ce of Piing ~d Budget, F~ Sprig, ~ce of During the ~t ~vo mon~ m ~e Le~sh~e Pirating ~d Budget ~d Jo~ Wayne Snfi~ at ~e I.~c. convened for its h~t~m co~fi~ee meeting, fl~e Lea$~e ~ (Snfi~) testffied before two co;~ re~ng the need to rdonn fl~e fi~mnci~ r~mm~ dedicaed to ~e MuMcip~ Revenue S~ng Trust Fun~. M September, ~e Lm~e spoke h~ suppoa of the Personal and Benefits fining of fl~e Semte FiscM R~our~ Conmfitt~'s Mt~m proje~ r~o~ "Revenue 8~g wi~ L~M Govc~mts: Ponce and Fire Pension Upda~ Extortion of Mte~iv~." ~e Lm~e ht~ met x~ffl~ ~e Dihsion of Retimme~ issued a notice of fl~e Conu~ec Ch~m~ Sen. Jim Home (R-Omge P~k) h~g to those citi~ ~d fire ~stfiOs x~Sth crater reg~ng Ms immtiom to follow up xhth ~e r~o~. 175/185, Florida St~t~, p~ion pl~ M July, 1999. At Some membe~ We sugg~ted r~l~ing ~t fl~e he,rig, ~hsion st~ ~d ~on r~r~entafiv~ seemed cig~e~e t~x r~enues de~mted to Mmci~ Revenue to a~ee ~t ~e nexv ~w should be a~st~ed on acme S~ng xh~ a perce~age of the st~c s~ tax. ~e Semte by c~e b~is, ~d ~ere w~ no n~d for ~ on fl~e Fisc~ R~oume Con~iRee may ad~ revenue s~g m impleme~aion of ~ 261. Md~, no ml~ have been p~ of a compr~e~ive rehew of stae t~ polio, under ~e promulgae~ ~d citi~ ~e n~ing c~g~ to ~ek pMns leade~lfip of inco~ng Se~e Pr~ide~a Jo~ M~ay M accor~ce xdth Mte~mtaio~ of the law. ~ some cm~, 2001. ~e League ~ encouraged Se~ Home to ad&ess ~s ~e Dihsion ~ s~d ~ey would reject clmg~ fl~m ~ their issue d~g fl~e 2000 Le~slaive S~sion. opiMon do not comply x~th ~ 261, ~d M oth~ c~, ~e h M~tio~ ~e Lea~e t~tffi~ M ~ly Oaober at Dix4sion ~ s~d ~ey w~ld ac~t ce~ c~ng~. We · e Joim Legislaive Co~ee on ~ergoven~m~ We he~d ~ ~ere ~e some c~leng~ to ~e Divisimfs Relatio~ ~ suppo~ offin~g ~ ~ten~ive revenue source p~itiom pining, ~d encourage membem to se~ out all for ci~e~e t~. Mayor Br~ Hen~cks, Ci~ of ~om~ion av~l~le to them prior to m~ing p~sion plan P~er, who sen'~ m a mmci~ repr~enmtive on ~e c~g~. We ~e k~Mg a da~me a t~ ~a~e on thee conmfiRee, got a b~t ofsup~ from ~e 13 or m~e 1~ issu~ m ~ey ~se in ~erem j~s~iom. For fi~her mayom ~d eiB, officios who &ore to TM~ee to ~md ~om~io~ coma~ ~e L~e office. ~c~e0 · e meeting. Ting is key ~ sever~ co~e~ ~ve ~mady Florida ~firement System (F~) Defined m~Sewed t~s issue. A ~t d~ of effo~ ~ ~en ~de to Contribution Plan ke~ tbs issue on ~e Le~slative agm~. Be~veen now ~d · e end of fl~e y~, citi~ must comime to mm up ~e ~e House Appr~fiom Con~aee ~ s~died volume. C~e~ly, ~e L~e ~ receiv~ c~i~ of 24 ~d is proposing a bi~ sinfil~ to lint y~s Se~e bill, le~em ~d r~oluti~ of suppo~ from cifi~ ~d 1~ ~d crm~g ~ ~tion for employe~ in the ~S to retke ~d~ a Legislative Bulletin Florida League of Cities Inc. Page 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/[ L SUBJECT: AGENDA ITEM # q~. - REGULAR MEETING OF NOVEMBER 16, 1999 APPOINTMENTS TO THE KIDS AND COPS COMMITTEE DATE: NOVEMBER 12, 1999 The terms for Jennifer Buce, Grant Edwards and Kara Kenney Scales on the Kids and Cops Committee expire at the end of the month. Ms. Buce and Ms. Kenney Scales serve in the category of 'Other Representation'. Mr. Edwards was appointed as a 'Citizen at Large'. They are all eligible and want to be considered for reappointment. The term is for two years, ending November 30, 2001. Their applications are attached. A check for municipal liens and/or code violations was conducted. None were found. Based on the rotation schedule, the appointments will be made as follows: Commissioner Archer (Seat #2) - Other Representation (Jennifer Buce) Commissioner Wright (Seat #3) - Citizen at Large (Grant A. Edwards) Commissioner Randolph (Seat #4) Other Representation (Kara Kenny Scales) Recommend the appointment of three members to the Kids and Cops Committee for two year terms ending November 30, 2001. Ref:Agmemo3.Appointments to Kids & Cops DELRAY BEACH BOARD MEMBER APPLICATION ~ 993 Please type or print thc following information: 1. LastName: ~)L~.0..~ Name~,~){~.~ M~l. elnitial 3. Legal Residenbc ~ State Zip Code 4. Principal Business Address: ~ ~0._O, =Ci~ O.~, ..--~. S~t~ Zip Code, :5. Home Phone: (~0 [ ) c,Q '7 ~- 3 ~2 ~ I Business t'none: ( ~, I ) c~ ~ ~ ~ -7 ! ~ ~ 6. What Board(s) are yglu interested in serving? 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) Kds n ' Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. GLve your pre, seat. or most recent employer, and position: -,,.j ,.j .... 11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I here6y cg'rtify that all the above statements are true, and I agree and Understand that any misstatement of material facts contained in this a_p.~_ca, tion _may cause forfeiture upon my part of any~ointment I may receive. R~CEIVFD SIG / ,CITY CLERK Note: This application will remain on file in t~he City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~CrI'YCi_ER,K~d~)~UC ATION DELRAY BEACH BOARD MEMBER APPLICATION 993 Please type or print the following information: 1. La.~t Name: Namet~:)/~/'7-'- ..c~ ~'1 ~ MiddJe,~t Initial 2.~95'-OHome Address:,~K,o, o /~ K '~,~ ~' ~ t/t~ ~t ~,~/c- b~ ~t~. Zip Code 3. Legal Residence City State Zip Code 4. Principal Business Address: City' S~te Zip Code /-"/, 6. What Bo~rd(s)' ~re you interested in serving? ?. List all City Bo~rds on which you are currently serving or have previously served: (Please include dates) ( ', Educationalqualifications: f~o/' '~-- f:~-/e ~4t,~.~"f.r-l-¥ ~'.,',~'. 9. List andy related professional certifications and licenses which you hold: 10. Give your p~sen~ or moment employer, ~nd p~si~ion: 11. Describe experiences, skills or ~owledge which qmli~ you to se~e on ~is ~d: (Please a~ch a bdef resume) I 3oro~y co~i~ ~ all t~e abouo sta~o~nts ~ro truo~ on~ I agree an~ ~n~e~and ~ any misstatemont o~ moteHal ~cts con~ne~ [O~N~ ~ppl~cation may cause any appointment I may receive. SIGNA~ t DA~ / ~ote: ~s application ~11 rem~n on file in &e Ci~ Clerk's O~oe for a period of 2 yeas ~om &e ~t, it w~ submi~ed. It ~11 be ~e applic~t's responsibili~ to ensue ~at a oment application is on file. DELRAY BEACH ( CITY OF DELRAY BEACH ' ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:K/fl~,l.~.~~ Name ~ Middle Initial 3. Legal Residence City State Zip Code 4. Pr~ncip,al Busin.ess A~ddress: ~ S. Home Phone: (~l)~"lq-'t'~"/O [ Business Vh~ne'Z ( ) 6. What Board(s) are you interested in serving? ~,~ (~C~ ~1}$ -- c~-d-~ AY~.~ ! 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) r ". Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most re.cent emplo er, and position: I 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts containe_d. (.n;.th!s.aJ~.HLc~aAion may cause forfeiture upon my part of any appointment I may receive. : .-'.~'r'~i ¢~-~ r'r',~., DATE Note: 'ibis applicafio, will remain on file in the City Clerk's Office for a period o£2 years ~'om the ~te it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~CITYCLERK~O~CATION £1TY OF DELR;lY BEI3[H CITY ATTORNEY'S OFFICE~°~ ~TM^~' ~"^~"~^~"' ~°"~^-~" TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH  Writer's Direct Line: 561/243-7091 Ali.America City 1993 DATE: November 16, 1999 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Outside Counsel A lawsuit, Tylke v. City et al, has been filed and served against the City and two police officers today, November 16, 1999. An answer must be filed within twenty (20) days. Due to the short time constraints, our office must add this item to your agenda seeking authorization for appointment of outside counsel. The complaint contains counts alleging infringement of 42 U.S.C. 1983 against the City and the officers in their individual capacity, false arrest claims against the City and the officers, malicious prosecution against one of the officers and negligent retention against the City, along with counts against The Backroom. The complaint allegations present a conflict of interest. Therefore, our office recommends the appointment of outside counsel for the officers and the City. If you concur, Fred Gelston will represent the police officers and Kent Pratt will represent the City. Both representations will be at the rate of $100 per hour. SAR:ci CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 16, 1999 - 6:00 P.M. COMMISSION CHAMBERS Ag VDA ADD AfD/4M THE REGULAR MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.H. APPOINTMENT OF OUTSIDE COUNSEL: Consider approval of the appointment of outside counsel as recommended by the City Attorney. Also attached is backup information pertaining to Item 9.E.. Contract Award for the Tennis Center. Addendum.November 16, 1999 Regular Meeting MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # J/9/q - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO, 45-99 (RESTAURANTS AS CONDITIONAL USE IN PLANNED OFFICE CENTER DISTRICT) DATE: NOVEMBER 12, 1999 This is second reading and a public hearing for Ordinance No. 45-99 which amends LDR Section 4.4.15(I3)(1) to allow stand alone restaurants, excluding drive-in and drive-through facilities, as a conditional use within the Planned Office Center (POC) zoning district. This amendment was generated primarily to resolve the nonconforming status of the former Rod & Gun Club restaurant located on West Atlantic Avenue which is zoned POC. The property owner wishes to reopen the establishment as a steak and seafood restaurant. The POC district allows as a conditional use Restaurants when it is designed to be a part of the overall POC concq~t and is pffmatilj directed toward meeting the noon time demands of the POC". The restaurant building is the only structure on this POC zoned parcel. Therefore, it is impossible to comply with the provision that it be geared toward meeting the noontime demands of an office center. The previous restaurant use has been discontinued for more than 180 days and cannot be reestablished given the present code language. The proposed amendment is to allow restaurants, excluding drive-in and drive-through facilities, as a conditional use within the POC district. It is a relatively minor change that will have little impact on most of the POC zoned parcels in the City since the ability to establish restaurants in conjunction with existing office developments is akeady in the code. On October 18, 1999, the Planning and Zoning Board held a public hearing on the proposed text amendment. There was no public testimony. After discussion, the Board voted unanimously to recommend that the text amendment be approved. At first reading on November 2, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 45-99 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. Ref:Agrnemo21.Ord.45-99.Restaurants as Con&Use in POC ORDINANCE NO. 45-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4 4 15, "PLANNED OFFICE CENTER (POC) DISTRICT" SUBSECTION 4 . 4 . 15 (D) , "CONDITIONAL USES AND STRUCTURES ALLOWE[Y' , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR ~RESTAURANTS, EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILITIES' AS A CONDITIONAL USE IN THE POC ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on October 18 1999 and voted unanimously to recommend adoption of the proposed amendment; and WHEREAS, pursuant to Florida Statute 163.3174 (4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4'. 4.15, "Planned Office Center (POC) District", Subsection 4.4.15(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POC District: Restaurants~ whcn ~t ~ +~^ ~ drive-in and drive- .......... excluding through facilities. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of November , 1999. ATTEST: · T ........ dity ~-~rk -- I First Reading November 2~ 1999 Second Reading November 16, 1999 ~; - 2 - Ord. No. 45-99 MEETING OF: OCTOBER 18, 1999 AGENDA ITEM: V.I. AMENDMENT TO LDR SECTION 4.4.15(D)(1) REGARDING RESTAURANTS AS A CONDITIONAL USE IN THE POC (PLANNED OFFICE CENTER) ZONING DISTRICT. ITEM BEFORE:THE BoARD~ The item before the Board is the consideration of an amendment to Land Development Regulations (LDR) Section 4.4.15, Planned Office Center (POC) District, subsection (D) Conditional Uses and Structures Allowed. The proposed amendment is to modify the existing language allowing restaurants as a conditional use. Pursuant to LDR Section 2.4.5(M), amendments to the Land Development Regulations require a public hearing and recommendation by the Planning and Zoning Board. .- B AC K G R OU ND · This proposal is being generated primarily to resolve the nonconforming status of the former Rod and Gun Club restaurant located on West Atlantic Avenue. The restaurant was established in 1983 under an SAD zoning designation. With the Citywide rezonings in 1990, the parcel was rezoned to POC. The POC district allows as a conditional use "Restaurants when it is designed to be a part of the overall POC concept and is primarily directed toward meeting the noon time demands of the POC." The restaurant was the only structure on this POC zoned parcel, therefore it was impossible to comply with the provision that it be geared toward meeting the noontime demands of an office center. Apparently it was thought at the time that the adjacent 18-acre vacant tract would eventually develop as an office park, and the restaurant would become a part of that development. The 18-acre tract was annexed into the City in 1995 and zoned RM (Medium Density Residential) in part and RM-6 (Medium Density Residential- 6 du/ac) in part. Subsequently, approval was granted for a 191 unit multi-family development known as Villas D' Este. With the development of the property for residential purposes, there was no possibility of the Rod and Gun Club restaurant becoming a conforming use. On September 3, 1998, the Occupational License division was notified by the property owner that the Rod and Gun Club restaurant had been evicted, and the existing license became inactive. Once a nonconforming use vacates the premises for 180 days or more it cannot be reestablished unless it complies with current regulations. Stand-alone restaurants are not permitted in the POC, therefore a rezoning or text amendment is necessary in order to reestablish the use. P& Z Board Memo Report LDR Amendment--Restaurants in the POC Page 2 -*- In September of this year the Planning and Zoning Board held a public hearing on a request to rezone the subject property to NC (Neighborhood Commercial). The NC district allows restaurants, but it also allows numerous other retail and service type uses that the surrounding neighbors found objectionable. There was substantial public testimony supporting the reestablishment of the restaurant but opposing the rezoning. The Board voted unanimously to deny the petition, and directed staff to seek alternative approaches to allow the restaurant without opening the property up to a variety of other more intensive uses. The proposed text amendment is being processed in response to that request. Pursuant to LDR Section 2.4.5(M)($), in approving an amendment to the Land Development Regulations, the approving body must make a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment in strike through and underline format is as follows: Section 4.4.15 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POC District: (1) Restaurants. when ;* ;-' '~ '-" ;'- '- ~"" *'- ~'" = p'-~ -'¢ *~' ...... .~ o~, ,..,..,,.~,,-,, .,.,,~ ;.. ,.,.;,-,.-~.a,, '" ;-""*"'~.... .... *,....-,..'~ .,,"""~'+""".,, ?'c,, -'""" *;'"'" de"'-'-"d '-~ POC. excludinq drive-in and drive-throuqh facilities. The effect of the amendment is to allow stand-alone restaurants in the POC that are not limited to primarily serving employees and customers of an associated office center. While it may introduce a somewhat more commercial component to the POC district, in reality the change will probably have little impact. Most of the existing POC parcels (see attached location map) are at least partially developed with office uses, and already have the ability under the existing code to establish a restaurant use. Additionally, enforcement of the existing restrictions is impractical on a long-term basis, in terms of trying to ensure that a restaurant's customer base is limited to office workers. The POC district has a minimum building size of 4,000 square feet, and requires that structures be architecturally integrated with each other. Individual buildings must also have direct access to and from other portions of the development. These requirements will help to ensure that any restaurants that are established will function as part of the overall POC, even if they cater to a wider clientele. The minimum building size and prohibition on drive-through lanes will virtually eliminate the possibility that a typical fast P& Z Board Memo Report LDR Amendment--Restaurants in the POC Page 3 food restaurant could be established in a POC. Also, the fact that restaurants can only be approved through the Conditional Use process will provide additional opportunities _to limit and control any negative impacts on adjacent properties. If the text amendment is approved, the new restaurant tenant for the Rod and Gun Club property must apply for Conditional Use approval to reestablish the use. There are no POC-zoned parcels located in areas falling under the review authority of the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), or Historic Preservation Board (HPB). Courtesy notices were sent to the following: · Progressive Residents of Delray (PROD) · President's Council · Chatelaine Homeowner's Association · The Hamlet · Greensward Village (in The Hamlet) I. ^ s s E s s~M E N ~NO 'C.O N C Lu'iS ~ O'N~~'' II This amendment is a relatively minor change that will mainly impact the Rod and Gun Club property. It will provide a mechanism to lawfully reestablish the former restaurant use, without rezoning the property to a category that would allow uses that may be incompatible with surrounding development. It will have little impact on other POCs, since the ability to establish restaurants in conjunction with existing office developments is already in the code. While it does not specifically fulfill an objective or policy of the Comprehensive Plan, it is not inconsistent with anything in the Plan. i , ,, RECOiMMENDED~ACTION J By motion, recommend that the City Commission approve the proposed amendment to allow "Restaurants, excluding drive-in and drive-through facilities" as a Conditional Use in the POC district, based upon positive findings with LDR Section 2.4.5(M)(5). Attachment: · Location Map of POC-Zoned Parcels s:planni/P&Z/LDRRestaurantsPOC CITY OF DELRAY BEACH, FLORIDA PLANNING & ZONING DEPARTMENT - ATI,Ak'WC MAP OF POC-ZONED PARCELS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ~rv~ SUBJECT: AGENDA ITEM !~. ~. - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO. 31-99 (ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 99-2) DATE: NOVEMBER 12, 1999 This is the second reading and a public heating for Ordinance No. 31-99 which adopts Comprehensive Plan Amendment 99-2. This amendment generally focuses on updating the work program in the Comprehensive Plan, updating the status of various objectives and policies, amendments to the Furore Land Use Map associated with the Southridge/S.W. 4'h Avenue Redevelopment Plan, and miscellaneous corrective and housekeeping items. A summary of the items included in the Plan Amendment is attached. The CiD' Commission initiated Comprehensive Plan Amendment 99-2 on August 3, 1999. First reading of Ordinance No. 31-99 and the transmittal hearing were held on August 17, 1999, xvith the Commission voting unammously to transmit the amendment to the Department of Communiu' Affairs (DCA) for review. DCA completed its review and returned the amendment to us with no ORC (Objectives, Recommendations, Comments) report. Hence, it is ready for adoption. Recommend approval of Ordinance No. 31-99 adopting Comprehensive Plan Amendment 99-2 on second and final reading. Ref:Agrnemo.Cornp.Plan Amendment 99-2.Ord31-99 A brief description of the items included in Comp Plan Amendment 99-2 is as follows: Future Land Use Map amendments associated with the Southridge/SW 4th Ave. Redevelopment Plan, including: RDA-3 (Redevelopment Area #3) to Low Density (+/- 13.95 acres) · RDA-3 Redevelopment Area #3) to Commerce (+/- 7.91 acres) · RDA-3 (Redevelopment Area #3) to Industrial (+/- 26.71 acres) · RDA-3 (Redevelopment Area #3) to Transitional (+/- .05 acres) · MD (Medium Density Residential) to Community Facilities-School (+/- 3.97 acres) Future Land Use Element · Modification of Policy C-2.5 (Southridge/SW 4th Avenue Redevelopment Area): The amendment acknowledges the adoption of the Redevelopment Plan along with the requirement that all future development be consistent with the Plan. · Modification of Policy C-1.4 (North Federal Highway Corridor): The amendment acknowledges the adoption of the Redevelopment Plan along with the requirement that all future development be consistent with the Plan. · Change to Table reference on Page FL 45: The reference to Table L-6 is incorrect and is being changed to Table L-7. Housing Element · Modification of the Residential Neighborhood Categorization Map: This map is being modified in the vicinity of Atlantic Avenue and the Atlantic Ocean to exclude areas which are currently commercial areas and are labeled as Stable Residential Areas. Transportation Element · Modification of Table T-1 (Street Network Classification): Changes include: elimination of items under the heading "Improvement Schedule" which have been accomplished; modification of items under "Improvement Schedule" to reflect current improvement schedules; or removal of references to superseded traffic plans (2015 plans). The revision also includes a change in the ultimate right-of-way width for Atlantic Avenue between Swinton Avenue and NE 5th Avenue to between 60'and 66' and a change in ultimate laneage for Lake Ida Road. The reduction for Atlantic Avenue corresponds with the existing right-of-way widths and building setbacks, while the revised Lake Ida laneage reflects scheduled roadway improvements. M.ap Series (Introduction, Future Land Use and Transportation Elements) · Modification of maps to delineate the new city boundaries, reflecting the recent annexations west of Military Trail. S:\adv\cornp\992cctran2 MEETING OF: August 16, 1999 AGENDA ITEM: V.G. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 99-2 The item before the Board is that of recommending to the City Commission transmittal of Comprehensive Plan Amendment 99-2 to the Florida Department of Community Affairs. The City Commission initiated Comprehensive Plan Amendment 99-2 on August 3, 1999. The items, which are included in the Plan Amendment, include five amendments to the Future Land Use Map relating to the Southridge/SW4th Avenue Redevelopment Plan, several text amendments, and modifications to exhibits (maps and tables). Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment: Future Land Use Map amendments including: · City initiated Future Land Use Map amendment for 13.95 +/- acres from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential). · City initiated Future Land Use Map amendment for 7.91 +/- acres from RDA-3 (Redevelopment Area #3) to CMR (Commerce). · City initiated Future Land Use Map amendment for 26.71 +/- acres from RDA-3 (Redevelopment Area #3) to I (Industrial) · City initiated Future Land Use Map amendment for .05 +/- acres from RDA-3 (Redevelopment Area #3) to TRN (Transitional). · City initiated Future Land Use Map amendment for 3.97 +/- acres from MD (Medium Density Residential) to CF-S (Community Facilities- School) Text amendments including: Future Land Use Element Modification of Future Land Use Element Policy C-2.5 noting the completion of the Southridge/SW 4th Avenue Redevelopment Plan. P&Z Board staff report Comprehensive Plan Amendment 99-2 Page 2 · Modification of Future Land Use Element Policy C-1.4 noting the completion of the Federal Highway Redevelopment Plan. · Update of the map series within various elements to reflect municipal boundary changes. · Correction of a reference to Table L-6 on page FL-40 (the correct reference is Table L-7). Housing Element · Modification of the Residential Neighborhood Categorization Map in the Housing Element to clarify the boundaries between the downtown commercial uses and adjacent stable residential neighborhoods. Transportation Element · Corrections to Table T-1 of the Transportation Element to reflect existing right-of- way widths, and modified or completed improvement schedules. RECOMMENDED ACTION: By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 99-2, containing the material in the staff report and attachment. Attachment: · Proposed Comprehensive Plan Amendment 99-2 SSadv\comp\992PZ1 ORDINANCE NO. 31-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL1C, SY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENS1WE PLAN AMENDMENT 99-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENEtLSL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, knoxvn as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the Cit-5, Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entided "Comprehensive Plan Amendment 99-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due pubhc notice, held a pubhc hearing on August 16, 1999, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission.that the proposed Comprehensive Plan Amendment 99-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 99-2 was submitted to and reviexved by the City Commission; and WHEREAS, following due public notice, the f~rst of two required public hearings on Comprehensive Plan Amendment 99-2 was held by the City Commission on August 17, 1999, at which Urne it xvas authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, the State Department of Community Affairs completed its review of Comprehensive Plan Amendment 99-2 and returned the Amendment with no report of Objections, Recommendations and Comments (ORC); and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 9%2 was held on November 16, 1999, 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 City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. 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 99-2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 99-2". Section 4. That should an), section or provision of this ordinance or an)' portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validiu, of the remainder hereof as a xvhole or part thereof other than the part declared to be invahd. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S., or the date a final order is issued by the Admimstration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the 16th da)' of November, 1999. ATTEST: ..... CitT ~le'rk ~] ' - First Reading August 17, 1999 (Transmittal Hearing) Second Reading November 16, 1999 (Adoption Hearing) -2- Ord. No. 14-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'?/A'/~ SUBJECT: AGENDA ITEM #/i0 ~ - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO. 43-99 (REZONING FOR BORTON MOTORS) DATE: NOVEMBER 10, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 43-99 which rezones Lots 37 and 38, Delray Beach Estates, from GC (General Commercial) District to AC (Automotive Commercial) District. The subject properU, is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships, and contains 2.23 acres. The xvest half of Lot 37 is developed and is occupied by Bushey's Religious Supply store. The balance of Lot 37 is vacant.. Lot 38 is also developed and was most recently occupied by Antique Market Place, a flea market. The buildings were vacated in 1998, however, and remain vacant. Both properties were developed while under Palm Beach Count), jurisdiction. On March 22, 1994, both lots were annexed into the City pursuant to the ELMS III legislation [F.S. 171.046(2)(a)] with initial zoning of GC (General Commercial). The rezonmg to AC (Automotive Commercial) is sought to allow the demolition of the existing structures and incorporation of the two lots into the existing Borton Volvo and Volksxvagen dealerships. The Planning and Zoning Board considered the proposed rezonmg at a public heating on October 18, 1999. There xvas no public testimony, and the Board voted unammously to recommend that the rezonmg be approved. At fn:st reading on November 2, 1999, the Cit3, Commission passed Ordinance No. 43-99 by unanimous vote. Recommend approval of Ordinance No. 43-99 on second and final reading, based upon positive findings and the recommendation of the Planmng and Zoning Board. Ref:Agmemo21.Ord.43-99.Rezoning for Borton Motors ORDINANCE NO. 43-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 37 AND 38, DELRAY BEACH ESTATES, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY IMMEDIATELY NORTH OF THE BORTON VOLVO/VOLKSWAGEN DEALERSHIPS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of October 18, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and vo~ed unanimously to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Lots 37 and 38, DELRAY BEACH ESTATES, according to the Plat thereof as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships; containing 2.23 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of November , 1999. ATTEST: First Reading November 2, 1999 November 16, 1999 Second Reading - 2 - Ord. No. 43-99 !11 / GULF STREAM BOULEVARD STREAM RM',i I / T£NNI$ CO'JR TS // [ WAY '~ "~' CANARY F O~ T~LL F,,'EL D VENJE AL VDL V3 N.E ~ 22ND ST ~.E 2~ M.b.A. T~,~ DELRA Y N.E. 20T~ / C KOKOMO ~ ~ - REZONING - c-~ o= ~:~R,~ ~c.. ~. FROM: GC (GENE~ COMMERCIAL) TO: AC (AUTOMOTIVE COMMERCIAL) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 18, 1999 AGENDA ITEM: V.B. ITEM: Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a Parcel of Land Located on the East Side of North Federal Highway, Immediately North of the Borton Volvo/Volkswagen Dealership. Owner.. Maw Me~shel & Edaar Bushey, ~ > ~ ~ :~'~ ~" Ao~n[ ...................................... Roger SabersDn . Applicant ................................. K?II Bergh & Loren Sheffer Location .................................. East side of No~h Federal , Highway, immediately no~h of the , Prope~y Size.. 2.23 Acres Land Use Map DesignatiD~ .... General Commercial . ,, Existing City Zoning ................ GC (General Commercial) Proposed City Zoning ............. AC (Automotive Commercial) -- ~': ~:'= ;,~ Adjacent Zoning ............No~h: GC ~ast: Town of Gulf Stream - RS (Singie .' ' ,';,,, West: GC ¢ . . .... Existing Land Use .................. Vaca% building used for storage / -~; i~'~' - of furniture, furnishings, equipment and other personal items & Bushey's Religious Store Proposed Land Use ................ Rezoning of the parcels from GC to AC to be incorporated as ~f the existing automobile dealership (Boron .......... ' Valvo,~olkswaoen) Water Se~ice ......................... n/a Sewer S~ ........................... n,"a V.B. I T E M b E f O R E ::.T: H E.:; B'O'A:R:D:':;.,.: ' The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GO (General Commercial) to AC (Automotive Commercial) for Borton Motors, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property is located on the east side of North Federal Highway, approximately 1,750 feet north of Allen Avenue, just north of Borton Volkwagen. The proposal incorporates Lots 37 and 38, Delray Beach Estates, and contains approximately 2.23 acres. The west half of Lot 37 is developed and is now occupied by the Bushey's Religious Store. The remaining portion of Lot 37 is vacant. Lot 38 is developed, however the buildings were vacated in 1998, and was most recently occupied by Antique Market Place (flea market). Both properties were developed while under Palm Beach County jurisdiction. On March 22, 1994, both lots were annexed into the City pursuant to ELMS III legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. Nos. 15- 94 and 16-94). ' '- :: P:ROJ,E CT:: D;E:$:CRI P,T The proposal is to change the zoning designation of the property from GC (General Commercial) to AC (Automotive Commercial). The rezoning to AC will allow the demolition of the existing structures and will be incorporated with the existing Borton Volvo and Volkswagen Dealerships. ' ' .:ZO:NIN'G: : REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use I~ap, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. P & Z Board Staff Repod Rezoning from GC to AC for Borton Motors Page 2 FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a General Commercial Future Land Use Map designation and is currently zoned GC (General Commercial). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial land use designation. The proposal is to incorporate the subject parcels within the existing dealerships. Pursuant to the LDR Section 4.4.10(B)(1)., within the AC zone district, full service automobile dealership is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: F3 Water service can be easily accommodated via a service lateral connection to the existing 12" water main along the east side of Federal Highway. Adequacy of fire suppression will be evaluated during the site plan review process. [] Sewer service is available via a service lateral connection to the existing 10" main along the east side of Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning' request drainage plans are not required. The site is primarily developed with existing structures on the south and northwest sides of the property. The rezoning will not negatively impact this existing situation. The proposal involves demolition of the existing structure and integration with the dealerships to the south. With a site plan submittal, drainage plans will be required. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. P & Z Board Staff Repo,t Rezoning from GC to AC for Borton Motors Page 3 Traffic: As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed automotive use under the AC zone district will be equal to or less than that generated by the commercial uses allowed under the GC zone district. The development of the property under the AC zone district should not create an adverse impact on this level of service standard. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Land Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall apply: 1. Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2. Automobile dealerships shall not locate and/or expand in the following areas: [] Within the CBD zone district; P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 4 -.- West side of Southbound Federal Highway between George Bush Boulevard and SE 10th Street; [] East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; [] On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of NE 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3. Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4. Automobile dealerships shall be directed to the following areas: i~ North of George Bush Boulevard, between Federal and Dixie Highways; [] East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; ~ South of Linton Boulevard, between Federal and Dixie Highways; [] Between the one-way pairs (Federal Highway) from SE 3rd Street to SE 10th Street; and from NE 5th Street to George Bush Boulevard; Q On the north side of Linton Boulevard, between 1-95 and SW l0th Avenue, and along Wallace Drive. 5. Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commercial areas. if the rezoning is approved, the subject property will be incorporated within the existing full service automobile dealerships. The development proposal is consistent with this Policy as the subject property is located east of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market. Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999:'The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the are must be in accordance with the provisions of the Redevelopment Plan. The North Federal Highway Redevelopment Plan was adopted by the City Commission on March 16, 1999. The proposal will provide economic stimulation P & Z Board Staff Report Rezoning fr?..m GC to AC for Borton Motors Page 5 and investment in the area and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhood to the south and should be an inducement to redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan. Transportation Element Table T-1 Pursuant to the County's Thoroughfare Map and Transportation Element Table T-1 of the City's Comprehensive Plan, the ultimate right-of-way width for this section of Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the site plan submittal, a right-of-way dedication of 10' must be provided from the subject property. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is partially developed. The existing structures will be demolished and automobile dealerships expanded. The proposal fulfills the needs identified as part of the North Federal Highway Redevelopment Plan. The proposed zoning of Automotive Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the east. This policy will be further addressed at the time of site and development plan review. Section 3.2.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The propo, sed AC zoning is not considered strip commercial zoning. The site contains 2.23 acres and is to be incorporated with the existing automobile dealerships. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 6 regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and west are zoned GC (General Commercial); to the south is zoned AC (Automotive Commercial); and, to the east the properties lie within the Town of Gulf Stream and is zoned RS (Residential Single Family). The surrounding land uses are as follows: to the north is Delray Pawn Shop; south is Borton Volkswagen, a full service automobile dealership; to the east are two single family homes associated with the Place Au Soleil subdivision in the town of Gulf Stream; and to the west, across Federal Highway, is Badcock Home Furnishing Center. Compatibility with the adjacent properties is not a concern as the property is bordered on the north, south and east by commercial uses. With regard to the residences to the east, there is an existing 6' chain link fence along the east side of the property. Sufficient regulations currently exist i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses Itel. LDR Sections 4.6.4(A) and 4.4.10(G)(4)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences and location restrictions with respect to certain aspects of an automotive dealership use. It should be noted that the current dealership has existed adjacent to this neighborhood for many years with no concerns. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 7 --- ''The reasons for which the rezoning is being sought is based upon Item"b" and "c". Due to the acquisition of the subject property by BoRon Motors, Inc. and the fact that the subject property is immediately abutting the existing BoRon Motors dealerships there has been a change in circumstances which makes the current zoning inappropriate. The subject property is not intended to be used as a separate independently used property but instead is to be used as a part of the existing dealerships. The proposed use is consistent with the designation of the subject property on the Future Land Use Map and is of a similar intensity to other uses which are allowed within the GC designation. Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Automotive Commercial Development Standards [LDR Section 4.4.10(F)] Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres While the proposal is to expand the auto dealerships, it is still appropriate to review the above code section. The property has 200 feet of frontage and width, 521.94 feet of depth (average), and 2.23 acres, thus exceeding the minimum site dimensions and area of the AC zone district. In addition to the above, the AC zone district has special requirements regarding outdoor display ..areas, lighting, use and operating restrictions, bullpen parking areas, and location of service areas as they relate to residential property. Future development of the site must comply with these requirements. Special Landscape Setback In conjunction with the design standards established in the North Federal Highway Redevelopment Plan and the recent text changes to the Land P & Z Board Staff Repo,~ Rezoning from GC to AC for Borton Motors Page 8 Development Regulations, a minimum front building setback of 5' from the ultimate right-of-way is established. The maximum building setback shall be 15' unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Submission Requirements The ownership of Bushey's Religious Store is in the process of being changed. Ownership documentation as required in LDR Section 2.4.3(A) shall be provided prior to final action by the City Commission. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of October 14, 1999, the CRA reviewed and recommended approval of the rezoning request. Adjacent Municipalities Notice of the rezoning has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] La Hacienda Homeowners Association [] Seacrest Homeowners Association [] North Palm Trail Homeowners Association [] PROD Q President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. SS E S:SMEN T!~?A:, N:D; C The rezoning from GC (General Commercial) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the P & Z Board Staff Report Rezoning from GC to AC for Borton Motors Page 9 --- Land Development Regulations. The proposal is consistent with the North Federal Highway Redevelopment Plan as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the expansion of full service automobile dealership as a permitted use under the AC zoning district. A. Continue with direction. B. Recommend approval of the rezoning request from GC to AC for Borton Motors, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from GC to AC for Borton Motors, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. STAFF: RECOMM "; Recommend to the City Commission approval of the rezoning from GC to AC for Borton Motors, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attach merits: ~ Location/Zoning Map [] Boundary Survey This Staff Report was prepared by: Jasmin Allen, Planner FROM: DIANE DOMINGUEZ, PLANNING AND ZO SUBJECT: MEETING OF NOVEMBER 16, 1999 AMENDMENT TO LDR SECTION 4.4.24 (OSSHAD ZONING DISTRICT), REGARDING USE AND DEVELOPMENT STANDARDS FOR LOTS 19-24, BLOCK 69, ASSOCIATED WITH THE WORTHING PLACE DEVELOPMENT A proposal has been submitted by the developers of Worthing Place (Block 77) to construct a parking garage on three lots located on the west side of SE 1't Avenue, between Atlantic Avenue and SE 1=t Street. This area is currently zoned OSSHAD (Old School Square Historic Arts District). The OSSHAD zoning allows parking lots but does not specifically list parking garages/structures as a permitted use. Additionally, the required 25' front setback makes the construction of a garage practically infeasible in this area. There are several lots within the OSSHAD zoning distdct that can be developed pursuant to the permitted uses and height/setback requirements of the CBD (Central Business District) zoning. This amendment would add Lots 19-24, Block 69 to that list of lots. The CBD allows parking garages as a permitted use, and requires only a 10' front setback. The amendment will allow for a use and development pattern that is more consistent with the rest of the downtown. Development of the lots will remain subject to review by the Historic Preservation Board. Additional background and a full analysis of the request, as well as location maps, are contained within the attached Planning and Zoning Board staff report. The Historic Preservation Board (HPB) considered this amendment at its meeting of November 3, 1999. The Board voted unanimously (5-0) to recommend approval of the amendment. The Planning and Zoning Board will consider the amendment at its meeting of November 15, '1999. The Board's recommendation will be presented to the City Commission during their consideration of this item. By motion, approve the attached ordinance amending LDR Sections 4.4.24(B)(9) and (F)(1), adding Lots 19-24, Block 69, to the list of lots in the OSSHAD zoning district that may be developed pursuant to certain standards of the CBD. Attachments: ~ $'~ ~ · Ordinance ~~11 J · P&ZBoard 1~ Iclc~ L lo.D MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~7/L'/~ SUBJECT: AGENDA ITEM #/0 E - REGULAR MEETING OF NOVEMBER 16, 1999 ORDINANCE NO. 46-99 (DESIGNATING FELLOWSHIP HALL AT FIRST PRESBYTERIAN CHURCH AS LOCAL HISTORIC SITE) DATE: NOVEMBER 10, 1999 This is second reading and a public hearing for Ordinance No. 46-99 which designates the Fellowship Hall of the First Presbyterian Church of De[ray Beach as a local historic site to be listed in the Local Register of Historic Places. The Fellowship Hall is located at 36 Bronson Street on property legally described as Lots 16, 17, 18 & 19, Block 3, Ocean Park Subdivision, recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County. Constructed in 1924 in the Mediterranean Revival architectural style, this was the first church to be built east of the Intracoastal Waterway. Located on Bronson Street one block south of Atlantic Avenue, the structure was originally the sanctuary for the Gibson Memorial Baptist Church. It was purchased by the Presbyterian congregation in 1928 and was renamed the Community Presbyterian Church. It remained the Presbyterian sanctuary until the new church at 33 Gleason Street was constructed in 1977, just to the west of the subject property. After the construction of the new sanctuary-, the building became the congregation's Fellowship Hall. The building is noted for its symmetrical front facade which consists of an arched entranceway with large double doors flanked by fluted pilasters crowned with an impressive cornice. Square bell towers xvith domed roofs anchor the two front comers. A decorative curved parapet, with a molding trimmed cap, connects the bell towers. The building was designed and built by Fred J. Shrader who established a contracting business in the city in 1911. His inspiration came from a church he had seen in Florence, Italy. However, the lack of exterior embellishment gives the building a strong resemblance to the Mission style churches brought to the southwest by the Spanish explorers. A garden, accessible through doors on the north wall of the building, is included in the designation. The building has recently undergone extensive repair and restoration which will insure its structural integrity for generations to come. The Historic Preservation Board considered the historic designation at a public hearing on October 20, 1999, and voted unanimously to recommend approval. At first reading on November 2, 1999, the City Commission passed Ordinance No. 46-99 by unanimous vote. Recommend approval of Ordinance No. 46-99 on second and final reading. RefiAgmemo21.Ord.46-99.Historic Designation.Fellowship Hall.First Presbyterian Church ORDINANCE NO. 46-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE FELLOWSHIP FLAI.IJ OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH LOCATED AT 36 BRONSON STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DEL1L~,Y BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY ~L~NNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CL~XUSE, AND AN EFFECT1TE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the Cit3' of Delrav Beach provides for the designation and protection of historic sites; and WHEREAS, the First Presbyterian Church of Delray Beach, 33 Gleason Street, initiated the nomination of the Fellowship Hall for historic designation, and a designation report was subsequendy prepared; and WHEREAS, the Historic Preservation Board held a dub' noticed public hearing in regard to the histonc designation on October 20, 1999, and voted unanimously to recommend that the propern.' described hereto be designated a local historic site; and WHEREAS, the Cit3,' Commission of the Ci~' of Delray Beach has conducted a duly noticed pubhc hearing in regard to the designation of the properB' described hereto as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CI2~' COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described propert3- in the Cit3, of Delrav Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the Cit3' of Delray Beach, to-wit: THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 & 19, Block 3, OCEAN PARK SUBDI¥ISION, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach Coung', Florida. Section 2. That the Planning Director of said CiD' shall, upon the effective date of this ordinance, amend the Zoning Map of the Ciq' of Dekay Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validit3' of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective Lmmediateh' upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on tins the 1 6th day of November ,1999. ATTEST: · <-Cin, ~l-en{ ' ' First Reading November 2, 1999 Second Reading November 16, 1999 - 2 - Ord. No. 46-99 ~:. '~' c- ] · ~ V~T[~.ANS ~ DE_RAY ~ ~ ' ' PARK ~ ~ - '¥DO ~ CONDO A TLAN TIC ~ ~L~Z~ --',D9 [ j' RIVER A L A N T I C AVENUE ~ ~ ~S- ~ ViRAMA~ S~T ~ ',~ ~ i i DOVER HOUSE ~ ] ' l' ' OCEAN PLACE ' j [~S I I CONDO = I [ i i t WlNDEMERE ~OUSE , , CONDO N ~ FIRST PRESBYTERIAN CHURCH OF DELRAY =,"'" or o--.~.~*" ~-:,,,:,.,. ;. - FELLOWSHIP HALL - ~.ANN~NO Ac ZONINg, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGEP~f]"' '( SUBJECT: AGENDA ITEM # J0 F. REGULAR MEETING OF NOVEMBER 16. 1999 ORDINANCE NO. 44-99 {TOWING SERVICES WITH OUTSIDE STORAGE AS A CONDITIONAL USE IN THE MIC DISTRICT) DATE: NOVEMBER 12, 1999 This is second reading and a pubhc heating for Ordinance No. 44-99 which amends LDR Section 4.4.19(D)(2) to include towing services with outside storage as a conditional use within the Mixed Industrial and Commercial (MIC) zoning district. The text amendment has been requested by Accel Towing. The company wishes to relocate from 1208 Georgia Street to the property at the northwest comer of Georgia Street and Lime Lane, which they currently use for storage. The development proposal for the site includes construction of a perimeter wall, perimeter landscaping, and construction of a building for an office and a shop. In addition to towing services, there will be associated outside storage, auto repair and body work. The request is to allow outside storage associated with towing services. In order to accommodate towing services with associated storage, towing services should be included in Section 4.4.190D)(2) which prohibits outside storage within 150 feet of a property line adjacent to an arterial roadway. This would be similar in impact as parking lots for storage of vehicles and storage of hght construction equipment. In addition, the storage areas are to be screened in a manner approved by the Site Plan Review and Appearance Board. As the storage areas are to be set back 150 feet from the arterial and screened, the concerns with aesthetics is dimimshed. For any property within the MIC district, including those properties that are not located adjacent to an arterial, the storage area is not allowed within the setback areas. Within the MIC district, the setback requirements are 25 ft. front, 25 ft. side street, 10 ft. side interior, and 10 ft. rear. On October 18, 1999, the Planning and Zoning Board held a public heating on the proposed text amendment. There was no public testimony. The Board felt that towing services with no outside storage should still be classified as a conditional use due to the associated company trucks and needed maneuvering areas. After discussion, the Board voted unanimously to recommend that LDR Section 4.4.19(D)(2) be amended to allow Towing Seraqces with outside storage as a conditional use in the MIC zoning district. At first reading on November 2, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 44-99 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. RefiAgmemo21.Ord.44-99.Towing Services in MIC ORDINANCE NO. 44- 99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING SUBPARAGRAPH 4.4.19(D) (1) (c) AND BY ADDING A NEW SUBPARAGRAPH 4.4.19(D) (2) (f) TO ALLOW ~TOWING SERVICES WITH OUTSIDE STORAGE' AS A CONDITIONAL USE IN THE MIC ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on October 18, 1999, and voted unanimously to recommend adoption of the proposed amendment; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", Subparagraph 4.4.19(D) (1), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: (a) Kennels, no on-site disposal of carcasses; (b) Material and component recovery for reuse, such as the disassembly and resale of computer components, appliances, and electrical components. This does not include resource recovery facilities as described and regulated by Section 4.3.3(Z); (c_~) Automobile paint, body and repair shops; (de) Boat repair and service; (e~) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3(A) Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", Subparagraph 4.4.19(D) (2), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) The following additional uses are also allowed as conditional uses in the MIC zoning district. However, any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95): (a) Lumberyards; (b) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; - 2 - Ord. No. 44-99 ii c) Storage and rental of light construction equipment not over twenty-four feet ! (24'), eight feet (8') wide, and ten feet (10') high; d) Monument and ornamental stone cutting; ii e) Rental and sales of modular buildings~; !i and f) Towing services, with outside storage· Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed· Section 4 That should any section or provision of this · ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of November , 1999. ATTEST: First Reading November 2, 1999 Second Reading November 16, 1999 - 3 - Ord. No. 44-99 PLANNING AND ZONING BOARD MEMoRANDuM STAFF REPORT MEETING DATE: OCTOBER 18, 1999 AGENDA ITEM: V.H. - AMENDMENT TO LDR SECTION 4.4.19(B) AND (D) REGARDING TOWING SERVICES IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL ZONING DISTRICT ITEM BEFORE THE' BOARD,,,, ,. ~ I The item before the Board is that of making a recommendation to the City Commission regarding an LDR text amendment to Section 4.4.19(D) Mixed Industrial and Commercial (MIC) zoning district, Conditional uses and Structures Allowed, to add "towing services with outside storage" as a conditional use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. At the time of preparation of the Land Development Regulations (LDRs), there were discussions regarding the types and intensity of uses allowed in the MIC zone district, as well as the poor condition of several developments within the district. The concerns related to the uses along the Congress Avenue corridor. With the adoption of the LDRs in October 1990, the MIC zone district accommodated only those industrial uses that which were allowed as principal uses in the I (Industrial) zone district. There were no conditional uses listed. As such, the conditional uses previously established prior to adoption of the LDRs became nonconforming. One of these uses was GELCO modular trailers located at 200 N. Congress Avenue. It was the consensus of the Planning and Zoning Board and City Commission that some conditional uses should be allowed in the MIC zone district. On January 29, 1991, the City Commission approved an LDR amendment to add 8 conditional uses to the MIC zone district as follows: 1. Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; 2. Kennels, no on-site disposa! of carcasses; 3. Lumberyards; 4. Monument and ornamental stone cutting; 5. Rental and sales of modular buildings; 6. Resource recovery facilities, pursuant to the provisions of 4.3.3(Z); 7. Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; and, 8. Towing services and attendant storage. Planning & Zoning Board Staff Report Towing Services in the M~C Zone District - LDR Text Amendment Page 2 In June, 1994, both the Planning and Zoning Board and the City Commission rejected a proposal to rezone several parcels along Congress Avenue from MIC to LI, and opted instead to consider changes to the development standards. In October, 1994, the MIC district regulations were amended to require that all uses be conducted completely within an enclosed building, except for approved outside storage which must be screened from view. In November, 1995, the district regulations were amended to add "Interior Design and Furnishings" as permitted use. In 1996, the City Commission directed staff to again review the allowable uses in the MIC district, particularly as they relate to the intensity of uses in the Congress Avenue corridor. At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated amendments to the MIC district regulations. The purpose of the amendment was to allow for uses that would create opportunities for a broad mix of businesses to operate in a clean and controlled environment, benefiting from the synergy of a well-mixed business climate. It clarified the intended goal of the district and attempted to improve the aesthetics along arterial roadways such as Congress and Atlantic Avenues. In addition, the amendment sought to eliminate or severely restrict uses that would detract from these opportunities. With the text amendment, towing services were to be deleted from the list of allowable conditional uses due to their overall negative impacts related to the outside storage of such "inventory" as wrecked cars. It was identified that by doing so, two towing companies would become nonconforming. During the Planning and Zoning Board public hearing on July 21, 1997, the Board felt that towing services with no outside storage should be allowed as a conditional use, if they were not on arterial streets. Thus, towing services with no outside storage was to be added. In addition, autornobi/e paint, body and repair, and boat repair and service were added as conditional uses, and resource recovery facilities deleted. At its meeting of September 23, 1997, the City Commission approved the text amendment which included towing services, with no outside storage. In addition, for those conditional uses that allow outside storage, a special provision was added to exclude that storage from being located within 150' of an arterial roadway (except 1-95). PROPOSED LDR TEXT AMENDMENT / DEVELOPMENT PROPOSAL An amendment to the MIC zone district regulations has been requested by Accel Towing who wishes to relocate from 1208 Georgia Street to the property at the northwest corner of Georgia Street and Lime Lane, which they currently use for storage. A site inspection was conducted and it appears the property is being used as a junkyard with vehicles parked and stored in the right-of-way. There is currently a Code Enforcement case pending (#97- 00036238) for the property as the applicant is pursuing approval to improve the site to accommodate the proposed towing service. The development proposal for the site includes construction of a perimeter wall, perimeter landscaping, and construction of a building for an Planning & Zoning Board Staff Report Towing Services in the MIC Zone District - LDR Text Amendment Page 3 .... office and a shop. In addition to towing services, there will be associated outside storage, auto repair and body work. The request is to allow outside storage associated with towing services. Thus, the proposed text amendment is to eliminate Section 4.4.19(D)(1)(c) (Towing services, with no outside storage) and add 4.4.19(D)(2)(f) (Towing services, with outside storage). LDR TEXT AMENDMENT ANALYSIS LDR Section 2.4.5(M)(5) (Findinqs): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Towing services, with no outside storage [ref. LDR Section 4.4.19(D)(1)(c)] is allowed in the MIC zone district as a conditional use, and towing service, with associated storage is allowed as a conditional use in the I (Industrial) zone district [ref. LDR Section 4.4.20(D)(18)]. Pursuant to the LDRs, towing services with attendant storage facilities, is defined as a business whose primary service is the towing and storage of motor vehicles, and does not include the towing of motor vehicles incidental to an automobile repair facility. Motor vehicles meeting the definition of "inoperable" per Delray Beach Code of Ordinances Section 90.01 must be turned over to a licensed junkyard within 72 hours unless housed within an enclosed building. As previously stated, "towing services with outside storage" was eliminated from the MIC as an allowable use due to the overall negative impacts related to the outside storage of wrecked vehicles. In some instances, these types of uses eventually become junkyards and vehicles are stripped for parts. Junkyards are allowed as a conditional use in the I (Industrial) zone district. Most of the towing services that do exist typically store the vehicles indoors or transfer them to repair facilities or junkyards within a few days. In order to accommodate towing services with associated storage, towing services should be included in Section 4.4.19(D)(2), which prohibits outside storage within 150' of a property line adjacent to an arterial roadway. This would be similar in impact as parking lots for storage of vehicles, and storage of light construction equipment. In addition, the storage areas are to be screened in a manner approved by SPRAB (Site Plan Review and Appearance Board). As the storage areas are to be set back 150' from the arterial and screened, the concerns with aesthetics is diminished. For any property within the MIC district, including those properties that are not located adjacent to an arterial, the storage area is not allowed within the setback areas. Within the MIC zone district, the setback requirements are: 25' front, 25' side street, 10' side interior, and 10' rear. If the inoperable vehicles are not transferred within 72 hours, then the site is classified as a junkyard, which is not permitted in the MIC zone district. "Towing services with no outside storage" would be eliminated as a conditional use, and could possibly be added as a permitted use in the district. Planning & Zoning Board Staff Report Towing Services in the MIC Zone District - LDR Text Amendment Page 4 The applicant could have applied to rezone the property to I (Industrial), however, there does not appear to be a clear basis for rezoning. The proposed text amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. I The proposal is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Courtesy Notices: A special courtesy notice was provided to the following civic and homeowner's associations: · Chatelaine · Rainberry Bay · High Point Section I · Rainberry Lake · Greensward Village · Villas of Rainberry Lake · Hanover Square · Sherwood Forest · The Hamlet · The Sudan · Pines of Delray North · Windycreek · President's Council · Woodlake · Progressive Residents of Delray (PROD) · Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. RECOMMENDED ACTION By motion, recommend to the City Commission that LDR Section 4.4.19(D)(2)(Conditional Uses and Structures Allowed) be amended to include towing services with attendant outside storage, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Proposed Amendment · Zoning Map · Request Letter GULf STREAM BLV"D CITY OF DELRM BELCH, FLOBIDI L-30 CANAL i i ~ LAKE IDA ROAD / E:z:z:.j. ,...- ..... -, _ 1~}/ -,.. · ~ _,,- ..... ~, ~J'~----_' ---- L._..2L ; . ATLANTIC AVENUE ~ON BDULEVARD S~E ~ MIC ZONING DISTRICTS PLANN~NC, D:'PA~TMENT MAP REV: LMA42 l.eril I rll ier pl - ing and zoning consult'-,ts rezoning concurrency conditional use special exceptions DRC site plan approval annexations comp plan amendments, August 24, 1999 variances (county, state, municipal) Diane Dominguez, Planning & Zoning Director abandonments City of Delray Beach palm beach broward 100 NW l't Ave. dade & Delray Beach, FL 33444 all counties & cities HAND DELIVERED in florida RE: Amend Land DeveloDment Code - in MIC Zoning District Section 4.4.19 {D) (1) (c) -Towing services with no outside storage, Dear Diane; This letter is with regard to our meeting June 1, 1999 (with Jeff Costello attending), when we discussed the possibility of rezoning Accel Towing on Georgia Street. I informed you there would be a new owner and that the operation would be moving from their current location in the warehouse at 1208 Georgia Street to the lot they use for storage on the northwest corner of Georgia Street and Lime Lane. They are planning to construct a wall around the property, landscaping the perimeter and constructing a building for an office and shop. They will be doing auto repairs, bodywork ~nd storing towed vehicles. We discussed the possibility of rezoning the property from MIC to IL. You said that could be done but since a Towing Company with no outside storage is already allowed in the MIC Zoning District, it would make better sense for MIC to include outside storage, as does the IL Zoning District. In the Mixed Industrial and Commercial District an exception has already been made to allow outside sterage associated with the certain uses. Lumberyards; Garages and lots for parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; Rental and sale of modular buildings. The outside storage must not be located within one 9 northeast 16th street * delray beach, florida 33444 * (561) 265-4983 * fa~[ ~5[~ro265-46.1.,%;,~,~ ..,¢ ~'1~~ hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95). A case can be made to eliminate (c) in Section 4.4.19 (D) (1) and ad a letter (f) to Section 4.4.19 (D) (2) to allow Towing services with outside storage. Therefore, I am requesting an amendment be made to LDR Section 4.4.19 (D) (1) (c) be changed by eliminating the (c) and adding an (f) to Section 4.4. ! 9 (D) (2) to allow Towing Services, with outside storage, as conditional use. I have enclosed a check in the amount of $500.00 which is the fee for this request. If any additional information is required please contact me as soon as possible. ~//'Beril Kr~ BK/cl ~ CC: Lane Strobel Enclosure CI~COMM!SS!ON I TO: DAVID T. HARDEN, CITY MANAGER ~:~,,~ ~ THRU: DIANE DOMINGUEZ, DIRECTOR OF PI.~ANNING A, I~'Z~,/I~~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLAN~ SUBJECT: MEETING OF NOVEMBER 16, 1999 REZONING FROM R-'I-A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF NW 2ND AVENUE~ APPROXIMATELY 400' sOUTH OF MARTIN LUTHER KING~ JR. DRIVE (NW 2N'D STREET)~ ASSOCIATED WITH THE TENNIS CENTER EXPANSION. I ?AcK° °uND=, I The proposal is to rezone Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.) from R-1-A (Single Family Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the expansion of the existing tennis center (zoned CF) with the addition of two hard tennis courts north of the existing retention area. Associated with this project is a Conditional Use Modification request to allow the tennis center expansion. The conditional use request will be presented to the Commission at second reading of the rezoning, if the rezoning passes on first reading. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING NDZONING OARDCONSIDE~TIO The Planning and Zoning Board will hold a public hearing regarding this item at its meeting of November 15, 1999. Their recommendation along with public comments, if any, will be presented at the Commission meeting. I RECOMMENDED ACTION' I By motion, approve on first reading the ordinance for rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Delray based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of December 7, 1999. Attachments: P & Z Staff Report and Documentation of November 15, 1999 Ordinance by Others J ORDINANCE NO. 48-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43, TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400 FEET SOUTH OF MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of November 15, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The South 52 feet of Lot 14 and all of Lot 15, Block 43, TOWN OF DELRAY, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.W. 2nd Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2nd Street); containing 0.40 acre, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. M A Y O R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 48-99 '~'-~ . " -I I~ ?/ N.E, .3RD Sl. MARTIN LUTHER KING JR. CITY HALL N.£. COMMUNITY CF ~ SQUARE GC ATLANTIC N U E COUNTY COURT r ST. 5. E. 1ST ST. IIIIII~ N DELRAY BEACH TENNIS CENTER EXPANSION ~ - AREA PROPOSED FOR REZONING Pt. ANNING k ZONING DEPARTM[NT FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 15, 1999 AGENDA ITEM: IV.A. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities), in Conjunction with the Expansion of the Delray Beach Municipal Tennis Center. GENERAL DATA: Owner ............................. Tressie Washington, Raymond & Applicant ......................... David T. Harden, City Manager City of Delray Beach, Florida Location .......................... West side of N.W. 2nd AvenUe,approximately 400' south of Martin 0.40 AcreLUther King, Jr. Drive (NW 2"4 St.). Property Size .................. -- Future Land Use Map ..... LD (Low Density 0-5 du/ac) -- E~ c~~~ Current Zoning ............... R-1-A (Single Family Residential) Proposed Zoning .......... CF (Community Facilities) Adjacent Zoning .... North: R-1-A East: CF (Community Facilities) South: CF c~,,~x c~.,~~' COURr West: R-1-A Existing Land Use .......... Two single family residences Proposed Land Use ........ Rezoning of the parcels in conjunction with the expansion of the Delray Beach Tennis Center. Sewer Service ................ n/a. IV.A. ITEM BEFORE THE BOARD J The item before the Board is that of making a recommendation on a City initiated rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for property associated with the tennis center expansion. The subject property is located on the west side of N.W. 2nd Avenue, approximately 400' south of Martin Luther King Jr. Drive (NW 2nd Street), just north of the municipal tennis center. ...... I The City has contracted with the Association of Tennis Professionals (ATP) for a professional tennis tournament, to be held at the tennis center in February of next year. The City's contract with ATP states that 7 hard courts must be provided, and only 4 exist. The balance of the existing courts (15) are clay. In order to fulfill the contract obligations the center court is being converted from clay to a hard court, and two additional hard courts must be provided. Conversion of other clay courts to hard was explored, however the existing clay courts generate the majority of the revenue and are in great demand by tennis center members. In July, 1999, a City-initiated rezoning was processed to rezone the eastem 20' of Lots 1- 12 within Block 36 (.20 acre, 8,800 sq. ft.) from R-1-A (Single Family Residential, Lots 7- 12) and GC (General Commercial, Lots 1-6) to CF (Community Facilities), to accommodate the tennis center expansion. As a tennis center is a conditional use in the CF zoning district, a Conditional Use Modification request to allow the addition was also processed. In conjunction with the rezoning and conditional use requests, a request to close a portion of N.W. 3rd Avenue approximately 140' north of W. Atlantic Avenue to N.W. 1st Street, which would have been utilized as part of the expansion. A pubic hearing regarding these items was held on August 16, 1999. After extensive public testimony in opposition to the request, the Planning and Zoning Board recommended to the City Commission denial of a proposed rezoning, street closure/traffic pattern modification, and Conditional Use modification. The associated applications were subsequently withdrawn. On August 23, 1999, there was a meeting with neighborhood residents and concerned citizens regarding the need to expand the tennis center. Four alternative designs to accommodate the expansion were discussed. The residents rejected the proposals to close or re-route NW 3 Avenue to accommodate the expansion (Alternatives #1 & #3). However, they accepted the alternatives to expand the center to the north (Alternative #2) or to install the courts on the west side of NW 3m Avenue, with no permanent closure (Alternative #4). The City proposed to expand onto a property just north of the existing retention area (Lot 15, Block 43) (Alternative #2). At the Planning and Zoning Board meeting of October 11, 1999, the request to expand onto Lot 15 was continued, as the City was pursuing other alternatives to better accommodate the required drainage retention as well as the tennis courts. The City has negotiated to purchase the property just north of Lot 15 (south 52 feet of Lot 14). The P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 2 contract to purchase the property was approved by the City Commission at its November 2nd meeting. The City now proposes to expand to the north onto two properties just north of the existing retention area. The proposal incorporates Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.). Lot 15 contains a single family house and cottage constructed in 1963, and Lot 14 contains a single family house constructed in 1961. PROJECT DESCRIPTION The proposal is to rezone Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.) from R-1-A (Single Family Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the expansion of the existing tennis center (zoned CF) with the addition of two hard tennis courts north of the existing retention area. A Conditional Use Modification request to allow the addition is also before the Board. ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The FLUM (Future Land Use Map) designation for the subject properties is LD (Low Density Residential 0-5 du/ac) and the zoning designation is R-1-A (Single Family Residential). Pursuant to LDR Section 4.4.21(A), the CF zoning district is deemed compatible with all land use designations shown on the Future Land Use Map. The purpose statement of the CF zone district states that CF zoning is a special purpose zone district primarily intended for facilities that serve public and semi public purposes. The proposed CF zoning to accommodate the Tennis Center expansion is consistent with the LD Future Land Use Map designation. Concurrency: Facilities which are provided by or through, the City 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. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 3 The proposal is to expand the tennis center by a total of 17,424 sq. ft. for the addition of two hard tennis courts. As described below, the impact on the applicable level of service standards should be minimal. Water and Sewer: Water and sewer mains exist within the tennis center facility and no main extensions are necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The two tennis courts are estimated to generate an additional 66 vehicular trips onto the surrounding roadway network. The tennis center complex is located within the City's TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor, which includes the tennis center property. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Solid Waste: The addition of two tennis courts is not anticipated to have any adverse impact on this level of service standard. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN: A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Objectives and Policies were identified. Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Open Space and Recreation Element Obiective A-2: Park and recreation facilities shall be adequately and efficiently provided through the implementation of the following policies: P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 4 Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Public Facilities Element Obiective D-t: Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability of the facility and the City". Capital Improvement Element Obiective A-l: The city shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. The rezoning is being requested to accommodate the expansion of the tennis center with the addition of two tennis courts. The 5 Year Fiscal Schedule within the Capital Improvement Element provides funding ($236,000) for the tennis center in FY 1999-2000. The expansion of the center will enhance the opportunities to gain additional private users, as well as for the City to host additional sporting and entertainment events, which is consistent with the policies and objectives expressed above. Section 3.3.2 (Standards for Rezoning Actions): Standards A-C and E are not appliCable. The applicable performance standard of Section 3.3.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject area is surrounded by the following zoning districts and land uses: to the -north and west are single family residences on properties zoned R-1-A (Single Family Residential); east is City Hall and south is the Tennis Center/Stadium, which are zoned CF (Community Facilities). The subject property is being rezoned to accommodate the expansion of the tennis center and to be consistent with the CF zoning designation of the existing facility. The existing tennis center is screened with a green vinyl coated chain link fence and mature landscape materials. Adequate screening will be required to buffer the expansion from the residential properties to the north and west. The tennis facility has co-existed with the adjacent residential neighborhood for many years, with minimal conflict. There are no concerns with compatibility with existing residences. Based upon the above, positive findings can be made with respect to the applicable performance standards. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 5 Section 2.4.5(D}(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "b". The rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. CF Zone District {Special Regulations): Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. Per LDR Section 4.4.21(H)(2), when this zone distdct is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. In addition to the rezoning, tennis centers are a conditional use in the CF zoning district, and a conditional use modification must be approved to allow the expansion the.tennis center, thereby making the above requirements applicable to this project. The existing tennis center facility is screened with green chain link fence and landscape materials. The expansion should not negatively impact the residential properties to the north and west. Means of buffering the residential properties from the addition will be required to be reviewed at site plan. The buffering will require hedges and a tree every 25'. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF ~ Page 6 REVIEW BY OTHERS CRA (Community Redevelopment Aclency): At its meeting of November 11, 1999, the CRA reviewed and recommended approval of the proposal. SPRAB (Site Plan Review and Appearance Board): If the rezoning and conditional use requests are approved, a site plan modification will be processed which action by the Site Plan Review and Appearance Board. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: · West Settlers Historic District · Delray Merchants Association · Peach Umbrella Association · Paradise Heights Letters of objection or support, if any, will be presented at the P & Z Board meeting. ASSESSMENT AND CONCLUSION The request inVolves the rezoning of the subject properties from R-1-A to CF to accommodate the expansion of the tennis center, as well as to be consistent with the CF zoning classification of the existing tennis center/stadium complex. The proposal is consistent with the policies of the Comprehensive Plan and Chapter of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. The expansion should not negatively impact the residential properties to the north and west. Adequate screening should be provided to buffer the residences, which will be required to be addressed at site plan. The expansion of the tennis center will require submittal of a complete site plan modification application and adherence to the Land Development Regulations. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 7 ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Linton, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. STAFF RECOMMENDATION Recommend to the City Commission approval of the rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Linton, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: Location Map · Existing Zoning Map · Sketch Plan s:~planning&zoning~°&Z~TennisCtrRez.doc hLWJI~ ..... · .., ~~ i " · " ill ; i ~ i '~.:C~~ ~ · ~ ~' ~ ~ - ~ · I ~ ~' ~' ' ........ " ': "' '- "~ '.~.~ · :" -~"' ,"T': '" ; ~ ~'~ '~.;'T¥: '~; ~I I L.V~/' iii DELRAY BEACH TENNIS CENTRE - DOWNTOWN LOCATION ~'- 30'0' ! C of DELRAY BEACH ~NNIS CEN~R ~~ ~ ~~ PHASE IV ~ ~ ~*~ ~v ~ ~ ~ 99-059