10-07-97 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING . 'caCit~
COMMISSION CHAMBERS
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 PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). 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. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
October 7, 1997
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 September 23, 1997
6. Proclamations:
A. National Red Ribbon Celebration - October 23-31, 1997
B. Florida City Government Week - October 19-25, 1997
7. Presentations:
A. RESOLUTION NO. 76-97: A resolution recognizing and commending
Matthew ("Bump") Mitchell for 30 years of service to the City
of Delray Beach.
B. EMPLOYEE SUGGESTION PROGRAM AWARD:
Paul DeCarolis $4,000.00
Industrial Pretreatment Inspector
Environmental Services
C. BRAHM DUBIN - NUVEEN TENNIS TOURNAMENT
8. Consent Agenda: City Manager recommends approval.
A. ACCEPTANCE OF GRANT FROM FLORIDA INLAND NAVIGATION DISTRICT FOR
KNOWLES PARK PROJECT: Approve a project agreement with the
Florida Inland Navigation District (P.I.N.D.) under the
Waterways Assistance Program and accept grant funding for the
boat ramp and restroom project at Knowles Park, with F.I.N.D.
to reimburse the City 50% of construction costs in an amount
not to exceed $77,261, with funding from 334-4179-572-63.90.
2
Regular Commission Meeting
October 7, 1997
B. INDEMNIFICATION AGREEMENT AND HOLD HARMLESS/FIREARM TRAINING
FACILITY: Approve an indemnification agreement and hold
harmless wherein the City agrees to indemnify and hold harmless
Palm Beach County and the Sheriff of Palm Beach County to allow
City employees the use of the Sheriff's Office firearm facility
for training purposes.
C. AGREEMENT FOR CONSTRUCTION OF WATER MAIN/DELRAY OCEAN ESTATES
NORTH: Approve an Agreement for Construction of Water Main at
Delray Ocean Estates North wherein the City agrees to be the
named permit applicant for water main construction activity
within Florida Department of Transportation (FDOT) right-of-way
for State Road A1A.
D. AMENDMENT TO LEASE AGREEMENT/FLORIDA EAST COAST RAILWAY
COMPANY: Approve an amendment to the lease agreement with the
FEC Railway to reduce the number of leased parcels from six to
four, together with a commensurate reduction in the annual
rental fee.
E. AMENDMENT #1 TO CENTER BASED CHILD CARE AGREEMENT WITH THE
SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #1 to
the Center Based Child Care Agreement with the School District
for the City to provide child care services at Pompey Park, the
Community Center and the Delray Full Service Center.
F. AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL (CSC) FOR THE
AFTER SCHOOL PROGRAM: Approve an agreement with the Children's
Services Council of Palm Beach County which provides for
reimbursement to the City from the CSC of up to $90,189 for the
Parks and Recreation After School Program for the period
October 1, 1997 through September 30, 1998.
G. RESOLUTION NO. 77-97: Adopt a resolution approving execution
of an interlocal agreement to expand membership of the
Metropolitan Planning Organization to include an additional
voting representative for Palm Beach County.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Historic Preservation
Board during the period September 22 through October 3, 1997.
I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Physio-Control Corporation, sole source
provider, for six (6) LifePak 11 Cardiac/Defibrillator
units at a total cost of $90,024, with funding from
334-6112-519-64.90.
-3-
Regular Commission Meeting
October 7, 1997
9. Regular Agenda:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of SPRAB action with respect to a minor site
plan modification to reconfigure the parking lot at the Boy's
Farmers Market, located on the east side of Military Trail,
approximately 2,100 feet north of Atlantic Avenue. QUASI-
JUDICIAL PROCEEDING
B. SERVICE AUTHORIZATION ~2/DIGBY BRIDGES MARSH & ASSOCIATES
(TENNIS CENTER TICKET OFFICE BUILDING): Consider approval of
Service Authorization %2 in the amount of $10,200 to Digby
Bridges Marsh & Associates for preparation of construction
documents for the Tennis Center ticket office building, and
not-to-exceed $2,000 for reimbursable expenses; with funding in
the total amount of $12,200 from 334-4125-572-62.10.
C. ALTERNATIVE PROPOSAL FOR RESURFACING THE CAMINO REAL HOTEL AND
THE CITY'S NORTH PARKING LOTS: Consider a proposal from Ocean
Properties concerning resurfacing of the City's and the hotel's
parking lots.
D. PARKING MANAGEMENT TEAM/CITY COMMISSION WORKSHOP: Consider a
request from the Parking Management Team to schedule a workshop
with the City Commission on October 28, 1997.
E. HOLIDAY OPERATING SCHEDULE FOR CITY HALL: Provide direction
concerning the City Hall operating schedule for the Christmas
and New Year's holidays.
F. GARLANDS V. CITY OF DELRAY BEACH: Consider a settlement
proposal in the referenced matter.
G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular
member (subcontractor) to the Code Enforcement Board to fill an
unexpired term ending January 14, 2000. The appointment will
be made by Mayor Alperin.
10. Public Hearings:
A. 1. ORDINANCE NO. 41-97: An ordinance amending Section 4.4.6,
"Medium Density Residential (RM) District", of the Land
Development Regulations to provide for performance
standards and increased requirements for recreational
amenities.
2. ORDINANCE NO. 42-97: An ordinance amending Section 4.4.6,
"Medium Density Residential (RM) District", of the Land
Development. Regulations to provide for performance
standards and increased requirements for recreational
amenities; and amending Section 4.3.4, "Base District
Development Standards", to provide increased minimum
square footage requirements for dwelling units in the RM
zoning district.
-4-
Regular Commission Meeting
October 7, 1997
11. Co~ents 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. 43-97: An ordinance amending Section
4.3.4(J) (1), "Height", Section 4.3.4(K), "Development Standards
Matrix", and Appendix "A", "Definitions", of the Land
Development Regulations to implement the recommendations of the
Large Home Task Team. If passed, a public hearing will be
scheduled for October 21, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
WHEREAS, drug and alcohol abuse remain prevalent
in Palm Beach County; and
WHEREAS, residents must turn their energies toward
strengthening families, neighborhoods, and communities and
toward educating people about prevention because data shows
that prevention works; and
WHEREAS, our continued commitment to education,
prevention, and building positive lifestyles is imperative;
and
WHEREAS, the 1997 Palm Beach County Red Ribbon
Celebration focuses on the importance of strengthening
parent/community networks by creating an environment in
which our youth may live healthy, safe lives; and
WHEREAS, that during this celebration, we honor
the law enforcement officers in whose memory we use the
symbol of the red ribbon, we look to the strength of a
unified community in restoring the peace and order which has
suffered with the influx of illegal drugs, and that we
support the efforts of our communities to create healthy and
safe neighborhoods.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission
do hereby proclaim October 23 - 31, 1997 as
NATIONAL RED RIBBON CELEBRATION
in the City of Delray Beach, Florida, and encourage its
citizens to wear a red ribbon and all businesses, media, and
public and private institutions to display Red Ribbons to
symbolize our commitment to establishing a healthy and safe
community for our citizens, especially our children, and to
participate in events throughout the celebration that
support positive lifestyles.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 7th day of October, 1997.
MAYOR
JAY ALPERIN
SEAL
DELRA~ B~ACH
l$/lmerica City
W~EREAS, city government is the government closest
to most citizens, and the one with the most direct daily impact
upon its residents; and
W~EREAS, city government is administered for and by
its citizens, and is dependent upon public commitment to and
understanding of its many responsibilities; and
W~EREA$, city government officials and employees
share the responsibility to pass along their understanding of
public services and their benefits; and
W~EREAS, Florida City Government Week is a very
important time to recognize the important role played by city
government in our lives; and
W~EREAS, this week offers an important opportunity
to spread the word to all the citizens of Florida that they can
shape and influence this branch of government which is closest
to the people; and
WHEREAS, the Governor and Cabinet of the State of
Florida have set aside this week to recognize and honor the
efforts of city governments.
NOW, T~EREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim October 19th, 1997 through October 25, 1997 as
FLORIDA CITY GOVERNMENT WEEK
in Delray Beach, Florida, and encourage all citizens, city
government officials and employees to do everything possible to
ensure that this week is recognized and celebrated and
encourage educational partnerships between city government and
schools.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of October, 1997.
MAYOR
JAY ALPERIN
OCr o t
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Acting Director Environmental Services (~
SUBJECT: EMPLOYEE SUGGESTION PROGRAM AWARD - PAUL DECAROLIS
DATE: September 30, 1997
We were pleased to receive notification from the City's Human Resources Director that Mr. Paul DeCarolis'
suggestion regarding the collection of Sewage Effluent Surcharges from Safety-Kleen Corporation is being
recognized with a cash award. Through Mr. DeCarolis' efforts, the City is receiving approximately $20,000.00
in additional revenues which had gone uncollected prior to 1996.
Safety-Kleen Corporation is a parts cleaning and chemical handling company that had a facility at 1855 S.W. 4th
Avenue, north of the Solid Waste Authority Transfer Station. A hazardous material spill at the site, sometime
prior to 1990, resulted in the installation of a ground water contamination removal system to mitigate damage
from the spill event. System operation entails the pumping of groundwater from wells distributed around the site
and routing flows through filters for removal of contaminants. While newer systems recycle the treated
groundwater by recharging the local ground water table, the system installed at the Safety-Kleen site on S.W. 4th
Avenue discharges treated groundwater directly to the City's sanitary sewer collection system. Under Chapter
53 of the City's Code of Ordinances, sewer customers discharging effluent in volumes of this magnitude are
subject to surcharge assessments.
Sewer surcharges are normally collected through the City's utility billing process, appearing as an itemized
charge on customers' water and sewer bills. Since the Safety-Kleen commercial operation was closed some
years ago, Utility Billing had no active customer account for the facility. Having neither active involvement in
the permitting process nor an active utility account for billing of surcharge fees, Utility Billing had no way of
knowing that fees were due and no established means of collecting them.
Mr. DeCarolis discovered the oversight while doing routine research in performance of his duties as Industrial
Pretreatment Inspector. While he was aware of the installation at the Safety Kleen site, he assumed that
surcharges were being assessed per City Ordinances since the facility pre-dated his tenure with the City. While
researching the City's Utility Billing electronic records for information regarding other matters related to his job,
Mr. DeCarolis noticed that there was no active account for the Safety-Kleen facility. When he brought this to
the attention of Utility Billing staff, they verified that no billing account existed and no surcharges were being
assessed. At the request of Utility Billing, Mr. DeCarolis contacted the Safety-Kleen organization in notification
of the required surcharges. He now monitors the discharge volume and calculates the surcharge for invoicing by
Utility Billing on a monthly basis.
Mr. DeCarolis' efforts resulted in the City's col l ection of $15,000.00 in surcharges from Safety-Kleen in the last
three quarters of FY 1996. This prorates to an annual $20,000.00 revenue source. In accordance with Program
Policies, Mr. DeCarolis is deserving of an award in the amount of 20% of one year's savings or, in this case,
revenue or $4,000.00
Please place this item on the October 7, agenda for presentation of Mr. DeCarolis' award by Mayor Alperin.
RCH:cl
cc: Ned Gusty
Joe Safford
Paul DeCarolis
File
Agenda Item No.
AGENDA REQUEST
Date: 9/30/97
Request to be placed on:
Workshop Agenda When: 10/7/97
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests formal recognition of Mr. Paul
DeCarolis, Industrial Pretreatment Inspector, for discovery of uncollected sewer surcharge fees for the
Safety-Kleen Groundwater Mitigation Facility on S.W. 4th Avenue, north of the Solid Waste Authority
Transfer Station. Mr. DeCarolis' efforts resulted in a $20,000.00 revenue increase for the City, entitling
him to an award of 20% of the first year collection or $4,000.00.
ORDINANCE/RESOLUTION REQUIRED: YES/N._.O._ DRAFT ATTACHED YES/NO
Recommendation: N/A ~
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: (~O ~
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
[ITY JIF DELRI:IY BEI:I[H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444, 407/243-7000
AII-AmedcaCity
1993
Paul H. DeCarolis
906 NW Sixth Avenue
Boynton Beach, FL 33426
Re: Employee Suggestion #97-08 - Safety-Kleen Discharge Fees
Dear Paul:
CONGRATULATIONS!
The Employee Suggestion Award Program Committee recently met. They
researched and discussed the contents of your suggestion. The Committee is
recommending to the City Manager that an award be made to you for Four
Thousand Dollars ($4,000) for your suggestion. The award amount was based
on the prorated amount of $20,000 for an estimated effluent volume generated
by the remediation site during the year, 1996.
We will contact you when a date and time have been established to make the
award presentation.
Sincerely,
EDWARD J. GUSTY
Human Resources Director
c: David T. Harden, City Manager
Richard Hasko, Acting Director, Environmental Services
Nancy King, Staff Assistant/Publications
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF OCTOBER 7, 1997
AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT/JOINT
FUNDING OF KNOWLES PARK PROJECT
DATE: OCTOBER 3, 1997
This is before the Commission to approve a project agreement with
the Florida Inland Navigation District (F.I.N.D.) under the
Waterways Assistance Program, for joint funding of improvements
to the boat ramp and restrooms at Knowles Park.
The agreement provides for the reimbursement of fifty percent of
the cost of improvements in an amount not to exceed $77,261.
Funding is available from Parks Improvements Other (Account No.
334-4179-572-63.90.
Recommend approval of the agreement with the Florida Inland
Navigation District.
Agenda Item No.:
AGENDA REQUEST
Date: September 23, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 7~ 1997
Description of agenda item (who, what, where, how much): Request
acceptance of grant from Florida Inland Navigation District in an amount not to
exceed $77,261 (50% of out of pocket costs) for improvements to the boat ramp an~
rest rooms at Knowles.Park. Need signature on two original proje¢~ a~reements.
ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation: Accept grant.
Department Head Signature:
Determination of Consistency
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:
City Manager Review:
Approved for agenda: ~ NO ~
Hold Until:
Agenda coordinator Review:
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: September 23, 1997
Request to be placed on:
× Regular Agenda Special Agenda Workshop Agenda
When: October 7, 1997
Description of agenda item (who, what, where, how much): Request
acceptance of grant from Florida Inland Navigation District in an amount not to
exceed $77,261 (50Z of out of pocket costs) for improvements to the boat ramp and
rest rooms at Knowle~ Park, Need signature on two oriKinal projp~t a_~reement.~.
ORDINANCE/ RESOLUTION REQUIRED: YE~,_NO~ Draft Attached: YES/NO
Recommendation: Accept Krant.
Department Head Signature:
Determination of Consistency ~, Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of fun4s):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
CoordinatorAppr°ved for agenda: .E~~OHold Until: Review:
Agenda
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: September 23, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 7~ 1997
Description of agenda item (who, what, where, how much}: Request
acceptance of grant from Florida Inland Navigation District in an amount not to
exceed $77,261 (50% of out of pocket costs) for improvements to the boat ramp and
rest rooms at Knowle$ Park. Need signature on two oriKinal projecg agreements.
ORDINANCE/ RESOLUTION REQUIRED: YE~_NO~ Draft Attached: YES/NO
Recommendation: Accept ~rant.
Department Head Signature: ~~ ~z~-~
Determination of Consistency ~ 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: ~~0
Agenda Coordinatom Review: (~ f~ >~[e,J~ [ 7 ¢~ ~,~ ~ '~-'~'
Received:
Action: Approved/Disapproved
£1TY DF DELI:lAY BEI:IgH
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
'EIII September25, 1997
1993
TO: Barbara Garito, Deputy City Clerk
FROM: David N. Tolces, Assistant City Attorn6~
SUBJECT: Florida Inland Navigational District Project Agreement
Attached is one (1) original copy of the above-referenced agreement which has been
approved for form and legal sufficiency by our office.
DNT:smk
Attachments
[ITY DF I]ELliltY BER[H
~ 100 N.W, 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993
TO: Jo_~__~nance Director
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Recommendation for F.I.N.D. Grant Acceptance
DATE: September 24, 1997
The City of Delray Beach applied for a grant from the Florida Inland
Navigation District under the 1997-98 Waterways Assistance Program
Project for improvements to the boat ramp and rest rooms at Knowles Park.
We received notification from F.I.N.D. that grant assistance will be 50%
of out-of-pocket costs in an amount not to exceed $77,261. We also
received two original project agreements which need to be signed.
Please place this on the agenda for City Commission consideration for the
October 7, 1997 meeting.
J eldon
Dir~tor of Parks and Recreation
Attachment
cc: David Harden, City Manager
Jackie Rooney, Senior Buyer
Ref:jsbidrec
THE EFFORT ALWAYS MATTERS
Printed on ,qecycled Paper
FLORi DA INLAND NAVIGATION DISTRICT
September 18, 1997
Mr. Joe Weldon, Director
COMMISS~O.ERS City of Delray Beach
50 NW 1st Avenue
A.. S.ORSTE~, Delray Beach, FL 33444
CHAIR
DUVAL COUNTY
Dear Mr. Weldon:
TED B. MOORHEAD
VICE-CHAIR
BREV^RD COUNTY RE: 1997-98 Waterways Assistance Program Project Agreement
JAMES O. TAYLOR
SECRETARY
vo,us.A COD,~ Enclosed, for your signature, are two original project agreements for
LENNART E. LINDAHL your approved Waterways Assistance Program project. After they
TREASURER
PA,M ~EACN COU,TY have been executed please return both originals to me for execution
LAURENCE D. LOCKER by the District. When returning the agreements also include an
BROWARD COUNTY executed Exhibit C, the Matching Funds Form.
GEORGE P. BUNNELL
INDIAN RIVER COUNTY
PIERRE D. THOMPSON I will return one fully executed original agreement to you for your
ST. JO. NS COUNt, files. Should you have any questions please contact me.
M. BRENT WADDELL'
MARTIN COUNTY
STANLEY E. GOODMAN
DADE COUNTY Sincer/~l,
FLAGLER COUNTY
JO ANN ALLEN
ST. LUCIE COUNTY
David K. Roach
Assistant Executive Director
ART WILDE
EXECUTIVE DIRECTOR
DAVID K. ROACH
ASSISTANT EXECUTIVE DIRECTOR
RECEIVED 8EP 2 2 1997
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 561-627-3386 FAX No. 561-624-6480
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO. PB-DB-97-58
This PROJECT AGREEMENT made and entered into this day of
, 1997 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Delray Beach, (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
1. PROJECT- Subject to the provisions of this Agreement and Rule 16T-2 of
the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide
assistance funding to the PROJECT SPONSOR in furtherance of an approved project
("PROJECT") consisting of the Inlet Navigation & Sand Transfer Project. Said project is
more specifically described in the PROJECT SPONSOR'S Waterways Assistance
Application which is on file at DISTRICT headquarters.
Any modifications to the PROJECT shall require advance notice to and the prior
written approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the
PROJECT prior to the execution of this Agreement unless specifically authorized by the
DISTRICT Board and shall complete the PROJECT and submit all required payment
reimbursement information on or before September 1, 1999, unless the PROJECT
period has been extended with the prior written approval of the DISTRICT. In no event,
however, shall the PROJECT period extend beyond three (3) years from the October 1,
1997. The PROJECT SPONSOR acknowledges there are no provisions to carry over the
DISTRICT assistance funding under this Agreement beyond September 30, 1999, and
that any extension of funding beyond this date shall be at the sole discretion of the
DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding
paragraph shall require submittal by the PROJECT SPONSOR of a request for extension
to the DISTRICT no later than July 1, 1999. This request will then be considered by the
DISTRICT Board, whose decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than
fifty percent (50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion of
this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the
PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement
basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and
meeting the requirements of Paragraph 5 below and shall not, in any event, exceed
$77,261.00.
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and
represents that it has the PROJECT SPONSOR Match Amount (the PROJECT
AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the
PROJECT and shall, prior to the execution of this Agreement, have provided the
DISTRICT with suitable evidence of the availability of such funds using DISTRICT
Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with
access to applicable books and records, financial statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and
efficient accomplishment of the PROJECT and must be directly allocable thereto.
PROJECT COSTS are generally described in Exhibit "B.' PROJECT COSTS must be
incurred and work performed within the Project period, with the exception of pre-
agreement costs, if any, specifically identified in Paragraph 6 below, which are also
eligible for reimbursement by the DISTRICT.
6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT
SPONSOR fully understand and agree that there shall be no reimbursement of funds by
the DISTRICT for any obligation or expenditure made prior to the execution of this
Project Agreement. ~
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be
reported to the DISTRICT and summarized on the Payment Reimbursement Request
Form (Form//90-20) attached as Exhibit D. Supporting documentation including bills and
canceled payment vouchers for expenditures shall be provided to the DISTRICT by the
PROJECT SPONSOR or Liaison Agent with any payment request. All records in support
of the PROJECT COSTS included in payment requests shall be subject to rev/ew and
approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses
shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT,
upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT.
The DISTRICT shall retain ten percent (10%) of each installment payment until the
completion of the PROJECT.
The following costs, if authorized in the attached Exhibit B shall be reimbursed
only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT
and in accordance with Exhibit A: personnel, equipment, project management,
administration, inspection, and design, permitting, planning, engineering, and/or
surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in
whole or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon
completion of the PROJECT, shall submit to the DISTRICT a request for final
reimbursement of the PROJECT AMOUNT less any prior installment payments. The
Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of
the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full
completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3)
submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4)
submission of a photograph of the PROJECT showing the sign required by Paragraph 17.
Unless other,vise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all
records supporting the PROJECT COSTS for three (3) years after the end of the fiscal
year in which the Final Payment is released by the DISTRICT, except that such records
shall be retained by the PROJECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the three-
year retention period.
10. NONCOMPLIANCE- The DISTRICT shall have the right to
reimbursement, either in whole or part as it may determine, of the funds provided
hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this
Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR
shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph
shall survive completion of the PROJECT.
11. DISTRICT PROJECT MANAGER - The Executive Director, or his
designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this
Project Agreement and shall be responsible for monitoring performance of its terms and
conditions and for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall
appoint a Liaison Agent, whose name and title shall be submitted to the DISTRICT upon
execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative
to the provisions of the Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR'S Liaison Agent shall
submit to the DISTRICT project status repons during the PROJECT term. These
Quarterly Repons are to be on Form #95-02 (Exhibit F). Project design drawings,
engineering drawings, and a copy of the Projectbid award construction item cost list will
be submitted as available. Photographs shall be submitted when appropriate to reflect the
work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the
reporting schedule in Exhibit G may result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all
federal, state and local permits and all applicable laws and regulations in the development
of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
desired and constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state and local laws,
rules and requirements.
15. NON-DISCRIMINATION- The PROJECT SPONSOR a~ees that when
completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the
general public without regard to age, sex, race, physical handicap, or other condition, and
without regard to residency of the user in another political subdivision. When such is
required, adequate parking shall be made available by the PROJECT SPONSOR to
accommodate vehicles for the number of persons for which the PROJECT is being
developed.
16. SITE DEDICATION - The PROJECT SPONSOR also a~ees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five
(25) years after completion of the PROJECT, such dedication to be in the form of a deed,
lease, management agreement or other legally binding document. Any change in such
dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR
shall record evidence of such dedication within the Public Records of the County in
which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a
permanent sign, approved by the DISTRICT, in a prominent location at the completed
project which shall indicate that the DISTRICT contributed funds for funder of the
PROJECT. The wording of the sign required by this paragraph shall be approved by the
DISTRICT's staff before construction and installation of said sign. This sign shall contain
the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the
event that the SPONSOR erects a temporary construction sign, it shall also indicate the
DISTRICT's participation.
18. PROJECT MAINTENANCE - When and where applicable, the
PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life
of the PROJECT improvements and will pay all expenses required for such purposes. The
PROJECT improvements shall be maintained in accordance with the standards of
maintenance for other local facilities and in accordance with applicable health standards.
PROJECT facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The PROJECT
SPONSOR warrants and represents that it has full legal authority and financial abili .ty to
operate and maintain said PROJECT facilities and improvements.
19. SOVEREIGN IMMUNITY - Each parts.' hereto a~ees that it shall be
solely responsible for the wrongful acts of its employees, contractors and agents.
However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR
acknowledges that the DISTRICT, its employees, commissioners and agents are solely
providing funding assistance for the PROJECT and are not involved in the design,
construction, operation or maintenance of the PROJECT.
20. INSPECTIONS- The DISTRICT reserYes the right, upon reasonable
request, to inspect said PROJECT and any and all records related thereto at any time.
6
21. RIGHTS AND DUTIES - The rights and duties arising under this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns, and shall, unless the context clearly requires otherwise,
survive completion of the PROJECT. The PROJECT SPONSOR may not assign this
Agreement nor any interest hereunder without the express prior written consent of the
DISTRICT.
22. WAIVERS- Waiver of a breach of any provision of this Agreement shall
not be deemed a waive of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and
provisions of this Agreement shall be in writing, postage paid, and shall be sent by
certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the
addresses below. The notice shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR at:
City of Delray Beach
Atto: Director of Parks & Recreation
50 N.W. 1st Avenue
Defray Beach, FL 33444
24. NO JOINT VENTURE The DISTRICT's role with respect to the
PROJECT is that of a funder only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws of the State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In
the event the PROJECT SPONSOR transfers ownership or management of the PROJECT
to a party or parties not now a part of this document, other than another governmental
entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder,
the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to
the full extent of the funding assistance provided by the DISTRICT, including but not
limited to any costs and reasonable attorney's fees (regardless of whether litigation
ensues) incurred by the DISTRICT in collecting said reimbursement.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits
made a part hereof, embodies the entire Agreement and understanding of the parties and
supersedes all prior oral and written communications between them. The terms hereof
may be modified only by a written amendment signed by both parties hereto.
28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the
PROJECT SPONSOR institutes any action or suit to enforce the provisions of this
Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. The venue of any such
litigation shall be had only in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day, month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
CHAIRMAN
DATE:
WITNESSES: PROJECT SPONSOR
By:
Title:
DATE:
E~RIBIT A
FLORIDA INLAND NAVI~ATION DISTRICT
Chapter 16T-2
Waterways Assistance Program
16T-2.001 Purpose
16T-2.002 Forms
16T-2.003 Definitions
16T-2.004 Policy
'16T-2.005 Funds Allocations
16T-2o006 Application Process
16T-2.0061 Emergency Applications
16T-2.007 Application Form
16T-2.008 Project Eligibility
16T-2.009 Project Administration
16T-2.010 Project Agreement
16T-2.011 Reimbursement
16T-2.012 Accountability
16T-2.013 Acknowledgment
16T-2.001 PURPOSE. Recognizing the importance and
benefits of inland navigation channels and waterways, as well as
noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature
created s. 374.976 Florida Statutes. This law authorizes and
empowers each inland navigation district to undertake programs
intended to alleviate the problems associated with its waterways.
and procedures for the implementation of an assistance program
under s. 374.976, F.S. for local governments, member counties and
navigation related districts within the District. This program
will be known hereafter as the Florida Inland Navigation
District's Waterways Assistance Program.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90.
16T-2.002 FORMS. All forms for the administration of
~this program are available from the District office located at
1314 Marcinski Road, Jupiter, Florida 33477.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90.
16T-2.003 DEFINITIONS. The basic terms utilized in
this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency
submitting an application through this program.
(2) "APPLICATION" means a project proposal with the required
documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established
period for submitting applications to the District.
(4) "BOARD" means the Board of Commissioners of the Florida
Inland Navigation District.
(5) "DISTRICT" means the Florida Inland Navigation District
(F.I.N.D.).
(6) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the
taxing boundaries of the District.
(7) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
(8) "LIAISON AGENT" means the contact person officially
designated to act on behalf of the applicant or the project
sponsor.
(9) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the
member counties.
(10) "MATCHING FUNDS" means those funds used by the local
sponsor to match the program funds on a dollar per dollar basis.
(11) "MEMBER COUNTY" means a county located within the
taxing boundaries of the District which includes Duval, St.
Johns, Flagler, Volusia, Brevard, Indian River~ St. Lucie,
Martin, Palm Beach, Broward, and Dade Counties.
(12) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized
navigation related duties in waterways of the District.
(13) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(14) "PROGRAM FUNDS" means financial assistance awarded by
the Board to a project for release to the project sponsor
pursuant to the terms of the project agreement.
(15) "PROJECT" means a planned undertaking consisting of
eligible program facilities, improvements or expenses for the use
and benefit of the general public.
(16) "PROJECT AGREEMENT" means an executed contract between
the District and a project sponsor setting forth mutual
obligations regarding an approved project.
(17) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and
compliance with project agreement.
(18) "PROJECT PERIOD" means the approved time during which
costs may be incurred and charged to the funded project.
(19) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(20) "WATERWAYS" means the Atlantic Intracoastal Waterway,
all navigable rivers, bay, creeks or lagoons intersected by said
waterway and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterway.
(21) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an
interdisciplinary holistic process by which the learner:
develops an awareness of the natural and manmade environments of
waterways; develops knowledge about how the environment of the
waterways works; acquires knowledge about the technological,
social, cultural, political, and economic relationships occurring
in waterway related environmental issues; and becomes motivated
to apply action strategies to maintain a balance between quality
of life and quality of the environment of waterways.
(22) Beach Renourishment - The placement of sand on a beach
for the nourishment, renourishment or restoration of a beach.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90. Amended 9-2-92 and 2-6-97.
16T-2.004 POLICY. The following constitutes the policy
of the District regarding the administration of the program.
(1) Financial assistance, support and cooperation may be
provided to eligible governmental agencies for approved projects
as follows:
(a) Member counties may be provided financial assistance,
support or cooperation in planning, acquisition, development,
construction, reconstruction, extension, improvement, operation
~or the maintenance of public navigation, public recreation, inlet
management, environmental education and boating safety projects
directly related to the waterways. Member counties may also be
provided financial assistance, support and cooperation in
planning and carrying out beach renourishment and inlet
management projects.
(b) Eligible local governments may also be provided
financial assistance, support and cooperation in planning and
carrying out public navigation, public recreation, inlet
management, environmental education and boating safety projects
directly related to the waterways. Eligible local governments
may also be provided financial assistance, support and
cooperation in planning and carrying out beach renourishment and
inlet management projects.
(c) Navigation related districts may be provided with
financial assistance to pay part of the costs of the acquisition
of dredge material management sites if the Board finds that the
site is required for the long range maintenance of the Atlantic
Intracoastal Waterway channel. All such sites must meet the
development and operational criteria established by the District
through a long range dredge material management plan for that
county. Seaports may also be furnished assistance and support in
planning and carrying out environmental mitigation projects. All
seaport projects shall benefit publicly maintained channels and
harbors. Each seaport shall contribute matching funds for funded
projects.
(2) The District will notify by direct mail and/or
~advertised public notice all eligible governmental agencies of
the program and the upcoming authorized submission period.
Funding allocations to member counties and local governments
shall be based upon the proportional share of the District's ad
valorem tax collections from each county.
(3) Approval of projects by the District shall be in
accordance with these rules.
(4) The District and the project sponsor shall enter into a
project agreement prior to the release of program funds.
(5) The project sponsor shall clearly identify and enumerate
the amount and source of the matching funds it will be using to
match the program funds supplied by the District for an approved
project. The project sponsor shall provide suitable evidence
that it has the matching funds available at the time the project
agreement is executed.
(6) The District shall release program funds in accordance
with the terms and conditions set forth in the project agreement.
This release of program funds shall be on a reimbursement only
basis.
(7) The site of a proposed land-based development project
shall be dedicated for the public use for which the project was
intended for a minimum period of 25 years after project
completion. Such dedication shall be in the form of a deed,
lease, management agreement or other legally binding document and
shall be recorded in the public property records of the county in
which the property is located.
(8) Facilities funded in whole or in part by program funds
~shall be made available to the general public of all the member
counties on a non-exclusive basis without regard to race, color,
religion, age, sex or similar condition.
(9) The project sponsor shall not commence work on the
project prior to the execution of the project agreement unless
authorized by the Board.
(10) The project shall be completed within three (3)
calendar years of the date of the execution of the project
agreement.
(11) Project funds shall not be spent except as consistent
with the project agreement cost estimate which shall be an
attachment to the project agreement.
(12) All project costs must be incurred and work performed
within the project period as stipulated in the project agreement.
(13) The project sponsor is responsible for obtaining and
abiding by any and all federal, state and local permits and
regulations in the development of the project.
(14) All development projects must be designed so as not to
impact navigation along the District's waterways through the
placement of structures, attendant uses, or the necessity of a
boating speed zone for safety purboses. Before applying for
boating speed zone designation in District waterways because of a
project funded by this program, the sponsor shall first receive
approval from the Board.
(15) The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the
anticipated life of the project and shall be responsible for all
~expenses required for such purposes. The project shall be
maintained in accordance with the standards of maintenance for
other similar local facilities and in accordance with applicable
health standards. Project facilities and improvements shall be
kept reasonably safe and in reasonable repair to 'prevent undue
deterioration and to encourage public use. The project sponsor
shall have full legal authority and financial ability to operate
and maintain the project facilities.
(16) The District shall terminate a project agreement and
demand return of program funds disbursed to the project sponsor
for non-compliance with any of the terms of the project agreement
or this rule. Failure of a project sponsor to comply with the
provisions of this rule or the project agreement shall result in
the District declaring the project sponsor ineligible for further
participation in the program until such time as compliance has
been met to the satisfaction of the District.
(17) Waterways related environmental education facilities
and programs sponsored by the District shall be coordinated
efforts among the local community, local school district, and
local governments and shall occur at specially designated
environmental education facilities located adjacent and
contiguous to the waterways. It is the District's intent to
consolidate its environmental education efforts in the least
number of facilities within a county that will adequately serve
the education needs of that county.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (2) F.S. History-New 12-17-90, Amended 2-3-94, 2-6-97.
16T-2.005 FUNDS ALLOCATION. The Board will allocate
funding for this program based upon the District's overall goals,
management policies, fiscal responsibilities and operational
needs for the upcoming year. If funds are determined to be
available for the program, the District will not'ify potential
eligible governmental agencies of the availability of program
funding. Applications will be reviewed by the Board utilizing
District Forms No. 91-25 and 91-25A (effective date 2-6-97)
hereby incorporated by reference and available from the District
office.
(1) In as much as the District has other fiscal
responsibilities and operational needs, financial assistance to
eligible government agencies shall not exceed an amount equal to
ninety per cent of the proportional share of the District's ad
valorem tax collections from each county in which such agencies
are located. The District may make an exception to this funding
limitation, if funds are determined to be available based upon
the District's overall goals, management policies, fiscal
responsibilities and operational needs, in counties that are
9
recovering from a state of emergency declared under Chapter 252
Florida Statutes.
(2) Financial assistance to seaports may exceed the
proportional share of the District's ad valorem tax collections
as set forth in Section 16T-2.005(1) from the county in which
such seaport is located if the seaport can demonstrate that a
regional benefit occurs from the ports activities. Financial
assistance to a seaport project that demonstrates a regional
~benefit shall not exceed an amount equal to (i) the proportional
share of the District's ad valorem tax collections as set forth
in section 16T-2.005(1) from the counties where the benefit is
demonstrated less (ii) funding allocated in the same fiscal year
to all other local government projects funded in those counties.
(3) All financial assistance and support to eligible
governmental agencies shall require matching funds from the
project sponsor with the exception of public navigation, law
enforcement and environmental education projects. All financial
assistance to seaports shall require matching funds.
(4) Projects and project elements in the categories of
inlet management and beach renourishment shall be subject to the
following provisions. The District shall contribute no more than
fifty per cent of the local share of the cost of the project.
The District shall not contribute funding to both the state and
local shares of an inlet management or beach renourishment
project. Funding for the construction phase of an inlet
management or beach renourishment project may be approved by the
District Board for a multiple year period subject to budgeting
]0
and allocation pursuant to the provisions of Chapter 200, F.S.
Additionally the following provisions shall be met for inlet
management or beach renourishment projects:
(a) Inlet Management
1. Inlet management projects shall benefit public
navigation within the District and shall be consistent with
Department of Environmental Protection approved inlet management
plans and the statewide beach management plan pursuant to s.
~161.161, F.S. Inlet management projects that are determined to
be consistent with Department of Environmental Protection
approved inlet management plans are declared to be a benefit to
public navigation.
(b). Beach Renourishment
1. All projects in this category shall be consistent with
the statewide beach management plan. Beach re nourishment
projects shall only include those beaches that have been
adversely impacted by navigation inlets, navigation structures,
navigation dredging, or a navigation project. The determination
of beach areas that are adversely impacted by navigation for the
purposes of this program shall be made by Department of
Environmental Protection approved inlet management plans. If
state funding is not provided for a beach project, public access
with adequate parking must be available in accordance with s.
161, F.S.
(3) Projects and/or project elements in the categories of
public navigation, law enforcement and environmental education
may receive funding in excess of fifty per cent of the projects
total cost. Eligible projects and/or project elements in these
categories may include:
(a) Public navigation
1. Navigation channel dredging
2. Navigation channel lighting and markers
3. Waterway signs and buoys for safety, regulation or
information
(b) Law enforcement
1. Waterways boating safety programs
2. Law enforcement and boating safety equipment
(c) Waterways Related Environmental Education
1. Environmental Education Programs
Waterways related environmental education programs 'shall consist
of coordinated efforts among the local community, the local
school district and local governments. Eligible programs shall be
available to the general public or a targeted segment of the
general public. The curriculum for an eligible program shall be
coordinated with the District, the local community, the local
school district and local governments and shall be directly
related to the environment of the waterways.
2. Environmental Education Facilities
Eligible environmental education facilities shall include
buildings used for waterways related education and accessory
facilities such as boardwalks, docks, signs, pavilions and other
such structures that are directly utilized for education.
Structures having environmental education signage but not
adjacent to or associated with an environmental education
facility shall not be considered a waterways related
environmental education facility f6r the purposes of this rule
section.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
and (3) F.S. History-New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-
97.
16T-2.006 APPLICATION PROCESS.
(1) Applications for assistance through this program will be
~submitted during the authorized submission period which is from
March 1st through May 1st of each year, unless modified by vote
of the Board at a scheduled meeting. The project sponsor shall
approve the submission of an application by official resolution
from its governing board or commission. Said resolution shall be
made on FIND Resolution Form No. 90-21 (effective date 12-17-90)
hereby incorporated by reference and available from the District
office located at 1314 Marcinski Road, Jupiter, Florida 33477.
(2) Applications will be reviewed by the local FIND
Commissioner before being submitted to the District office. Upon
receipt in the District office, staff will review the
applications for completeness of the informational requirements
identified in the Application Checklist, FIND Form Number 90-26
(effective date 4-12-95) and for compliance with the eligibility
requirements of this rule. If the application is for a project
that is a land based development project the applicant shall
submit an Attorney's Certification of Title, FIND Form Number 94-
26 (effective date 4-12-95) When an application is determined by
staff to be incomplete or ineligible, Staff will immediately
13
inform the applicant by mail. The applicant will then have until
the date established by the Board in the application package to
bring the application into compliance. If the applicant fails to
provide a complete application in compliance with these rules,
the application will not be considered for funding.
(3) Applications determined to be complete and in compliance
with this rule shall be forwarded to the Board for review and
then scheduled for presentation to the Board at a scheduled
~eeting of the Board. The applicants presentation will at a
minimum include a discussion of the applicants answers to the
Evaluation and Rating Criteria on Form No. 91-25. Following the
presentations, the Board will review the applications and
evaluate them using the Project Evaluation and Rating Form No.
91-25 (effective date 4-12-95) hereby incorporated by reference
and available from the District office.
(4) The total points awarded to each application by the
Commissioners will be averaged to determine an applications final
rating score. The final rating score for each application must
equal or exceed 35 points for the application to be considered
for funding assistance. Reconsideration of any application with
a final rating score of less than 35 points will only occur if
the majority of the Commissioners evaluating the project rated
the project equal to or exceeding 35 points and two-thirds of the
Commissioners vote for reconsideration of the application.
(5) The Board will hold a funding allocation meeting at
which time the Board will determine the allocation of funds, if
any, to each project. Allocations will be based in part upon the
]4
cumulative score of the applications as calculated from the
Project Evaluation and Rating Form. Allocations will also be
based upon the specific needs of the individual counties.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90. Amended 9-2-92, 6-24-93, 4-12-95.
16T-2.0061 EMERGENCY APPLICATIONS. Emergency
applications may be submitted to the District and considered by
the Board at any time during the year to provide assistance to an
~eligible applicant for the removal of navigation obstructions and
repair or replacement of waterway facilities damaged by a
declared natural disaster. The District shall consider these
applications in accordance with these rules.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 6-24-93, Amended 2-6-97.
16T-2.007 APPLICATION FORM. Florida Inland Navigation
District Waterways Assistance Program Application Form Number
FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4-
12-95) are hereby incorporated by reference and available from
the District office. Ail applications for financial assistance
and support through this program from member counties and local
governments shall be made on Form Number FIND 90-22. Ail
applications for financial assistance and support through this
program from navigation related districts shall be made on Form
Number FIND 93-22A.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95.
16T-2.008 PROJECT ELIGIBILITY
(1) Financial assistance and support through this program
shall be used to plan or carry o6t public navigation, public
recreation, environmental education, boating safety, spoil site
acquisition directly related to the waterways, inlet management,
and beach renourishment.
(a) Program funds may be used for projects such as
acquisition, planning, development, construction, reconstruction,
extension, improvement, operation or maintenance of the following
~types of projects for public use on land and water. These
project types will be arranged into a priority list each year by
vote of the Board. The priority list will be distributed to
applicants with the project application.
1. Public navigation channel dredging
2. Public navigation aids and markers
3. Public boat ramps and launching facilities
4. Public boat docking and mooring facilities
5. Public shoreline stabilization
6. Inlet management projects that are a benefit to public
navigation in the District
7. Waterway signs and buoys for safety,
regulation or information
8. Public spoil disposal site development
9. Waterways related environmental education programs and
facilities
10. Public fishing and viewing piers
11. Public waterfront boardwalks
12. Waterways boating safety programs and equipment
13. Beach renourishment on beaches adYersely impacted
by navigation inlets, navigation structures, navigation
dredging, or a navigation project.
14. Other waterway related projects.
(b) Project costs ineligible for program funding or matching
funds will include: contingencies, miscellaneous, reoccurring
personnel related costs, land ac~uisition and any extraneous
recreational amenities not directly related to the waterway such
as the following:
1. Landscaping
2. Park and playground equipment
3. Restrooms for non-waterway users
4. Tennis courts
5. Roadways providing access to non-waterway users
6. Parking areas for non-waterway users
7. Utilities for non-waterway related facilities
8. Lighting for non-waterway related facilities
9. Irrigation equipment
10. Maintenance equipment
11. Picnic shelter and furniture
(¢) Subject to approval by the Board of an itemized expense
list:
1. The following project costs will eligible for
program funding or as matching funding:
a. Project management, administration and inspection; -
b. Design, permitting, planning, engineering or
surveying costs for completed construction project;
c. Restoration of sites disturbed during the
construction of an approved project;
d. Equipment costs.
2. The following project costs will eligible only as
matching costs:
a. Applicant's non-recurring personnel costs;
b. Applicant's equipment costs;
c. Applicant's in-house project management
administration, and inspection costs;
d. Applicant's In-house design, permitting, planning,
engineering or surveying costs for completed
construction project;
e. Applicant's Other in-kind services.
Before reimbursement is made by the District on any of the
costs listed in subsection 1. or 2. above, a construction
contract for the project, approved and executed by the project
sponsor and project contractor must be submitted to the District.
(d) Applications for eligible waterway projects which
include construction elements below mean high water will be
submitted as a phased project where phase I will include the
design, engineering and permitting elements and phase II will
include the construction of the project. A description and
cost estimate of the Phase II work will be submitted along
with the Phase I application for Board review. Applicants for
Phase II funding will demonstrate that Phase I will be
completed by the current completion date of the Phase I
agreement prior to the funding of Phase II, provided, however,
that in extraordinary situations this requirement will be
waived by the Board of Commissioners where an applicant has
provided documentation of all of the following:
1. The delay in completing Phase I is for a reason or
reasons outside the control of the applicant, and the
applicant has demonstrated that it diligently proceeded in
attempting to complete Phase I
2. All the impediments to completion of phase I will have
~been resolved on or before the District's final TRIM hearing at
which the Phase II funding is to be finally approved, and the
applicant has provided a timetable showing such completion of
Phase I within this time period; and
3. A delay in funding Phase II would significantly increase
the cost of Phase II, create a substantial likelihood that Phase
II would not be accomplished, or adversely impact on public
safety or the operation of District waterways.
(2) The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1) -
(3) F.S. History-New 12-17-90. Amended 9-2-92, 6-24-93, 2-3-94,
4-12-95, 2-6-97.
16T-2.009 PROJECT ADMINISTRATION. The District
will administer all funded projects through an executed project
agreement. The District will appoint a project manager who shall
be responsible for monitoring project and the project agreement.
The project manager shall also be responsible for approving all
reimbursement requests. The project sponsor shall appoint a
19
liaison agent to act on its behalf in carrying out the terms of
the project agreement. Administration of the project will be as
follows:
(1) A project agreement will be executed between the
District and the project sponsor.
(2) The liaison agent will submit quarterly reports to the
project manager summarizing the work accomplished since the last
report, problems encountered, percentage of project completion
~and other appropriate information. These reports shall continue
throughout the length of the project period until completion of
the project.
(3) The liaison agent may submit periodic reimbursement
requests during the project period. The project' manager will
approve or disapprove all reimbursement requests. The final
payment of program funds will be made upon certified completion
of the project by the District.
(4) Upon reasonable request, the project manager shall have
the right to inspect the project and any and all records relating
to the project.
(5) Upon completion of the project, the liaison agent shall
provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-23
(effective date 12-17-90) hereby incorporated by reference and
available from the District office, which certifies that the
project was completed in accordance with the project agreement
and the final project plans.
20
(b) A final reimbursement request accompanied by all
required billing statements and vouchers.
(c) Photograph(s) showing the installation of the sign
required by s. 16T-2.013.
(d) Photograph(s) of the completed project clearly showing
the program improvements.
(6) The project manager will review the project completion
package and will authorized or reject the final reimbursement
~payment which will include all retained funds from previous
requests.
Specific Authority 374.976 (2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90.
16T-2.010 PROJECT AGREEMENT.
(1) For each funded project, the District and the project
sponsor will enter into a project agreement setting forth the
mutual obligations of the parties concerning the project. The
project agreement shall incorporate the applicable policies and
procedures of the program as outlined in this rule. Project
agreements will be for a two year period with the possibility for
one, one year extension.
(2) Ail proposed changes to the project agreement must be
submitted to the district in writing by the project sponsor
accompanied by a statement of justification for the proposed
changes. Agreed changes shall be evidenced by a formal amendment
to the project agreement and shall be in compliance with these
rules.
2!
(3) All project agreement amendments shall be approved by
the District board except that the ~xecutive director may approve
a minor project agreement amendment for a project within a county
with the local district commissioners concurrence. A minor
project amendment shall not change the approved project's
category nor result in a reallocation of more than 35% of the
approved funding of the project between project elements.
Specific Authority 374.976(2) F.S. Law Implemented
~374.976(1) F.S. History-New 12-17-90, Amended 9-5-96.
16T-2.011 REIMBURSEMENT. The District shall reimburse
the project sponsor for project costs expended on the project in
accordance with the project agreement. Project funds to be
reimbursed will require the submission of a Reimbursement Request
Form and required supporting documents, FIND Form No. 90-24
(effective date 6-24-93) hereby incorporated by reference and
available from the District office.
(1) All project costs shall be reported to the District and
summarized on the Reimbursement Request Form. All requests for
reimbursement shall include supporting documentation such as
billing statements for work performed and canceled payment
vouchers for expenditures made.
(2) The District shall retain ten percent of all
reimbursement payments until final certification of completion of
the project. The District shall withhold any reimbursement
payment, either in whole or part, for non-compliance with the
terms of this agreement.
(3) The final reimbursement check shall be presented by a
District representative to the project sponsor during a public
commission meeting or public dedication ceremony for the project
facility.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90, Amended 6-24-93.
16T-2.012 ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(1) Each project sponsor is responsible for maintaining an
accounting system which meets generally accepted accounting
principles and for maintaining such financial records as
necessary to properly account for all program funds.
(2) The project sponsor shall submit quarterly project
status reports to FIND during the project period. These reports
will summarize the work accomplished since the previous report,
problems encountered, percentage of project completion and any
other appropriate information.
(3) All required final completion certification documents
and materials as outlined in s. 16T-2.009(5) of this rule shall
be submitted to the District prior to final reimbursement of
program funds.
(4) All project records including project costs shall be
available for review by the District or by an auditor selected by
the District for 3 years after completion of the project. Any
such audit expenses incurred shall be borne entirely by the
project sponsor.
23
(5) The project sponsor shall retain all records supporting
project costs for three years after either the completion of the
project or the final reimbursement payment, whichever is later,
except that should any litigation claim, or special audit arise
before the expiration of the three year period, the project
sponsor shall retain all records until the final resolution of
such matters.
(6) If it is found by any State, County, FIND, or
~independent audit that program funds have not been used in
accordance with this rule and applicable laws, the project
sponsor shall repay the misused program funds to the District.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90.
16T-2.013 ACKNOWLEDGMENT. The project sponsor shall
erect a permanent sign, approved by the District, in a prominent
location at the completed project which indicates the District's
participation in the project. This sign shall contain the FIND
logo. In the event that the project sponsor erects a temporary
construction sign, this sign shall also recognize the District's
participation. If the final product of the project is a report,
study or other publication, the District's sponsorship of that
publication shall be prominently indicated at the beginning of
the publication. If the project results in an educational
display, the District's logo and a statement of the District's
participation in the project shall be contained in the display.
Specific Authority 374.976(2) F.S. Law Implemented 374.976(1)
F.S. History-New 12-17-90.
24
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Matching Funds Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project Sponsor, as of October 1, 1997,
has the required matching funds for the accomplishment of the referenced project in
accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated ,1997.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 95-01
New 9/9/95
~FIIgD -. Form No. 90-24
Page Two
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the
accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the
Project Agreement.
Project Liaison Date
FIND - Form No. 90-24
Rev. 9/3/92
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
Pro~ect Completion Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance
with the Waterways Assistance Program Project Agreement between the Florida Inland
Navigation District and ,
dated , 19 , and that all funds were expended in
accordance with Exhibit "B" and Paragraph 5 of the Project Agreement.
Project Liaison Name:
Project Liaison Signature:
Date:
NOTARY SEAL
FIND Form No. 90-23
Rev. 9/3/92
EXHIBIT F
WATERWAYS ASSISTANCE PROGRAM PROJECT
STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct 1-DEC 15~ Dec 15-Mar 1__ Mar 1-June 15 June 15-Sep 1
Report Due: (Dec 31) (March 15) (June 31) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Form No. 95-02
EXHIBIT G
WATERWAYS ASSISTANCE PROJECT SCHEDULE
OCTOBER 1997 - Project agreement executed.
DECEMBER 31, 1997 - Project Sponsor submits first quarterly report.
MARCH 15, 1998 - Project Sponsor submits second quarterly report.
JUNE 31, 1998 - Project Sponsor submits third quarterly report.
SEPTEMBER 15, 1998 - Project Sponsor submits fourth quarterly report.
DECEMBER 31, 1998 - Project Sponsor submits fifth quarterly report.
MARCH 15, 1999 - Project Sponsor submits sixth quarterly report.
JUNE 31, 1999 - Project Sponsor submits seventh quarterly report. Project Sponsor
submits for an extension of the project completion date if the project and all close-
out paperwork will not be completed and submitted by September 1, 1999.
SEPTEMBER 1, 1999 - Project Sponsor completes project and submits close-out
paperwork.
SEPTEMBER 30, 1999 - District £mishes processing close-out paperwork,
performs project inspection and submits final reimbursement check to Project
Sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District.
NON-COMPLIANCE by the PROJECT SPONSOR with the PROJECT
SCHEDULE may result in revocation of the agreement.
EXHIBIT H
FLORIDA INLAND
NAVIGATION DISTRICT
CITY OF DELRAV BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
~ POLICE LEGAL ADVISOR
Ali. America City
® TO' David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: September 26, 1997
SUBJECT: Firearms Range Agreement
Attached for your review and insertion on the Consent Agenda are two copies of
the above-referenced agreement. This agreement will allow our officers access
to the Palm Beach County Sheriff's Office range which will allow additional
training for our officers in the use of firearms. The officers would not receive this
type of training with our present facilities.
Liability will not increase for the City as the agreement only allows for
indemnification as permitted by state law. This preserves the protections offered
by F.S. 768.28 for the City.
Please review the agreement and if it meets your approval, please insert the
agreement on the Consent Agenda.
Feel free to contact me if you have any questions regarding this agreement.
EDH:Ibg ~'~-
Attachment
c: City Attorney Susan Ruby
Chief Richard Overman
Pr/nted on Recycled Paper
INDEMNIFICATION AGREEMENT
AND
HOLD HARMLESS
INDEMNIFICATION AGREEMENT
AND
HOLD HARMLESS
WHEREAS, the CITY OF DELRAY BEACH requires its employees
to undergo firearms training; and
WHEREAS, the CITY OF DELAY BEACH does not have a firearm
facility to permit its employees to satisfy its firearms training; and
WHEREAS, the Palm Beach County Sheriff's Office has a firearm
training facility located at 21500 Southern Boulevard, Loxachatchee, Florida,
33470; and
WHEREAS, the Palm Beach County Sheriff's Office is permitting
employees of the CITY OF DELRAY BEACH to utilize its firearm facility for
training purposes,
NOW THEREFORE, in consideration of the Palm Beach County
Sheriff's Office permitting the CITY OF DELRAY BEACH, to utilize its firearms
training facility, the CITY OF DELRAY BEACH agrees to indemnity and hold
harmless to the extent permitted by Florida law, Palm Beach County and the
Sheriff of Palm Beach County, his agents, employees, designees and
appointees from any and all manner of action and actions, cause and causes of
actions, suits, damages, judgments, and claims of any kind whatsoever, in law or
in equity, by its employees or third parties which are based in whole or in part
upon injuries or damages sustained by its employees or by third parties which
are a direct or indirect result from the discharge of a firearm by an
employee/appointee/agent/designee of the CITY OF DELRAY BEACH.
I hereby acknowledge that I have read and understood this Agreement this ~
~ day of ,199_.
IN WITNESS WHEREOF, the parties have executed this lease at
City of Delray Beach, Florida, day and year first above written.
By:.
Mayor Jay Alperin, Lessee Shedff, Palm Beach County
Sheriff's Office
ATTEST:
City Clerk
Approved as to form and
Legal Sufficiency:
city Attorney - Delray Beach
Firearm1 agt/docs/agreernen/mutualag
LAO 9/97
£1TY OF DELRAY BEI:IgH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
'llll 1997
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Agreement for Construction of Water Main - Delray Ocean Estates North
The attached agreement will authorize the City to apply for a State Department of
Transportation ("DOT") work permit. As part of the development of Ocean Estates, it
is necessary for the developer to connect with an existing City water main located within
the A-1-A right-of-way. DOT requires that the City be the applicant for the work
permit. This agreement will authorize the City to apply for the permit on the
developer's behalf.
All other construction liabilities and responsibilities are solely the developer's
responsibility. If you have any questions, please call.
DNT:srnk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Randal Krejcarek, City Engineer
Barron Caronite, Engineer I
oceanest.dnt
AGREEMENT FOR CONSTRUCTION OF
WATER MAIN AT DELRAY OCEAN ESTATES NORTH
THIS AGREEMENT, made and entered into this /~ day of ~_~ ~ ~'"~
1997, by and between OCEAN ESTATES NORTH, a Florida Corporation ("O.E.N.") and the
CITY OF DELRAY BEACH, a Florida municipal corporation ("CITY").
WITNESSETH:
WHEREAS, O.E.N. is presently consa~ucting the Ocean Estates North Development in
the City of Delray Beach along A1A; and
WHEREAS, as part of the construction, O.E.N. is connecting to an existing water main;
and
WHEREAS, the parties desire to enter into this agreement to legally bind each other, and
their heirs, successors and assigns; and
WHEREAS, in order to connect to thc existing City water main, O.E.N. must perform
construction activity within the State of Florida Department of Transportation (D.O.T.) right-of-
way for A1 A; and
WHEREAS, D.O.T. requires the CITY to be the named permit applicant for the
construction, and the parties wish to set forth their agreement with respect to the application for a
D.O.T. utility permit for the connection of O.E.N.'s water main to the CITY'S water main.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the CITY and O.E.N. do hereby agree as follows:
1. The foregoing recitals are tree and correct and are hereby incorporiated herein by
reference. All exhibits to this agreement are hereby made a part hereof.
2. In conjunction with the construction of Dekay Ocean Estates North project, the
CITY agrees to be the named applicant for the D.O.T. work permit for the connection of the
existing water main indicated in the plans attached hereto as Exhibit "A".
3. O.E.N. agrees to pay directly to D.O.T. costs attributable to the permit
application, and all construction costs associated with the water main connection.
4. O.E.N. agrees to perform all construction associated with the water main
construction.
5. The CITY shall be responsible for, and agrees to provide or cause to be
performed, all inspection services during construction of the water main connection and final
certification for the system.
6. In consideration of the payment ofTen Dollars ($10.00) receipt of which is
hereby acknowledged, O.E.N. hereby agrees to defend, indemnify and save harmless the CITY,
its officers, agents and employees, from or on account of any claims, losses, injuries or damages,
received or sustained by any person or persons during or on account of any operations with the
construction of the utility improvements on; or by or in consequence of any negligence, in
connection with the same; or by or on account of any use of any improper materials; or by or on
account of any act or omission of any contractor, subcontractors, their agents, servants or
employees, except for any loss or damage arising from any negligent or intentional act or
omission by the CITY, its officers, agents, or employees. O.E.N. shall defend, indemnify and
save
2
harmless the CITY, its officers, agents and employees, against any liability arising fi.om or based
upon the violation of any Federal, State, County or City laws, permits, by-laws, ordinances or
regulations by the contractor, subcontractors, agents, servants, or employees. O.E.N. shall
defend at its own expense or shall provide for such defense, at the CITY'S option, against any
and all claims or liability and all suits and actions of every name and description that may be
brought against the CITY which may result fi.om the operations and activities under this
Agreement whether the construction operations be performed by the contractor, subcontractor or
by anyone directly or indirectly employed by either, except for any loss or damage arising fi.om
any negligent or intentional act or omission of the CITY, its officers, agents, or employees. The
indemnification shall include all costs and fees, including attorney's fees, and costs, at trial and
appellate levels.
7. This Agreement shall be governed by and construed in accordance with the Laws
of the State of Florida.
8. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail, or by registered expedited service at the addresses as specified below, or at such
other addresses as may be specified in writing by the parties hereto, and any such notice shall be
deemed received on the date of delivery.
CITY: Delray Beach City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561)243-7341
O.E.N.: Ocean Estates North
1715 S. Ocean Boulevard
Delray Beach, Florida 33483
(561)279-0082
3
9. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired. This Agreement shall be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
10. This agreement shall not be valid unless signed by the City Mayor and City Clerk.
IN WITNESS WHEREOF, the CITY and O.E.N. have caused this Agreement to be
signed, sealed and attested on their behalf by duly authorized representatives, all as of the first
date written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:.
City Clerk Mayor
Approved as to Form:
City Attomey
WITNESS #1 OCEAN ESTATES NORTH
By:
~'o s,ft-,,t9 m . m,,'?- ~ /~'¢~,'~ 2...c_o JoSeph (~./fDiamond, President
(Print or Type Name) Ocean Estates North
WITNESS #2 . (SEAL)
(Prim or Type Name)
4
STATE OF FLORIDA
COUNTY OF ,,~/,~ ~5~.~ c~c_~
The foregoing instrument was acknowledged before me this / 9 ""6day of
~<,:~--~_,.x.~/ ,1997 by Joseph C. Diamond (name of acknowledging partner or
agent), partner (or agent) on behalf of OCEAN ESTATES NORTH (name of partnership), a
partnership. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
State of Florida
TM COMMISSION # CC428754 EXPIRES
November 3, 1997
BONDED THRU TROY FAIN INSURANCE, IHO.
5
ATLANTIC AVENUE
CITY of DELRAY BEACH DS~ OC~N ESTATES NOBTIt
~ EN~RO~ENTAL SER~CES DEP~TMSNT ~ SUBD~SION P~T
£1TV DF DELRRV BERgH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America City MEMORANDUM
,~l~l~llll, DATE: September29, 1997
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Amendment to Lease Agreement with Florida East Coast Railway Co.
"FEC"
The City leases six parcels from the Florida East Coast Railway Co. The City Clerk
received the attached letter informing the City that FEC sold parcels C & D to Nauplius
Ltd. Parcels C & D are shown on the attached map. Parcel C is a sidewalk, and Parcel
D is a parking lot across from the Social Security Office at S.E. 3rd Avenue.
As a result of the sale, FEC requests that the City Commission approve the attached
amendment to the agreement. The amendment reflects that only four parcels will be
subject to the agreement, and that the annual rental will be reduced from $5,900.00 to
$4,535.00.
We will be talking to the owner of Parcels C & D to clarify the use of these two parcels
following the expiration of the agreement in December. If you have any questions,
please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Randal Krejcarek, City Engineer
fec-4.dnt
Pnntect i;n R~cycled Paper
FLORIDA EAST COAST RAILWAY COMPANY
ONE MALAGA ~TREET, P. O. BOX 1048, ST. AUGUSTINE, FLORIDA 32085-1048
Tclephonc (904) 826-2269 FAX (904) 826-2322
September 9, 1997
File: 317-3-1
DELRAY BEACH: City of Delray Beach
Lease of Four Parcels for Parking, Roadway and Beautification
MP 316 + 3857'±
Ms. Barbara Garito
Deputy City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Garito:
This has reference to that certain Lease Agreement dated December 17, 1996, by which the City of
Delray Beach leases six parcels for Parking, Roadway, Sidewalk and Beautification, identified as
Parcels A, B, C, D, E and F.
Please be advised that effective September 5, 1997, the Railway has sold the property identified as
Parcels C and D. The two parcels have been deleted from our agreement and assigned to the new
land owner, Nauplius Limited, whose address is 1450 South Dixie Highway, Boca Raton, Florida
33432, Telephone (561) 338-3298, leaving four remaining parcels covered by the agreement..
Attached for substitution in your copy of the Lease Agreement are revised Pages 1-A which reflects
the deletion of the two parcels in the description of the leased property, Page 2 which reflects the
reduced annual rental at $4,535.00, and Page 3 which reflects the use of the remaining Parcels A, B,
E and F, as well as revised Drawing A-1277-B. Since the deletion of Parcels C and D and the
assignment represents an amendment to our agreement, kindly acknowledge your acceptance and
understanding in the spaces provided on Page Two of this letter, returning one signed letter to the
undersigned. All other terms and conditions of the agreement will remain unchanged and in full force
and effect.
In connection with the City's continued occupancy of Parcels C and D, suggest you contact Mr. Bill
Wintzer of Nauplius Limited, in order to make appropriate arrangements for future use.
Sincerely yours,
M. O. Bagley, Manager
Industrial Development & Real Estate
MOB/EVA/ver
Attachments
Ms. Barbara Garito
Deputy City Clerk
City of Delray Beach
September 9, 1997
File: 317-3-1
AMENDMENT TO AGREEMENT AS OUTLINED ON
PAGE ONE OF THIS LETTER ACK2qOWLEDGED AND
ACCEPTED:
CITY OF DELRAY BEACH
By:.
(Print Name and Title).
Date:
Parcel E: A rectangularly-shaped parcel &land on the easterly side of Railway's right of way for its
main track, with said parcel being 25 feet in width, easterly and westerly, by 1,270 feet, more or less,
in length, northerly and southerly, with easterly limit of said parcel of ground space coinciding with
the Railway's easterly right of way line, westerly limit being parallel with and 25 feet distant easterly
of the centerline of the Railway's main track and northerly limit being located 505 feet, more or less,
southerly fi.om Railway's Mile Post No. 317 fi.om Jacksonville, Florida.
Parcel F: A parcel of land on the westerly side of Railway's right of way for its main track at Delray
Beach, Florida, more particularly described as follows:
Beginning at a point located 4,450 feet, more or less, southerly from Railway's Mile Post No. 317
from Jacksonville, Florida, and 28 feet westerly of the centerline of Railway's main track; thence
extending southerly parallel with and 28 feet distant westerly from the centerline of Railway's main
track for a distance of 460 feet, more or less, to a point located 8 feet distant northerly of the north
line of Swinton Avenue, as measured at right angles therefrom; thence westerly parallel with and 8
feet distant northerly from the north line of Swinton Avenue, as measured at fight angles therefrom,
thence westerly parallel with and 8 feet distant northerly of said north line of Swinton Avenue for 30
feet, more or less, to Railway's westerly right of way line; thence northerly along said westerly fight
of way line for 430 feet, more or less; thence easterly for said westerly right of way line for 430 feet,
more or less; thence easterly for 23 feet, more less, to Point of Beginning.
Ail as shown on Railway's Dm.wings A-1277-A, A-1277-B, and A-1277-C, dated 11/29/96, attached
hereto and made a part hereof.
Page 1-A
TO HAVE AND TO HOLD the hereby leased property:
For the term of one (1) year from the effective date hereof subject to renewal as provided in
paragraph D hereof, or until terminated as hereinai~er provided.
LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS:
An annual rental of $4,535.00, plus Florida Sales and Use Tax, payable in cash upon the
execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and
every year therea~er until terminated. All rentals for initial and renewal terms are payable in cash on
the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such
demand.
LESSEE AND RAILWAY COVENANT AS FOLLOWS:
3,. In the event of termination of this lease by Railway before the expiration of the initial or
any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts
owing to Railway under this lease.
B. That none of the provisions hereof shall be waived or modified, except by Railway, or by
mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor
subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that
this lease constitutes the entire understanding of the parties and that neither the failure ofthe Railway
to enforce each and every provision, nor any course of conduct by the Railway shall be considered
as a waiver of these provisions.
C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any
time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of
one or more years, then 30 days prior notice in writing of the intention of the party to terminate this
lease shall be given to the other party. If this lease is for any term less than one year, then 10 days
prior notice in writing of the intention of the party to terminate this lease shall be given to the other
partT, PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or
breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of
termination shall be delivered to the other party by placing such notice in the United States mail with
sufficient postage directed to the other party's post office address, either as last furnished to the
terminating party or as otherwise known to it.
D. If Lessee holds over and remains in possession of the hereby leased property after the
expiration of the term specified in this lease, or any renewals of such term, this lease shall be
considered as renewed for one (1) year, subject to the same terms and conditions as herein contained
in this lease. That Lessee shall have no expectation of renewal and that the term of this lease is only
for the time specified herein, subject always to the termination provisions and regardless of the length
Page 2
of time that Lessee has occupied the leased property, or the construction by Lessee of any buildings,
structures, works, paving, barricades or personal property placed thereon.
E. That if any provision or provisions of this lease shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
F. That Lessee shall use the leased property only for:
Parcel A - Parking Parcel E - Beautification
Parcel B - Roadway Parcel F - Beautification
AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS:
1. To keep the leased property and any buildings or other structure, now or hereafter erected
thereon, in good condition and repair at Lessee's own expense during the existence of this lease, and
to keep the leased property or premises free and clear of any and all grass, weeds, brash and debris
of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway
shall have no duty to inspect or maintain any of the leased property, buildings, or other structures,
if any, during the term of this lease.
2. To vacate, quit and deliver up the leased property on or before any termination date of this
lease in as good condition as it is now.
3. Not to erect or cause to be erected any building or other structure, or any addition to
existing buildings or structures on the leased property without first obtaining the approval in writing
by Railway of the location, material and construction of the same.
4. Not to sublet the leased property or any part thereof, nor assign this lease, without the
consent in writing of Railway, this lease being executed by Railway upon the credit and reputation
of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an
assignment.
5. Not to take any action or allow any action to be taken by third parties which will interfere
with or disparage Railway's title to the leased property.
6. Not to permit the use of the leased property in any manner that will obstruct or imerfere
with the operation of the Railway, or use of its property.
Page 3
[:lTV DF [IELRR'F BERTH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
'IIII: DATE: September29, 1997
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Amendment #1 to Center Based Child Care Agreement with School
District of Palm Beach County
The City Commission approved the current child care agreement with the School District
on June 10, 1997. The agreement provides for the City to provide child care services at
three locations, Pompey Park, the Community Center, and the Delray Full Service
Center.
The attached amendment provides for language regarding the prohibition on hiring
unauthorized aliens. Also, the amendment clarifies that the City is acting as an
independent contractor in its performance of the agreement. As an independent
contractor, the City will not have the authority to bind the School District unless
authorized.
Finally, the amendment will allow the School District to terminate the agreement in the
event the City fails to correct a performance problem after receiving notice. All other
terms of the existing agreement are still in effect.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Roger Ribeiro, Recreation Supervisor III
chldcare.dnt
Center based Child Care
FY 97-98
Amendment #001
This amendment entered into between the School District of Palm Beach County, FL
herein after referred to as the "Agency" and City_ of Delray Beach Parks and Recreation
De.oartment, herein after referred to as the "Provider" hereby amends the contract entered
into by the above named parties on July 1, 1997.
All references to the "Central Agency" in this vendor agreement, including all attachments
and any previously executed amendments, are hereby changed to the "Agency".
Section I., C., 2., e. is hereby added.
e. Not to employ unauthorized aliens. The Agency shall consider employment of
unauthorized aliens a violation of section 274A(e) of the Immigration and
Naturalization Act. Such a violation shall be cause for unilateral cancellation of the
vendor agreement by the Agency.
Section I., M. is hereby amended to read:
M. Independent Capacity of the Contractor
1. In performance of the vendor agreement, it is agreed between the parties that
the Provider is an independent contractor and that the Provider is solely liable
for the performance of all tasks contemplated by this vendor agreement which
are not the exclusive responsibility of the Agency.
2. Except where the Provider is a state agency, the Provider, its officers, agents,
employees, subcontractors, or assignees, in performance of this vendor
agreement shall act in the capacity of an independent contractor and not as an
officer, employee, or agent of the State of Flodda or the Agency. Nor shall the
Provider represent to others that it has the authority to bind the Agency unless
specifically authorized to do so.
3. Except where the Provider is a state agency, neither the Provider, its officers,
agents, employees, subcontractors, nor assignees are entitled to state
retirement or state leave benefits, or to any other compensation of state
employment as a result of performing the duties and obligations of this vendor
agreement.
Section II1., B., 4. is hereby added:
4. Termination for Failure to Satisfactorily Perform Prior Agreement
Failure to have performed any contractual obligations with the Agency in a
manner satisfactory to the Agency will be a sufficient cause for termination. To
be terminated as a Provider under this provision, the Provider must have: (1)
previously failed to satisfactorily perform in a contract with the Agency, been
notified by the Agency of the unsatisfactory performance, and failed to correct
the unsatisfactory performance to the satisfaction of the Agency; or (2) had a
contract terminated by the Agency for cause.
Attachment VI, Special Provisions For The Child Care Investment Fund Program, is
hereby amended as indicated on page 4 of this document.
This amendment shall begin on October 1, 1997.
All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
There are no other modifications except those contained herein, all other terms and
conditions remain in effect from the odginal contract.
This amendment is hereby made a part of the contract.
-2-
IN VVITNESS THEREOF, the parties hereto have caused this z~ page amendment
to be executed by their undersigned officials as duly authorized.
Provider: Palm Beach County School District:
By: By:
Name: Jay Alperin Name: Paulette 8urdick
Title: Ua¥or Title: Chairman
Date: Date:
ATTEST: ATTEST:
By:. By:
Name: Name: Dr. Joan P. Kowal
Title: Title: Superintendent
Date: Date:
or Witness: ' REVIEWED AND APPROVED
~y ATTOR~
Employer I.D. Number:
.59-6000308
ATTACHMENT VI
SPECIAL PROVISIONS FOR THE
CHILD CARE INVESTMENT FUND PROGRAM
A. The Central Agency shall give to the Provider the most current copy of the rules of the
State of Florida DCF, Chapter 65C-21 (formerly 10M-11), Florida Administrative
Code, Subsidized Child Care.
B. The Provider shall conform to the Rules of the State of Florida DCF, Chapter 65C-21
(formerly 10M-11), Florida Administrative code, Subsidized Child Care and to the
most recent requirements of DCF.
C. Payments made by the Central Agency to the provider must be within seven (7)
working days after receipt of full or partial payments from the funding agency in
accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7)
working days will result in a penalty charged against the Agency and paid to the
Provider in the amount of one-half of one (1) percent of the amount due per day from
the expiration of the period allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed fifteen (15) percent of the
outstanding balance due.
D. The Provider shall notify applicants or recipients of their rights to a fair hearing due
to ineligibility for services of termination, suspension, or reduction of services.
E. The Agency shall pay eligible providers a rate for child care, for each qualifying client,
not to exceed the rates approved by the Child Care Investment Fund Program.
F. Following are the approved maximum daily rates allowed by the Child Care
Investment Fund Program:
Age Category Full Time Daily Rate Part Time Daily Rate
Infant $23.00 N/A
Toddler $22.00 N/A
2-year-old $20.00 N/A
Preschool $20.00 N/A
School age $20.00 $10.00
G. The only fees that may be required of a parent whO participates in the Child Care
Investment Fund Program, with the exception of transportation or late pick up fees,
are those listed in DCF's subsidized parent fee schedule.
-4-
£1TY OF I ELAAY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993 MEMORANDUM
TO: David T. Harden, City Manager
THRU: Joe Weldon, Director ~
Parks and Recreation
FROM: J. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: September 29, 1997
SUBJECT: Children's' Services Council Grant Contract
The attached agreement is to provide funding from the Children's' Services Council of up
to $90,189. for the Delray Beach Parks and Recreation Dept. to conduct an a~er-school
program for Delray Beach Elementary school students. These monies will help provide
al[er-school recreational, educational, and social services for 300 students.
Approximately 90% of the children are "latch-key" children.
The program will be housed at three sites; the Community Center, Pompey Park, and the
Delray Full Service Center and will include recreational activities at various City facilities.
The capacity is 100 children at each of the three sites.
J. ~agon, ~sist~nt Director
~/fi'ks and l~ecreation Dept.
cc: File
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Agenda Item No.:
AGENDA REQUEST
Date: Sept. 29, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: Oct. 7, 1997
Description of agenda item (who, what, where, how much): Request approval
of a~reement with Children's Services Council which provides for reimbursement to
the City of Delray Beach up to $90,189 for the Parks and Recreation After School
Program, and signature on two original agreements.
ORDINANCE/ RESOLUTION REQUIRED: YES~O~ Draft Attached: YES/NO
Recommendation: Approve and sign a~reement.
Department Head Signature:
Determination of Consistency wit . omprehensive Plan:
City Attorn~.y--Review/ Recomm~tion (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:
Action: Approved/Disapproved
£1TY OF gELAI:IY BEACH
CiTY ATTORNEY'S OFFICE ~oo .w ,~, ^v,~.~,,~.,~,~,~,,^~,~,~^~., ,~,~o,.,~,^ ~.~.
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali. America CityMEMORANDUM
'llll 2,1 9
1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Children's Services Council Grant Aereement
I have reviewed the modification to the agreement and find it acceptable as to legal
sufficiency and form. However, ! wanted to make you aware of the changes to the
agreement. They are as follows'
1. The Children's Services Council awarded the City $98,303.00 for the 1996/97 fiscal
year. This year the council awarded $90,189.00 to the City.
2. Paragraph 2 of the original agreement is modified by adding six new paragraphs. The
most significant of which is that any changes to the program or program budget must
be approved by the Children's Services Council prior to implementation.
CSC.Sar
Contra~ No. ~-1~
1997-98 Modific~on a~ E~emion Agreemem - ~vernme~al U~t
~: 1
MODIFICATION AND EXTENSION AGREEMENT
This Agreement, entered into as of this 1st day of October,
1997 by and between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH
COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "Council") and City of Delray
Beach/Parks & Recreation
Out-of-School Youth Recreation/Enrichment (hereinafter referred to
as "Provider"), for the period from October 1, 1997 ("Effective
Date") to September 30, 1998.
WHEREAS, by Agreement dated as of October 1, 1996 (the
"Original Agreement"), Provider agreed to provide certain services
and Council agreed to reimburse Provider for those services in
program entitled Parks a Recreation
Out-of-School Youth Recreation/Enrichment, and
WHEREAS, the parties, pursuant to the terms of this
Agreement, have decided to modify and extend the Original
Agreement.
WITNESSETH:
IN CONSIDERATION of mutual agreements hereinafter contained,
the parties intending to be legally bound hereby agree as follows:
1. The Original Agreement is hereby modified by amending
paragraph 1 thereof to read as follows:
The Council agrees to reimburse to the Provider sums up
to $90,189 for provision of services described in
Exhibit "A" (consisting of the Program Evaluation Model)
attached hereto and made a part hereof; composite
Exhibit "B" (consisting of the Council's Budget Forms A,
A1 and B submitted by Provider) attached hereto and made
a part hereof; and Exhibit "C" (consisting of the
Program Data Form) attached hereto and made a part
hereof. It is expressly understood and agreed, by and
between the parties, that the services to be rendered
hereunder by the Provider shall be provided in
compliance with all terms and conditions set forth in
the Exhibits "A", "B", and "C" and with the Conditions
of Award attached hereto and made a part hereof as
Exhibit "D" as well as the terms and conditions of this
document. The attached Exhibits to this Agreement shall
control over any inconsistent provisions in the Exhibits
attached to the Original Agreement.
2. The Original Agreement is hereby modified by adding the
following provisions to paragraph 4:
g. Within 60 days, submit copies of all personnel or
service provision subcontracts, contracts and/or
agreements related to the operation of the program
l~F:98GOV.MOD
~/23/97 10:~ am
Contract No. 97-104
1997-98 Modification and Extension Agreement - Governmental Unit
Page: 2
h. To obtain Council approval for any proposed changes
in the program prior to implementation.
i. To submit and maintain a copy of the following on
file with the Council:
* Personnel Policies and Procedures (submit if
revised within the past twelve months)
* Job descriptions of all Council funded staff
positions (submit if revised within the past
twelve months)
* Certificates of insurance (liability, theft and
auto if vehicle was purchased with Council
funds)
* License(s) to operate agency/program, if
applicable
* Current list of agency board members
* Sales Tax Exemption Certificate
* Service site(s) Fire Inspection Certificate(s)
* Service site(s) Health Inspection
Certificate(s), if applicable
j. To obtain written approval from the Council for any
proposed changes in the program budget hereunder
prior to implementation.
k. The fiscal administration of this Agreement will be
pursuant to the Council's "Fiscal Guidelines"
1. That, in executing this Agreement, the Council
funds to be expended hereunder to support the
budgeted job positions do not replace or supplant
funds previously supplied by Provider for such
positions.
3. Except as otherwise modified herein, the Original
Agreement shall remain in full force and effect.
I04F:98GOV.MOD
09/23/97 10:40 am
Contract No. 97-104
1997-98 Modification and Extension Agreement - Governmental Unit
Page: 3
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by their undersigned duly authorized representatives.
City of Delray Beach
BY: DATE:
Approved as to form and
Print Name legal sufficiency:
Print Title By:
City Attorney
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY
BY: DATE:
Gaetana D. Ebbole
Executive Director
APPROVED AS TO FORM &
LEGAL SUFFICIENCY
BY:
Thomas A. Sheehan, III
Attorney for Children's Services
Council of Palm Beach County
104F:98GOV.MOD
09/23/97 10:40 am
EXHIBIT A
1. Program Evaluation Model
EXHIBIT B
1. Form A: Program Budget Narrative
2. Form A-1: Personnel Budget Narrative
3. Form B: Program Budget
by Funding Sources
0
IJJ
-J
~ ~ o ~
o
(7) (D ,r- 0
EXHIBIT C
1. Program Data Form C
1997-98 BASE PROGRAM APPLICATION DATA FORM
PROGR, dM FORM C
PROGRAM: After-School Program
IAGENCY: Delra¥ Beach Parks and Recreation Dept.
P~IRT ir: PROGRAM INFOR. M.~ TION
Primary* Outreach**
CHOOSE ONE OF THE FOLLOWING:
HOW MANY CHILDREN WILL BE SERVED 10/1/97 TO 9/30F387 300 0
HOW MANY ADULTS WILL BE SERVED 10/1/97 TO 9/30/cJ67 0 0
HOW MANY FAMILIES WILL BE SERVED 10/1F37 TO 9/3~367 0 0
WHAT ARE THE AGES OF THE WHAT GEOGRAPHIC AREA(S) IN PALM
CLIENTS YOU WILL SERVE? BEACH COUNTY WILL YOU SERVE?
BIRTH-5 North
6 - 11 x Central
12 - 18 South x
19+ East x
All of the above West
All of the Above
HOW MANY EMPLOYEES WILL YOUR PROGRAM HAVE? For CSC Use Only:
(Full-time equivalents) Full time 1
Part time 21
HOW MANY EMPLOYEES WILL BE FUNDED BY CSC?
Full time 1
Part time 8
II
PROGRAM
csc FUNDS $101,252 $90,189 ($11,063i -10.93%
TOTAL PROGRAM BUDGET $267,182 $232,621 ($34,561) -12.94%
CSC % OF PROGRAM BUDGET 37.90
AGENCY
TOTAL AOENCY BUDGET $5,300,000 $5,400,000 $100,000 1.89%
PROGRA.M % OF AGENCY BUDGET 5.04% 4.3
~ PE~ (PRoPose) $629 $775 146 23
FOR CSC USE ONLY
* A primary client is one that receives direct service more than once.
** An outreach client is one that receives a presentation or screening one time only.
EXHIBIT D
1. Conditions of Award
CONTRACT 97-104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
CONDITIONS OF AWARD
I. PROGRAMMATIC
A. Issues or information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B. Conditions to be observed throughout contract:
1. Provider agrees to ensure that children participating in
the after school program will be referred and given
priority to attend city-sponsored programs during school
holidays and teacher planning days.
2. Council dollars will be used to serve elementary school
age children only.
3. Ail staff funded through the Council must complete:
The ten (10) hour module in Developmentally
Appropriate Practice: Elementary Age. (one
time only)
10 Hours of annual in-service training in
Developmentally Appropriate Practices.
II. FISCAL
A. Issues of information to be furnished or resolved within
sixty (60) days of execution of contract:
N/A
B. Conditions to be observed throughout contract:
1. To encourage parents and clients to be responsible
partners, Provider agrees to require a minimum fee for
services.
a. The Council encourages Provider to adopt the
Department of Children and Families Subsidized Child
Care Parent Fee Schedule or,
b. Use the Department of Children and Families Parent
Fee Schedule with modifications to the daily rate,
which are approved in writing by the Council, or
c. Implement a sliding fee scale in a format approved,
in writing by the Council.
F:QA_DATA\~-98COA\BASE.l~ $ep23,1~7 ll:43am
P~cl
~ONTRACT 97-104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
2. If any fees are generated by the Council funded program
in excess of the amount budgeted, the Provider will
notify Council staff prior to spending the funds
generated from fees. The Provider agrees to
prioritize the use of excess fees in the following
order:
a. Increase the number of clients attending the
program up to the point of capacity.
b. Improve the staff-to-child ratio.
c. Purchase those items which would be considered
"enhancements" to the service being provided in
order to improve ~he quality of the program.
d. Reduce the Council's funding by the amount of the
excess fees received.
3. Ail fees venerated by the Council funded program will be
recorded in a separate revenue account.
F:QA_DATA\97-98COA\BASE. 104 Sep 23, 1997 11:43 am
Page 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITy~rk~IAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 7, 1997
RESOLUTION NO. 77-97 (METROPOLITAN PLANNING
ORGANIZATION INTERLOCAL AGREEMENT)
DATE: OCTOBER 2, 1997
In December, 1995, the City Commission adopted Resolution No.
88-95 in support of the appointment of an additional voting
member representing Palm Beach County to the Metropolitan
Planning Organization. The request was initiated by the Board of
County Commissioners, supported by the local governments
comprising the MPO, and was subsequently approved by the Governor
pursuant to statutory requirements.
The resolution now before the Commission approves execution of
the Interlocal Agreement by the MPO member entities and accepts
the expanded membership to include the additional voting
representative for Palm Beach County from a statutorily
authorized planning board.
Recommend approval of Resolution No. 77-97.
ref:agmemo7
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
I~ i 160 Australian Avenue. Suite 201, West Palm Beach, Florida 33406 Tet. f561) 684-4170
¢l}'f' 60gMISSI0N September 17, 1997
The Honorable Jay Alperin
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
RE: MPO Interlocal Agreement
Dear Mayor Alperin:
The Metropolitan Planning Organization (MPO) is created under Chapter 339.175, F.S., by an
Interlocal Agreement between the member organizations and the Florida Department of
Transportation. This Agreement sets forth the MPO planning requirements and the membership of
the MPO Board.
At the request of the Board of County Commissioners, the MPO submitted a plan to add another
voting member representing the County. This member would be appointed by the County
Commission from a statutorily authorized planning board. The Governor has approved the
additional MPO member for Palm Beach County.
Enclosed is the standard agreement prepared by the State for formation of an MPO. The
membership for the Palm Beach MPO is reflected in the agreement. Also enclosed is a sample
resolution authorizing execution of the Interlocal Agreement. Following transmittal of two executed
copies of the authorizing resolution, the staff will schedule the signing of the thirteen copies of the
agreement. After execution by all parties, a copy with ori.ginal signatures will be sent to you.
If you have any questions, please contact me.
Sincerely, ~
D.~l~~eld, P.E. ~
cc: Kenneth Ellingsworth, Deputy Vice-Mayor, City of Delray Beach
RO. Box 21229, West Palm Beach, Florida 33416-1229
RESOLUTION NO. 77-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN
INTERLOCAL AGREEMENT TO EXPAND MEMBERSHIP OF THE
METROPOLITAN PLANNING ORGANIZATION TO INCLUDE AN
ADDITIONAL VOTING REPRESENTATIVE FOR PALM BEACH
COUNTY.
WHEREAS, the Intermodal Surface Transportation Efficiency
Act of 1991 (ISTEA) and Chapter 339.175, Florida Statutes, call for
metropolitan planning organizations to perform transportation
planning in urban areas; and
WHEREAS, Chapter 339.175, Florida Statutes, sets forth the
requirements for creation of the Metropolitan Planning Organization
through an Interlocal Agreement and identifies the membership and
designation process by the Governor's Office; and
WHEREAS, the Metropolitan Planning Organization of Palm
Beach County proposes to expand its membership to provide an
additional voting representative for Palm Beach County from a
statutorily authorized planning board; and
WHEREAS, the Governor has approved the addition of another
voting member for Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the expansion of the membership of the
Metropolitan Planning Organization of Palm Beach County to include
an additional voting representative for Palm Beach County is
accepted.
Section 2. That the Interlocal Agreement creating the
Metropolitan Planning Organization and identifying the membership is
approved.
PASSED AND ADOPTED in regular session on this the 7th day
of October, 1997.
wCity ~l~rk - ' -
FORM J25-010-01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION POLICY PLANNING
INTERLOCAL AGREEMENT FOR CREATION OF THE o~c-o~
Page I of 10
PALM BEACH METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this .... day of ,
199 , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY(IES) OF
Palm Beach: the MUNICIPALITIES OF Belle Glade. Boca Raton. Bovnton Beach. Delray Beach. Jupiter. Lake
Worth. Palm Beach Gardens. Riviera Beach, West Palm Beach: and the Port of Palm Beach.
RECITALS:
WHEREAS, the Federal Government, under the authority of 23 USC Section 134 and Sections 4(a), 5(g)(1),
and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1), and 1607], requires that each
metropolitan area, as a condition to the receipt of federal capital or operating assistance, have a continuing,
cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the
comprehensively planned development of the metropolitan area, and stipulates that the State and the metropolitan
planning organization shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out
such transportation planning;
WHEREAS, the parties of this Interlocal Agreement desire to participate cooperatively in the performance, on a
continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities,
mass transit, rail systems, air transportation and other facilities' will be properly located and developed in relation to the
overall plan of community development;
WHEREAS, 23 USC Section 134 (a) and (b), as amended by the Intermodal Surface Transportation Efficiency
Act of 1991, 49 USC Section 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Florida Statutes, provide
for the creation of metropolitan planning organizations to develop transportation plans and programs for metropolitan
areas;
WHEREAS, pursuant to 23 USC Section 134(b), 49 USC app. Section 1607(b), 23 CFR Section 450.306(a),
and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose
local government representing at least 75 % of the affected population in the metropolitan area to designate a
metropolitan planning organization;
WHEREAS, pursuant to Section 339,175(3), Florida Statutes, by letter to Mr. John F. Koons. Chairman
dated December 27. 1996, the Governor has agreed to the apportionment plan of the members of the proposed MPO as
set forth in this Agreement;
WHEREAS, pursuant to 23 CFR Section 450.306(c), as implemented by Section 339.175(1)(b), Florida
Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by
the Governor for membership on the MPO;
WHEREAS, the interlocal agreement is required to create the metropolitan planning organization and delineate
the provisions for operation of the MPO;
WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is
consistent with Section 339.175(1 )(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent
with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and
WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirements of
Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the
parties desiring to be legally bound, do agree as follows:
FORM
POLICY PLANNING
OGC -
Page 2 of 10
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated
herein and acknowledged to be true and correct. Failure of any of the foregoing recitals to be true and correct shall not
operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall
clearly indicate the contrary) shall have the following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
"Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of
Florida created pursuant to Section 20.23, Florida Statutes.
"Long Range Transportation Plan" is at a minimum a 20-year plan which: identifies transportation facilities;
includes a lrmancial plan that demonstrates how the plan can be implemented and assesses capital improvements
necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation
facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas
is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322,
Section 339.175(6), Florida Statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area
containing at least a population of 50,000 as described in 23 USC Section 134(b)(1) and Section 339.175, Florida
Statutes, which shall be subject to the MPO.
"MPO' means and refers to the metropolitan planning organization formed pursuant to this Agreement.
"Transportation Improvement Program (TIP)" is the transportation document which includes the following
components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan
demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and
project phases are consistent with applicable local government comprehensive plans adopted pursuant to Section
163.3161 et ~eq., Florida Statutes: and an indication of how improvements are consistent, to the maximum extent
facilities, with affected seaport and airport master plans and with public transit development plans of the units of local
government located within the boundaries of the MPO, all as. required by 23 USC Section 134(h), 23 CFR Section
450.324, Section 339.175(7);, Florida Statutes.
"Unified Planning Work Program (UPWP)' is the annual plan developed in cooperation with the Depa,~ment
and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a
complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, Section 339.175(8),
Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes of transportation in a
manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and
minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which plans and
programs provide for the development of transportation facilities that will function as multi-modal and an intermodal
transportation system for the metropolitan area;
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(c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning
process that results in coordinated plans and programs consistent with the comprehensively planned development of this
affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 USC
Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1),
and 1607]; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as
required by 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection
1603(a), 1604(g)(1), and 160'7]; 23 CFR, Parts 420 and 450 and 49 CFR Part 613, Subpan A: and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws.
Section 2.02. ]Vllaj01r MPO Respgnsibilifies. The MPO is intended to be a forum for cooperative
decision making by officials of the governmental entities which are party to this Agreement in the development of
transportation-related plans and programs, including but not limited to:
(a) The long range transportation plan;
(b) The Transportation Improvement Program;
(c) The Unified Planning Work Program;
(d) A congestion management system for the met.ropolitan area as required by state or federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state or federal
law;
(f) Assisting the Department in performing its duties relating to access management, functional
classification of roads, and data collection; and
(g) Performing such other tasks presently or hereafter required by state or federal law.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans.
Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044,
Florida Statutes, shows the legislative intent that the Depataczent shall be responsible for coordinating the planning of a
safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, Florida Statutes,
requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible,
strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175,
Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management of a
continuing, cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339,
Florida Statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida
Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning
processes and planning integrity of local governments as set forth in aforementioned law shall not be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant to the
Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan
planning organization shall be Palm Beach Metropolitan Planning Organization.
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Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval,
permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or
responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to
the extent of its legal capacity, comply with all applicable laws and requirements.
Section 3.03. Governing board to act as policy-makin_e body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO responsible
for cooperative decision-making of actions taken by the MPO. The Governing Board is the policy-making body that is
the forum for cooperative decision-making and will be taking the required approval action as the MPO.
Section 3.04. Submission of proceedings: Contracts and other documents. Subject to requirements
of confidentiality of public records under Florida law and the right to claim an exemption (-rom the Florida Public
Records Law, Chapter 119, Florida Statutes, the MPO shall submit to the Department such data, reports, records,
contracts, and other documents relating to its performance as a metropolitan planning organization as the Department
may require...The MPO shall have a right to charge responsible charges for reproduction of public records as permitted
by Chapter 119, Florida Statutes.
Section 3.05. ~]~f_~Z.e,2{.~. All parties to this Agreement, and the affected Federal funding
agency (i.e., FHWA, FEDERAL TRANSIT ACT, and FAA) shall have the rights of technical review and comment of
MPO projects.
ARTICLE 4
COMPOSITION: MEMBERSHIP: TERMS OF OFFICE
Section 4.01. Composition and membership of gov¢~ing l~gard.
(a) The membership of the MPO shall consist of eighteen (18) voting representatives and one (1) non-
voting representative. The names of the member local governmental entities and the voting apportionment of the
governing board as approved by the Governor shall be as follows:
Jurisdiction Members
Palm Beach County 6 (including a member of a statutorily authorized planning
board)
Belle Glade 1
Boca Raton 2
Boynton Beach 1
Delray Beach 1
Jupiter 1
Lake Worth 1
Palm Beach Gardens 1
Riviera Beach 1
West Palm Beach 2
Port of Palm Beach 1
Florida Department of Transportation 1 (non-voting)
(b) All voting represematives shall be elected officials of general purpose local governments, except to
the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized
planning board or an official of an agency that operates or administers a major mode of transportation. All individuals
acting as a representative of the governing board of the county, the city, or authority shall first be selected by said
governing board.
(c) In no event shall the county commission representatives constitute less than one-third of the total
number of representatives on the MPO.
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(d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned
appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a
representative, tlmt appointment shall be made by the Governor from the eligible individuals of that governmental
entity.
Section 4.02. Terms. The term of office of members of the MPO shall be four (4) years. The
membership of a member who is a public official automatically terminates upon said official leaving the elective or
appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental
entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be
appointed for one or more additional four (4) year terms.
ARTICLE 5
AUTHORITIES. POWERS. DUTIES AND RESPONSIBILITIES
Section 5.0I. General authori~. The MPO shall have all authorities, powers and duties, enjoy
all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate
to managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section
339.175(4) and (5), Florida Statutes.
Section 5.02. Specific authority_ and powers. The MPO shall have the following powers and
authority:
(a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or
may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff
resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into contracts for the
performance of service functions of public agencies;
(c) As provided in Section 163.01(5)(,]), Florida Statutes, the MPO may acquire, own, operate,
maintain, sell, or lease real and personal property;
(d) /~s provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grants,
assistance, gifts or bequests from local, State, and Federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations
enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and
regulations; and]
· (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and
339.175, Florida Statutes, and as my otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a
technical advisory committee;
(b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a
citizens' advisory committee;
(c) As provided in Section 163.01(5)(o), Florida Statutes, the MPO membership shall be jointly
and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or
bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget which
shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program;
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(e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation
planning process as required by 23 CFR, Part 420 and 450 and 49 CFR Part 613, Subpart A, and consistent with
Chapter 339, Florida Statutes, and other applicable state and local laws;
(f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreements
with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental
coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative
manner in which the transportation planning process will be coordinated and included in the comprehensively planned
development of the area;
(g) Prepare the Long-Range Transportation Plan;
(h) In cooperation with the Department, prepare the Transportation Improvement Program;
(i) In cooperation with the Department, prepare and annually update the Unified Planning Work
Program;
(j) Prepare a congestion management ~,stem for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by state or
federal law;
(1) Assist the Depatm~ent in performing its duties relating to access management, functional
classification of roads, and data collection;
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal law; and
(o) Adopt operating rules and procedures.
ARTICLE 6
FUNDING: INVENTORY REPORT: RECORD-KEEPING
Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation planning funds.
Section 6.02. Inventory_ report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this
Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part 18,
Subpart C, and all other applicable federal regulations.
Section 6.03. Record-keepin~ and document retention. The Department and the MPO shall prepare
and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part
420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes.
ARTICLE 7
MISCELLANEOUS PROVISION
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In
addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by
law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or
any legal or administrative entity created or authorized by this Agreement, in which case this performance may be
offered in satisfaction of the obligation or responsibility.
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Section 7.02. Amendment of Agr~¢l~r~t. Amendments or modificati~)ns of this Agreement may
ordy be made by written agreement signed by ail parties here to with the same formalities as the original Agreement.
No amendment may alter the apDortionment or jurisdictional boundaries of the MPO without approval by the
Governor.
Section 7.03. Duration: withdrawal procedure.
(a) ]Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than June 30, 2002 and at least every five (5) years thereafter, the
Governor shall examine the composition of the MPO membership and reapportion it as necessary to comply with
Section 339.175(2), Florida Statutes, as appropriate. During examination of the MPO apportionment every five (5)
years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of
the contents and to recommend amendments, if any, that are required.
Co) Withdrawal procedure. Any party, except Palm Beach County and the United States Bureau
of the Census designated center city(ies), may withdraw from this Agreement after presenting in written form a notice
of intent to withdrawal to the other parties to this Agreement and the MPO, at least ninety (90) days prior to the
intended date of withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal
of the member and alteration of the list of member governments that are signatories to this Agreement. The
memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is
located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the
remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate.
The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and MPO
rules for appropriate revision. In the event that another entity is to accorded membership in the place of the member
withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR Section 450.306(k), adding membership
to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory
to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for under
this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return
receipt requested. Notice required to be given shall be addressed as follows:
Palm Beach County City of Belle Glade
Post Office Box 1898 110 Southwest Avenue "E"
West Palm Beach, FL 33402-1989 Belle Glade, FL 33430
City of Boca Raton City of Boynton Beach
201 West Palmetto Park Road 100 East Boynton Beach Boulevard
Boca Raton, FL 33432 Boynton Beach, FL 33435
City of Delray Beach Town of Jupiter
100 Northwest First Avenue 210 Military Trail
Delray Beach, FL 33444 Jupiter, FL 33458
City of Lake Worth City of Palm Beach Gardens
7 North Dixie Highway . 10500 North Military Trail
Lake Worth, FL 33460 Palm Beach Gardens, FL 33410
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City of Riviera Beach City of West Palm Beach
.600 West Blue Heron Boulevard Post Office Box 3366
Riviera Beach, FL 33404 West Palm Beach, FL 33402-3366
Port of Palm Beach Florida Department of Transportation - Dist. IV
Post Office Box 9935 3400 West Commercial Boulevard
Riviera Beach, FL 33419-9935 Fort Lauderdale, FL 33309-3421
A party may unilaterally change its address or addressee by giving notice in writing to the other panics as provided in
this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the
new address.
Section 7.05. Interpretation.
(a) Drafters of Agreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this
Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against
any party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or
administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which
shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and
requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules of construction
shall apply unless the context indicates otherwise:
(1) The singular.of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. l~nforcement by parties hereto. In the event of any judicial or administrative action
to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection
with such proceeding.
Section 7.07. A_ereement execution: Use of counterpart signature pages. This Agreement, and any
amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be
deemed to be an original, and such counterparts together shall constitute one and the same instrument.
Section 7.08. Effective date; Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of the
Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become
effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is
located.
(b) Recordation. The Florida Department of Transportation hereby agrees to pay for any costs
of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto
located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its
records.
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IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf
of the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER
OF PALM BEACH COUNTY, FLORIDA
BY: BY:
CHAIRMAN MAYOR
ATTEST: ATTEST:
DEPUTY CLERK CLERK
CITY OF BELLE GLADE CITY OF LAKE WORTH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOCA RATON CITY OF PALM BEACH GARDENS
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF DELRAY BEACH CITY OF WEST PALM BEACH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
FORM $2~..0 J O-OI
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PORT OF PALM BEACH
BY:
CHAIR
ATTEST:
EXECUTIVE DIRECTOR
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY
Approved as to Form:
Florida Department of Transportation
BY:
ATTORNEY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM # ~- H. - MEETING OF OCTOBER 7, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 3, 1997
Attached is the Report of Appealable Land Use Items for the
period September 22 through October 3, 1997. 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 appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIREC~qR ~
DEPARTMENT OF PLANNING~ANI::)~ZONING
FROM: //JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF OCTOBER 7, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
SEPTEMBER 22, 1997 THRU OCTOBER 3,1997
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of September
22, 1997 through October 3, 1997.
This is the method of informing the City Commission of 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 City 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.
City Commission Documentation
Appealable Items Meeting of October 7, 1997
Page 2
A. Tabled (7 to 0), the request to modify the approved landscape plan
for Doc's Soft Serve so that the applicant may incorporate
additional changes to the plan.
B. Approved (7 to 0), a Certificate of Appropriateness to allow the
addition of new fabric awnings at the Rhoden Building, located at
the southeast corner of Swinton Avenue and East Atlantic Avenue
C. Approved (6 to 0, Keller stepped down), a Certificate of
Appropriateness associated with the construction of a new single
family residence to be located at the northwest corner of Swinton
Avenue and N.W. 3rd Street. Concurrently, the Board approved a
reduction of the required 5' landscape strip along the south
property line to 4' for a distance of 50', and to 2' for a distance of
approximately 36'.
Other Items
The Board agreed on a 7 to 0 vote, to set a public hearing date of
October 15, 1997, for the designation of the Turner House located at 145
S.E. 6th Avenue to the local register of historic places.
No Regular Meeting of the Board was held during this period.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF OCTOBER 7, 1997
L-30 CANAL
LAKE IDA ROAD
N.W. 2ND
S.W. 2ND
!
LOWSON BOULEVARD '""
LINTON BOULEVARD
BOULEVARD
i
~ i_ ..... J
L-38 CANAL C-15 CANAL
OT~ L,M,TS ........... H.P.B. '
A. - DOC'S SOFT SERVE
B. - RHODEN BUILDING (2 E. ATLANTIC AVE.)
[ M~LE J C. -- TONY KELLER'S RESIDENCE
SCALE
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF OCTOBER 7, 1997
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 19, 1997
This is before the Commission to approve the award of the
following:
1. Purchase award to Physio-Control Corporation, sole source
provider, for six (6) LifePak 11 Cardiac/Defibrillator units
at a total cost of $90,024, with funding from 334-6112-519-
64.90.
[ITY JIF BELl:lAY BEI:I[H
FIRE DEPARTMENT SERV,NC~ DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
Ali. America City
1993M E M O R A N D U M
TO: DAVID HARDEN, CITY MANAGER
FROM: D.R. TRAWICK, DIVISION CHIEF
DATE: SEPTEMBER 25, 1997
SUBJECT: PURCHASE OF CARDIAC DEFIBRILLATORS LIFEPAK 1 l's
As you are aware we are anticipating purchase of LifePak 11 Cardiac/Defibrillator
units fi.om the CIP budget, replacing some with revenue from an EMS grant of $56,000.
We are planning to trade-in some of our 10's on these new 11 's and retain some of the
LifePak 10's for use on our Engines making them ALS units.
We have been informed that we can utilize a 12.5% discount if we initiate our
order before September 30, 1997. The breakout will be as follows:
Purchase 2 LifePak 11 's with trade-in for 10's;
trade-in per LP 10 =$4,500 per unit
cost per unit with trade-in $12,004.00
__3: 2_
$24,008.00
Purchase 4 LifePak 11 's without trade-in
cost per unit $16,504.00
X4
$66,016.00
Total Cost $90,024.00 a,~/!
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
Our imem is to provide these LifePak 11 units on all Rescue Units and the EMS
Supervisor. This will allow us to place some of the existing LifePak 10 units on Engines
and units designated for Special Events without shorting our daily response units.
Attached is a sole source letter from the vendor Physio Control. Sorry for the late
notice on this price break. Please notify me if I can be of any additional assistance.
D.R. Trawick
Division Chief
cc. Fire Chief
SENT-BY: 0-25-87 ; l:86PM ; SALES DEPT--, 561 243 7461:# 2/ 2
f'hysit~-(~ontl'cd Coq~o~mkm
t 1811 Willow.~ It(mil ['d¢ltl~JRi,:i:~t
Po.~ t')/l~*:~ Ilm, 97023
LIFESAVI~C, TOOLS FOR LIFESAVING ]'CAMS
September 25, 199'7
Dear Customer,
In response to your recent ~'equest, i am writing to verify that Physio-C, mttoi
.Corporation is the only source from which to obtain, the LIFEPAK® I] eaidiae
care s),stem, its accessories, parts and service in your marketplace. ?hy.~io-
Control does ~ot utilize the services of ,'tn~r dealers or distributors ia salesI of
our products in your marketplace
tt' you have 8n¥ further questions, please feel free to contact me at (800) ,442-
1142 ext. 4280,
Sincerely,
Customer Operatimls Supervisor
PHYSIO-CONTROL CORPORATION
lIT'/OF DELRI:I¥ BEI:I[H
FIRE DEPARTMENT SERVINC- DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DIFL£AY BI:ACH
AlI.Amedca City
19%M E M ORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: D.R. TRAWICK, DIVISION CHIEF
DATE: SEPTEMBER 25, 1997
SUBJECT: PURCHASE OF CARDIAC DEFIBRILLATORS LIFEPAK 1 l's
As you are aware we are anticipating purchase ofLifePak 11 Cardiac/Defibrillator
units from the CIP budget, replacing some with revenue from an EMS grant of $56,000.
We are planning to trade-in some of our 10's on these new 11 's and retain some of the
LifePak 10's for use on our Engines making them ALS units.
We have been informed that we can utilize a 12.5% discount if we initiate our
order before September 30, 1997. The breakout will be as follows:
Purchase 2 LifePak 11 's with trade-in for 10's;
trade-in per LP 10 =$4,500 per unit
cost per unit with trade-in $12,004.00
X2
$24,008.00
Purchase 4 LifePak 11 's without trade-in
cost per unit $16,504.00
X4
$66,016.00
C"'; '/
Total Cost $90,024.00 / ~q'~ ~-~"-~"~ ,W~7~,. ~~r '
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH. FLORIDA 33444
f561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF OCTOBER 7, 1997
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/THE BOY'S FARMERS MARKET
DATE: OCTOBER 3, 1997
This is before the Commission to consider an appeal of the Site
Plan Review and Appearance Board's action with respect to a minor
site plan modification to reconfigure the existing parking lot at
the Boy's Farmers Market, located on the east side of Military
Trail, approximately 2,100 feet north of Atlantic Avenue.
The Code Enforcement Division cited the owner for permitting
customer parking on the unimproved surface of the north portion
of the property. The site plan that is the subject of this
appeal (Exhibit A) was submitted to bring the property into
compliance by reconfiguring and paving the portion of the north
lot adjacent to Military Trail, and by providing driveway
connections to the parking tier to the east.
After lengthy discussion, SPRAB voted 7-0 to recommend that the
modification request be approved based on positive findings with
respect to Chapter 3 (Performance Standards) and Section
2.4.5(G) (5) of the Land Development Regulations and the policies
of the Comprehensive Plan, subject to conditions as outlined in
the attached materials.
Recommend approval of the Site Plan Review and Appearance Board's
decision and approve the modification for the Boy's Farmers
Market, subject to SPRAB's findings and conditions.
I
TO: DAVID T. HARDEN, CITY MANAGER
THRU' DIANE DOM INGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING ""
/
FROM: JEFFREY A. COSTELLO'~
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 7, 1997
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
CONDITION OF APPROVAL ASSOCIATED WITH A MINOR SITE PLAN
MODIFICATION FOR THE BOY'S FARMERS MARKET.
The action requested of the City Commission is consideration of an
appeal of the Site Plan Review and Appearance Board's condition of
approval associated with a minor site plan modification for The Boy's
Farmers Market. The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of Atlantic Avenue, within the
GC (General Commercial) zone district.
SPRAB action was taken on September 17, 1997. The focus of the
applicant's appeal relates to the condition of approval to reconfigure the
existing parking lot adjacent to Military Trail.
The development proposal encompasses the north portion of The Boy's Farmers
Market property. The proposed modification consists of the following:
· Construction of a 68-space parking lot containing 36 permanent spaces on the west
side of the site and 32 temporary spaces on the east side of the site;
· Approval of two coolers and a shed which have already been installed; and,
· Installation of associated landscaping.
The north half of the site is currently unimproved (shellrock) and is being utilized for
parking. Site plan approval for this portion of the property was never granted. Site plan
approval was obtained for the south half of the property on July 13, 1994, for
construction of the existing market as well as the associated parking and landscaping.
The parking lot included 2 two-way driveways on Military Trail and within the parking lot.
The improvements associated with the site plan have been installed. However, on the
south half of the property, the Market has implemented their own parking
City Commission Documentation
Meeting of October 7, 1997
Appeal of SPRAB's Decision - The Boy's Farmers Market Minor Site Plan Modification
Page 2
circulation/management plan, which restricts use of the south driveway to ingress only,
and the north driveway to egress only. In addition, the drive aisles between the parking
rows have been marked one-way (north only from the ingress drive) creating a
confusing on-site circulation pattern. Further, patrons park along the south side of the
ingress drive (spaces are not marked) contributing to vehicular congestion for incoming
traffic. This circulation pattern is inconsistent with the approved site development plan
and has been implemented without City approval. There have been numerous
complaints made to the City Manager's office regarding the existing situation.
The Code Enforcement Division has cited the property owner for making the changes
on the south half of the property and for parking on the unimproved surface on the north
portion of the property. The site plan that is the subject of this appeal was submitted to
bring the property into compliance by paving the north section. With review of this
proposal, it is appropriate to revisit the existing parking and circulation on the south
portion of the site. In order to mitigate the existing traffic hazards and provide a safe
traffic circulation on the site, modifications to the existing parking lot should be made at
this time, in accordance with attached Exhibit A. The changes include reconfiguring the
portion of the existing parking lot adjacent to Military Trail and providing driveway
connections to the parking tier to the east. This configuration will provide a much
longer stacking area on the site, thereby reducing the backing-up of vehicles onto
Military Trail as customers wait to turn into the first parking tier.
At its meeting of September 17, 1997, the Site Plan Review and Appearance Board
reviewed the site plan modification request to install the north parking lot. There was
no public testimony regarding the request. The applicant's agent/engineer, Gerry
Church, made the following comments as to why he felt the existing parking should not
be reconfig ured:
· The addition of 68 spaces on the north end and installation of "No Parking" signs
along the access drives will alleviate the congestion at the driveways.
· The directional signs and pavement markings installed on the south parking lot will
be removed and replaced with directional signage and pavement markings per the
approved plans.
· The existing parking lot was approved by the City, and the owner does not feel it is
reasonable to require modification to the existing parking lot layout.
· The changes are costly and disruptive resulting in the loss of 6 spaces at the front of
the store.
In addition to the above, the agent requested deferral of the reconfiguration to allow a
traffic consultant to study the situation, and suggested that security personnel could be
hired to direct traffic.
The Board discussed the proposal and felt that the existing configuration is a safety
concern, especially with stacking onto Military Trail, and did not feel that the additional
City Commission Documentation
Meeting of October 7, 1997
Appeal of SPRAB's Decision - The Boy's Farmers Market Minor Site Plan Modification
Page 3
68 spaces would alleviate the existing traffic circulation problems. The Board did not
feel that the construction of the reconfiguration would be significantly disruptive to the
facility. They stated that the improvements to the north parking lot would attract even
more customers, and that to defer the reconfiguration would be more disruptive as it
would occur during the peak season.
After lengthy discussion, SPRAB voted 7-0 to approve the site plan modification
request based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(G)(5) of the Land Development Regulations and the
policies of the Comprehensive Plan subject to the following conditions:
1. That revised plans be submitted addressing the Site Plan Technical Items of the
Staff Report;
2. That the site plan configuration depicted on Exhibit A of this report be implemented;
and,
3. That the temporary parking lot (east side of the north lot) be allowed to exist until
September 1, 2000, at which time the parking lot is to be constructed within 6
months of that date (by March 1, 2001), or the parking use is to cease pending
submittal of future development proposals.
The Board stated that they would consider an alternative proposal by the applicant's
engineer if it addressed their concerns and was a better alternative than the Exhibit
presented by staff.
A. Continue with direction.
B. Uphold the Site Plan Review and Appearance Board's decision and approve the
site plan modification for The Boy's Farmers Market subject to SPRAB's
findings and conditions.
C. Reverse the Site Plan Review and Appearance Board's decision and approve
the site plan modification for The Boy's Farmers Market subject to the
conditions indicated by SPRAB, excluding the condition regarding
reconfiguration of the existing parking lot adjacent to Military Trail.
Uphold the Site Plan Review and Appearance Board's decision and approve the site
plan modification for The Boy's Farmers Market subject to SPRAB's findings and
conditions.
Attachments:
· ExhibitA (Staffs Recommendation)
· Exhibit B (Applicant's Proposal))
Gerald B. Church, P.E.
2575 South Ocean Boulevard
Apartment 310
Highland Beach, Florida 33487
September 22, 1997
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Minor Site Pian Modification
Boy's Farmers Market
Dear Ms. Harty:
Elizabeth and Anthony Fanelli are the owners of the property
located at 14378 Military Trail, Delray Beach, Florida. The Boy's
Farmers Market is located on a portion of the property. Mr. and
Mrs. Fanelli submitted an application for a minor site plan
modification to construct permanent and temporary parking lots
associated with the existing building.
As designated agent for the Mr. and Mrs. Fanelli, this letter
will serve as your notification that Mr. and Mrs. Fanelli are
appealing the decision of the Site Plan Review andAppearance
Board rendered on September 17, 1997 regarding their request for
the minor site plan modification. Specifically, Mr. and Mrs.
Fanelli are appealing the portion of the decision requiring
reconfiguration of the existing parking lot to conform with
Exhibit "A" of the staff report. Mr. and Mrs. Fanelli are
requesting that the existing parking lot remain as built, and as
previously approved bythe City of Delray beach.
~. ~nd ~;~s. Faneili re~aest tb~t this appeal be scheduled to be
heard by the City Commission on its next available agenda.
Very truly yours,
Gerald B. Church
r RECEIVED
CITY CLERK
FILE NUMBERS: 97-179-SPM-SPR
PETITION NAME: BOY'S FARMERS MARKET
A. City of Delray Beach Comprehensive Plan as Existed on 10-7-97,
B. City of Delray Beach Land Development Regulations as Existed on 10-7-97,
C. City of Delray Beach Zoning District map as Existed on 10-7-97,
D. City of Delray Beach Future Land Use Map as Existed on 10-7-97.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
1. Resume Brief of Paul Dorling, Principal Planner. 10-07-97
2. Resume Brief of Jeffrey Costello, Senior Planner. 10-07-97
I 1. File Number 94-107-SPM-SPR.
1. Application for Site Plan Modification. 6-25-97
2. Warranty Deed recorded in ORB 7627, Page 1360. 6-25-97
Page1
IFILE NUMBERS: 97-179-SPM-SPR I
PETITION NAME: BOY'S FARMERS MARKET
3. Memorandum from Planning & Zoning Department to TAC 6-25-97
members, dated June 25, 1997.
4. Letter from Jasmin Allen to Gerald Church, dated July 2, 1997, 7-02-97
regarding the status of the application.
5. Title Certificate, dated July 1, 1997, prepared by Thomas J. 7-09-97
DeVito.
6. Responses from TAC Members: DATED.
Robert Kussner June 30, 1997 and July 6-30-97 &
16, 1997 7-16-97
Barry Searles July 15, 1997 7-15-97
George Diaz Not Dated
JeffCostello July 17, 1997 and 7-17-97 &
revised July 25, 1997. 7-25-97
7. Project transmittal letter from Jeff Costello to Gerald Church, dated 7-29-97
July 29, 1997.
8. Letter from Anthony Fanelli and Elizabeth Fanelli, dated August 22, 8-22-97
1997.
9. Letter from Gerald Church to Jeff Costello responding to the items 8-28-97
contained in the project transmittal letter, dated August 28, 1997.
10. TAC transmittal memorandum from Jeff Costello, dated September 9-03-97
3, 1997.
11. Responses from TAC Members: DATED
Barron Caronite September 9, 1997 9-09-97
Barry Searles September 11, 1997 9-11-97
Page 2
IFILE NUMBERS: 97-179-SPM-SPR I
PETITION NAME: BOY'S FARMERS MARKET
12. Letter from Anthony Fanelli and Elisabeth Fanelli, dated 9-11-97
September 11, 1997.
13. Staff Report for the Site Plan Review and Appearance Board 9-17-97
meeting of September 17, 1997.
14. Letter from Gerald B. Church, dated September 22, 1997, 9-22-97
requesting an appeal of SPRAB's action.
15. Letter from Alison MacGregor Harty to Gerald B. Church, dated 9-26-97
September 26, 1997, scheduling the appeal request for City
Commission consideration.
16. Memorandum from Alison MacGregor Harry to David T. Harden, 9-23-97
dated September 23, 1997, regarding the receipt of appeal request
for Boy's Farmers Market.
17. City Commission Documentation for the meeting of October 7, 10-07-97
1997.
1. Special notice to the Neighborhood Associations, mailed 9-11-97
September 11, 1997.
Page 3
PETITION NAME: BOY'S FARMERS MARKET I
· .i.i.i...i~s~'~i~ ~.~'~ ~ ~. ~.
1, Audio ~apes o~ ~he Si~e Plan Review and Appearance Board
meeting o~ Sep~embe~ 17, 1997.
1. Site plan prepared by Gerald Church, revised and dated 9-02-97
September 2, 1997.
2. Paving and drainage plan prepared by Gerald Church, dated 9-02-97
August 28, 1997.
3. Paving and drainage details revised and dated September 2, 1997. 9-02-97
4. Landscape plan prepared by Dave Bodker revised and dated 9-03-97
September 3, 1997.
S:V~PPEALS\BOYS
Page 4
FROM : G ~ CHURCH ENGINEER PHONE NO. : +487 2787481 Oct. 87 19D7 18:29RM P2
RESUME
OERALD B. CMURCH, P.E.
Registered Professional Civil Engineer
2575 S. Ocean Boulevard, Suite 310
Highland Beach, F1 33487
Phone/Fax (407) 278-7401
SUMMARY OF EXPERIENC~
An independent consulting civil engineer, offering a wide
range of land development services. These include
feasibility studies, planning, design and construction of
site improvements for residential and commercial projects.
Other related services include traffic performance studies,
project management, construction supervision and assessment
of water and sanitary sewer facilities.
Also knowledgeable in the land development process in
municipalities and the County, including the procedures for
concurrency, subdivisions, variances, special exceptions, re-
zoning and site plan certification.
Prior experience was as a management engineer and
administrator for municipalities; experience in working with
executive level of business and government in public works
field, involving land development, waterway 'and erosion
control, building and zoning, roads and traffic, utilities,
project management, and beach restoration.
The State of Florida's Comprehensive Planning Act and the 9J5
update required City and County governments to adopt new land
development regulations. The combination of experience in
private practice and with local governments, has provided a
understanding of the procedures and processing of development
plans through government agencies, at City, County and State
level.
Recent projects have included the full scope of development
services ~or the client. Commencing with an outline o~ a
project, a site plan was prepared and submitted through the
local government for staff comments, Planning and Zoning
board review, with final approval by the Elected Officials.
Complete engineering plans and specifications were prepared
for the work. Bids were obtained and construction management
services were provided.
Computer applications, mainly Autocad, are used for design
and drawing of the plans.
, FROM : G B CHURCH ENGINEER PHONE NO, : +407 2787401 Oct. 07 1997 10:30AM P3
1989-Date Consulting Civil Engineer - Private Practice.
1978-1989 City Engineer/Director of Public Works
City of Delray Beach, Florida.
1976-1978 Consulting Engineer - Private Practice.
1974-1976 Director of PUblic Service,
City of Boca Raton, Florida.
1969-1974 Director of Public Works, Utilities and City
Engineer,
City of Deerfield Beach, Florida.
1968-1969 Director of Public Works/Assistant City
Manager,
City of Jacksonville Beach, Florida
1964-1968 City Engineer/Chief Building Official,
city of Palatka, Florida.
1959-1964 Civil Engineer,
City of St.. Petersburg, Florida,
~UCATION
1973 Master of Public Administration,
Florida Atlantic University.
1956 Bachelor of Science, civil Engineering,
McOill University.
g~TIFICATION
].968 Block Examination, Class "A" Contractor. 1964
Registered Professional Civil Engineer,
State of Florida.
1986-89 Director of the Florida Beaches and Shore
Preservation Association, a State
Organization.
1986 Chairman of Technical Advisory Board to Palm
Beach County Metropolitan Planning
Organization.
.~K~_.__._~._~ Furnished upon request.
37..: 3£~/19'-)7 ~bT: 3E, 5E, i24~:722i CIT"/ I-_¢' E(LRA¥ E~EACH PAGE 01
[lTV OF DELRA¥ BEFICH
~ 100 N.W. ls! AVENUE · DELRAY BEACH, FLORIDA 33444 .4071243-7000
Ail-America C~/
1993
Mr. Gerald B. Church,-P.E.
2575 S. Ocean Blvd., Apt. 310
Highland Beach, FL 33487
Re: The Boy's Farmers Market Minor S_ite Plan Modification -.Project
Transmittal Letter
Dear Gerry:
This letter is being provided to you as the designated agent for the above
referenced project and a follow-up to our recent conversations regarding the same.
Your submittal has been reviewed by the various City departments for technical
compliance. Attached is a copy of'comments which are a result of staff's review of
the proposal.
General Assessment
While the submittal, is adequate for review, we have identified some items which will
require modifications to the site plan. These items include the following:
A. Given the current parking demand of the existing 11,96t3 sq.ft, facility/operation,
the construction of the proposed 4,250 sq.ff, stand-alone commercial structure
will not be supported, and thus sh.oq!d be deleted from the plans.
B. In order to provide sufficient turning radius from the north parking area to the
ingress/egress drive and to prevent parallel parking opposite the proposed
perpendicular parking spaces, the parking lot must be designed to provide a
double-loaded perpendicular parking aisle with a drive aisle on the nodh side of
the perpendicular spaces with parallel parking along the north side of the drive
aisle (see Exhibit A). "-
Otb er_ Item s
1. Given the existing parking demand and the unsafe traffm movements in -the
e~<isting parking tot, the rno~if~s to the existing parking lot indicated as
I
'07:36 561'--'~37221 CITY OF DELRAY BEACH PAGE 02
'To: Mr. Gerry Church
Re: The Boy's farmers Market Minor Site Plan Modification - Project Transmittal Letter
Page 2
Phase Il must be installed in conjunction with the north parking lot. Thus, the
improvements must be indicated as Phase I and .not a future phase.
2. In order to utilize the eastern portion of the north parking as a temporary asphalt
parking area without required landscaping, curbing, lighting, and drainage, your
resubmittal must include a letter stating the basis for which the temporary
parking should be granted, the time frame for installation of the permanent
improvements. The revised plans must indicate the installation of the required
improvements as a future phase.
3. A site visit revealed the following:
There is an existing dumpster located along the east property line of the
unimproved/north parking lot. The applicant must indicate on the plans
where this dumpster will be relocated.
· Along the east property line, there are display coolers, pallets and crates
being stored. Within the GC zone district outside storage of materials is
prohibited. Thus, these items must be removed from the site.
o' The approved designated loading area is located on the east side of the
building. Currently, delivery trucks enter the northernmost driveway,
maneuver within the unimproved parking area and unload on the north side
of the building. Further, it appears that employees are parking their vehicles
along the loading area access drive, on the south side of the building, which
are prohibiting truck access to the rear of the building. Signage must be
provided accordingly to prevent employees and customers from parking
along the access drive. If there is inadequate maneuvering area to
accommodate deliveries, then modifications must be made accordingly to
improve the situation.
· Parking for the trucks associated with the Boy's Farmers Market is to occur
on the east side of the building, not at the northeast corner of the site where
they are currently parked.
The refrigeration unit and shed which have been installed on the east side of
the building must be indicated on the plans and included as part of the site
plan modification.
Please provide a response to the above and attached .comments through the
provision of requested information, revisions to appropriate plan sheets (11 copies)
and written material. Aisc include one set of 8.5" X 11" reductions of the site,
landscape and building elevation plans.. Your kern has been tentatively scheduled
'for the August .20. 1997 SPRAB (Site Plan Re~iew and Appearance Board)
meeting. Such information must ~oe su~bmitted by Wednesday, Auoust 6, 1997 to be
- _ _,b:z4.:,,.~.~l CITY OF [:ELRA¥' [,~'ACH PAGE £13
To: Mr Gerry Church
Re: The Boy's farmers Market Minor Site Plan Modification - Project Transmittal Letter
Page 3
included in the staff report, otherwise your item will need to be postponed to the
subsequent meeting, of the Board, which is September 3__. _1997.
If you have any questions which pertain to specific items, feel free to directly contact
the department which made the comment. If you would like to review the attached
with me, contact me at 243-7040.
Attachments
c: Project File #97-179
~371;3a11997 ~7:3~ 5612~'37221 CIT'e CE DELRA¥ BEACH PAGE 05
TO: TAC MEMBERS
FROM: JEFF COSTELLO
SENIOR PLANNER
RE: THE BOY'S FARMERS MARKET- MINOR SITE PLAN MODIFICATION
DATE: JULY 17, 1997 *** Revised 712~i9"/***
1. A site visit revealed the following:
· There is an existing dumpster along the east prope, rty line of the unimproved
parking lot. The applicant must indicate where this dumpster will be relocated.
· Along the east property line, there are display coolers, pallets and crates being
stored. Within the GC zone district outside storage of' materials is prohibited.
Thus, these items must be removed from the site.
· The approved designated loading area is located on the east side of the
building. Currently, delivery trucks enter the northernmost driveway, maneuver
within the unimproved parking area and unload on the north side of the building.
Further, it appears that employees are parking their vehicles along the loading
area access drive, on the south side of the building, which are prohibiting truck
access to the rear of the building. Signage must be provided accordingly to
prevent employees and customers from parking along the access drive. 11' there
is inadequate maneuvering area to accommodate deliveries, then modif'mations
must be made accordingly to improve the situation.
° Parking for the trucks associated with the Boy's Farmers Market is to occur on
the east side of the building, not at the northeast corner of the site where they
are currently parked.
· The refrigeration unit and shed which have been installed on the east side of the
.building must be indicated on the plans and included as part of the site plan
modification.
2. The applicant must clarify the time frame for the different phases.
3. The 4,250 sq.ft, building must be deleted from the plans as it is not part of the
development proposal. If it is to be included at this time, the site data must be
revised accordingly and a traffic study, building elevations and floor pla~'~ must be
provided.
07,."3¢J:'1997 07': 36 561'3437221 i-:IT"/ OF [:,ELRA¥ E-4EACH PAGE
To: TAC Members
Re: The Boy's Farmers Market Minor Site Plan Modification - Technical Comments
Page 2
4. On the site plan and engineering plan, provide typical parking stall striping details
per City standards.
5, The 24' wide drive aisle on the north side of the building must be indicated as .tw.o-
way, not one-way as shown.
6. The modifications to the existing parking lot must occur in conjunction with the
Phase I improvements to install the' north parking lot.
7. Site lighting fixture details must be indicated on the plans.
t;J7/'2:0.."'1'~97 07;;]:~, 5612437221 CtTV OF DELRAV BEACH PA(3E 07
TO: .JEFF COSTELLO
FROM: GEORGE DIAg
PROJECT NAME: BOY8
RE: BUILDING DIVISION COMMENTS FOR TAC
* Proposed ~ew structure will be reviewed and comments made when building
plans are submitted for permitting
Allocate of handicapped spaces should be equal for all buildings
CIT"/
OF
DELRAY
~ACH
PAGE
08
'r.o: Planning & Zoning Department
From: Robe~:t A. Kussner, Laridscape Inspector
Via: Nancy Davila, Horticulturist
Re: THE BOY'S FARMERS MARKET
Date: July 16, 1997
1. The applicant shall clean up the 30 foot road easement along the north
perimeter of the site. All of the Australian pines and other invasive species
shall be removed from the site and provisions made that they will never grow
back. Applicant. Shall provide sod, irrigation and maintenance along the road
right-of-way on both sides.
2. The 20 space parking lot (Phase !11) will require a 6 foot x 24 foot turnaround .-
area. If that is provided then it will en.croach into the required landscape
buffer.
RK
u :~ u r,,rmed, vzwd~t~'~t~oy ~4~k-t.d cc
0°7..'"313/1997 87: :36, 56t34?7?':.-t CITY E¢ DELRAY BEACH PAGE
FIRE DEPARTMENT
Project Review checklist
3. Are fire flow calculations provided?~- Y. N / N/A_.
Is adequate fire flow for the size and type of development
available?
Y u/N N/A
Comments
~ 4. Are dead-end streets or cul-de-sacs included on the site
plan? If so are adequate access to buildings, turn-around
· 'radii, etc. provided?
Y N N/A
5. Fire hydrants
Is 500'max. spacing provided in SF
Y N N/A
MF, 2 stories or less 400' max. Y N N/A
MF, 3 or. more stories 300' max. Y N N/A
Commercial or Industrial 300' max. Y ~N N/A
Are hydrants provided on both sided of divided roadway?
No obstructions witl~in 5 ft. of hydrant Y__ N N/A___~
CITY OF ~ELRAY D~ACH PAGE
6. Will the proposed development have an adverse e~fect on the
Fire Department's ability to provide service?
Y N~/_~ N/A
Comments
iL7 .." 3¢~/! '3'37 07: :3E,= :, .~ v.:,.-,.
~o1~;,1 ..... L C:ITV OF DELRAY BE'aCH PAGE ll
MEMORANDUM
Jeff Costello
Planning/Zoning
''(' Barren Caronite~.~ ¢"
F R 3M:
Engineer I
S[JBJ~ECT: MINOR SITE PLAN MODIFICATION
BOYS FARMERS MARKET
DATE: June 30, 1997
I have reviewed tile site and engineering plans for the subject project and I have the ibllowing
coal rllellts~
1. Provide stop bar at southwest corner of produce store building, at southern most
Military Trail exit drive, at exit to Phase I expansion parking lot, and at north and
· south ends of cross access drive aisles o.n the west side of tile prodt~ee store.
2. Arrows on one way drive appear to conflict with placement of"Do Not Enter signs".
Please address.
3. Provide Standard City Parking Stall Detail.
4. Provide Sanitary Clean-out Detail for clean-out located in paved parking area.
5. Provide copies of LWDD and SFWMD Pennits.
6. Provide drainage calculations for total build-out of the site. Providepercolation test
data, exfiltration ~rench details, all perimeter swale cross sections.
7. Provide paving cross section, painted crosswalk detail, type "D" curb detail.
8. indicate dumpster location.
9. Provide demolition plan for Phase II. construction.
10. Eliminate northernmost parking stalls in Phase III parking area and provide Type
"D' curbed backout area. How is drainage to be provided for the Phase III parking area.'?
I t. Provide individual plans for each Phase.
s: eng/eng/tae/boysfarm/m i nnnods.doc
JUL 1 1997
.PI=A. NNtNG & ZONING
GERALD B. CHURCH, P.E. - CONSULTING CIVIL ENGINEER
2575 So. Ocean Boulevard, Suite 310
Highland Beach, F1 33487
Phone/Fax (561) 278-7401
August 28, 1997
Mr. Jeffrey A. Costello
Senior Planner
Planning & Zoning Department
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, F1 33444
RE: THE BOY'S FARMERS MARKET
MINOR SITE PLAN MODIFICATION
YOUR LETTER OF 7/29/97
Dear Jeff:
Thank you for your comments concerning the referenced
project. After due consideration by the owner, the Site Plan
has been revised as follows:
1. The proposed stand-alone commercial structure has been
deleted.
2. T. he proposed parking lot on the north side has been
reconfigured as per you request.
3. The owner is not prepared to make the requested changes
to 'the Site Plan for the existing parking lot for
several reasons:
A total of 68 parking spaces shall be provided with the
proposed parking lots on the north side. This should
alleviate the congestion at the driveway entrances.
As you requested there shall be no parking allowed along
the main access driveways.
Further the Site Plan as existing was approved and it
does not appear reasonably to require a modification to
the existing parking layout.
The owner is also limited financially to make the
changes which are costly and disruptive resulting in the
loss of six Parking spaces at the front of the store.
4. Enclosed is a letter from the owner noting a time frame
of three years for the temporary parking lot on the
north side.
5. The owner will have the dumpsters removed, and he has
requested that the lessee use the trash compactor for
all trash, as originally approved on the Site Plan.
6. All unused coolers and other discarded material shall be
removed from the rear unloading area. Please note the
pallets and crates are re-usable and they are orderly
stacked and stored there to be picked up by the vendors,
7. Parking of trucks associated with the Boy's Farmers
Market shall be on the' east side of the building only.
8. The refrigeration units, coolers and storage shed have
been added to the Site Plan for inclusion as part of the
Site Plan Modifications.
9. Traffic control and markings have been revised on the
Site Plan as follows:
i) The access driveway along the south side and in front
of the building has been marked for two-way traffic.
The "No Parking" restrictions shall be enforced along
this driveway,
ii) The access driveway along the north side of the building
has been marked for two-way traffic for the entire
length.
Thank you for your continue,d help and assistance with this
project.
Sincerely,
Gerald B. Church, P.E.
c: Tony Fanelli
Joe & Linde Palermo
David W. Schmidt, Attorney
i
-,,,
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 17, 1997
AGENDA ITEM: V.B.
ITEM: Minor Site Plan Modification and Landscape Plan for the Construction of
Permanent and Temporary Parking Lots Associated with The Boy's Farmers
Market, Located on the East Side of Military Trail, Approximately 2,100 Feet
North of Atlantic Avenue.
WA ~KtNS
UOTOR tJNES
PUBUC
GENERAL DATA:
Owner ...................................... Elizabeth & Anthony Fanelli
Agent/Applicant ........................ Gerald B, Church
Location ................................. , East side of Military Trail,
approximately 2,100 feet
' north of Atlantic Avenue.
Property Size .......................... 2.64 Acres o~
Future Land Use Map ............. General Commercial
Current Zoning ..... ., .................. GC (GeneralCommercial) .
Adjacent Zoning ........... ;NOrth: P.B. COunty AR (Agricultural
Residential)
East: P.B. County AR
South: GC
West: P.B. County RS (Single
Family Residential)
Existing Land Use ................... An unimproved parking
lot/vacant land associated
with The Boy's Farmers
DELRA Y
Proposed Land Use ................ Construction of a 68-space
parking lot (36 permanent, 32
temporary spaces) with
associated landscaping.
Water Service ......................... N/A
Sewer Service ......................... N/A ~ux
WEST -*. ATLANTIC AVE:NUE ~
8A8~' west
5UPER S TO~£ PLA
The action before the Board is that of approval of the following aspects of
a Minor Site Pla. n Modification request for The Boy's Farmers Market,
pursuant to LDR Section 2.4.5(G)(1)(b):
I~ site plan; and,
I~ landscape plan
The subject property is located on the east side of Military Trail,
approximately 2,100 feet north of. Atlantic Avenue, within the GC (General
CommerCial) Zone. district.
~,..,.~ ~-~,'..'~,~.~~ , ~.~.~. , ,-..., ......... ~,~ ,-. .,.. ..... ~...~ . , . . .....
The proposal incorporates the north half (1.06 acres) of the overall 2.64 acre Boy's
Farmers Market Plat. ~13...e.._,subject.preperbj.,is~-¢u~:re. ntly .utilized as -an unimproved
parking ar. ea which:was i~sta!led without obtaining sitePlan approval.
The property .was development as a nursery while under Palm Beach County
jurisdiction, however the property was utilized as a farmers market (retail) for many
years. The farmers market (retail) was considered nonconforming while under County
jurisdiction as retail sales is not an allowable use under the County AR' (Agricultural
Residential) Zen!rig designation.
On l~ebruary. 8, 1994, .applications' were submitted for a Future Land Use Map
amendment from County C/8 to City GC (General Commercial) and annexation with an
initial zoning designation of GC (General Commercial). The Future Land Use Map
amendment and annexation only related to the parcels that comprised the southern half
of the Boy's 1.58 acre parcel.
At its meeting of March 21, 1994, the Planning and Zoning Board recommended
approval of the requests. Dudng the public hearing, area residents expressed concerns
over noise associated with the market, and over the existing traffic circulation at Military
Trail and Lake Front Boulevard/Post Office (Highpoint Lake Drive). The applicant's
representative stated that an alternative access was bei.ng designed and that the noise
would be addressed with the proposed site plan. The Palm Beach County Traffic
Division issued a permit to install a new driveway at'the south end of the north parcel
thereby eliminating their concerns.
At its meeting of April 12, 1994, the City Commission held first reading of the'FLUM
amendment and annexations requests. At that meeting, the property owner stated that
he would like to also annex the north parcel, which contains a 30' access easement
along it's north side for access to two homes to the east. However, by annexing the
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 2
north parcel, an enclave would have been created as it would be necessary for the
residences, which are under County jurisdiction, to drive through the City to access their
property. The Commission then postponed first reading to allow modification of the
ordinance and re-advertising.
Subsequent to the City Commission meeting, staff met with the applicant on several
occasions to discuss the alternatives for annexing the north parcel. On May 29, 1994,
the applicant submitted a site plan application to construct a new farmers market on the
south portion of the. overall preperty, in order to prevent further-delay of the project, the
property owner Chose to pro.¢eed .with annexing the south parcel and submitted a
separate application te annex the north parcel.
On July 5, 19.94, the City 'Cemmissien.approved.the Future Land Use Ma.p amendment
and annexation with initial zoning of GC (General' Commercial) for the south portion of
the property.
On July 13, .1994, the Site Plan Review and AppearanceBoard (SPRAB)approved the
site plan for "The Boy's FarmerS"Market"i"which incorporated the south half of the site.
The development proposal incorporated the-following:
El Demolition of the existing farmers market and removal of the existing billboard,
office trailer and shed along the south property line;
El. Construction of a ~13,218 sq.ft, farmers.market/produce store;
El. Construction: of a~65-space:paVed parking lot with. an' access drive on the south side
...of.the north p..a,rcel;
E~. Elimination of the existing, driveway (centrally located) and the provision of a new
driveway at the southwest corner of the site; and,
El Installation of associated landscaping and a refuse storage area (compactor).
On August 16, .lg94, the City Commission approved (on second reading) the Future
Land Use Map amendment and Annexation with initial zoning of GC (General
Commercial) for the north portion of The Boy's Farmers Market. The enclave issue was
resolved by not including the 30' access easement along the north side of the property
with the annexation request. On June 25, 1995, 8PRAB approved a change to the
building elevation associated with a non-impacting site plan modification to reduce the
building size to 11,986 sq.ft. The improvements associated with the south parcel were
constructed in 1995. At its meeting of December 5, lg95, the City Commission
approved the final boundary plat for the Boy's Farmers Market.
The current proposal is to construct the parking lot on the north portion of the pr?perry
and is now before the Board for action.
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 3
,:.':.:->:.;-.'.':.;.~:-:..~:.:-:.:..'.;--..:-:.:-:-.---: ....... :..-...o -~ ~-, ~.-~,~×,<.'::.~: ~ ~:: i:.' :' ' ~.'.. ;~. ~ ~';'~':"":~-'~;~'"~ ~-~:'~>;;;;;'::;:;;~.~.;~;;:;;~":;;.~:;:'.'~:>;'-;:~.~i~..'j
The development proposal encompasses the north portion of The Boy's Farmers
Market property. The prbposed modification consists of the following:
Q Construction of a 68-space parking lot containing 36 permanent spaces on the west
side of the site and 32temporary spaces onthe east. side of the site;
Q Approval of. two :¢eoiem aad :a, shed which were previously installed; and,
r~ Installation ef associated landscaping, except within the temporary parking lot where
sod will. be, pr..o.v, ided;within ~the~landse, ape islands.
COMPLIANCE WITH ,LAND DEVELOPMENT REGULATIONS
Items identified in the Land Development Regulatio,ns shall specifically be
addressed by the body taking final 'action on the site and development
application/request..
Parking
Pursuant to Section 4.6.9(C)(3)(a), grocery/produce stores shall provide 4.5 parking
spaces per-1,000 sq.ff, of total.floor area. The 'existing bUilding contains 11,986 sq.ff.
thereby requiring'~a 'totar.'Of· 54 ~parking spaces and 65 parking spaces exist in the
improved Pa.rking lot west of the building. While 'the site ex~ds the Parking
requirement by 11 spaces,, the. parking ~demand"for thiS'facility far exCeeds the spaces
provided resulting in a significant parking deficiency on this site. The underimproved
(shellrock on!y)north portion of the property has been utilized to accommodate the
overflow parking for this facility. However, the northern parcel has been used without
first obtaining site. plan approval nor constructing the parking lot to meet City standards.
With this proposal, 68 additional parking spaces will be installed (36 permanent, 32
temporary) for a total of 133 spaces. The applicant has indicated the west portion of
the parking lot will be constructed per City standards at this time, and has reques{ed the
east portion, not be required to meet City standards until September 1, 2000.
Currently, there is a 30' wide access easement which runs along the north side of the
property providing access to the two residential properties to the east. The parking lot
has been designed with parallel spaces on the north side of the parking lot as
perpendicular spaces will encroach into this easement. The property owner is
attempting to purchase the residential properties to the east. If purchased the land will
be incorporated into this development, the easement abandoned, and perpendicular
parking installed.
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 4
Special Landscape Setbacks
Pursuant to Section 4.3.4(H)(6)(b), along Military Trail from the L-38 Canal northward to
the L-30 Canal, a special landscape area shall be provided. This landscape area shall
be the smaller distance of either 30' or 10% of the average depth of the property;
however, in no case shall the landscape be less than 10'. Within this area, no paving
shall be allowed except for driveways and walkways which shall be generally
perpendicular to the property line. As the depth of the property is 358.36', a 30'
landscape buffer is required and has been provided. In conjunction with the
construction of the Boy's Farmers Market facility, the perimeter' landscaping adjacent to
the north portion cf:the site~was to be installed. Some of the landscaping has been
installed including sod and trees however, the required hedge has not been provided.
Regardless of the outcome of'the request~ the installation of the hedge is. required and
is attached as.a condition.
Open Space
Pursuant to LDR Section 4.3.4(K), 25% of non-vehicular open space is required. The
development proposal 'provides for 26.5% of open space.
Site Li_ohting
Site lighting, fixtures in compliance with LDR Section 4,6.8 (Lighting) will be provided.
The. light, fixtures will..be consistent with those installed within the-Boy's Farmers Market
parking 10t. It is. noted the trees and light pole locations conflict with one another
therefore the plans must be revised accordingly.
Site Plan Technical Items:
The following are items that. do not require specific action of the Board, however, the
items must be addressed with the submittal of revised plans.
1. At the east and west sides of the parking areas where the perpendicular parking
space backs-up to the parallel parking space, a 24' X6' maneuvering area must be
provided. This will result in a reduction of 2 spaces.
2. The trees and light pole locations conflict with one another therefore the plans must
be revised accordingly.
3. Provide stop bars at the ends of the drive aisles and at internal intersections.
4. Signage indicates "Do Not Enter" at both access points go delivery area. Signage
that states "Delivery Vehicles Only" is more appropriate.
5. Lake Worth Drainage District Permit must be provided.
SPRAB S~aff Report
The Boy's Farmers Market - Minor Site Plan Modit'~cation
Page 5
6. Cross sections of all perimeter swales must be provided.
7. The engineering plans must indicate how stormwater from the temporary parking lot
will be stored.
Perimeter Landscaping
Along Military Trail (west p. roperty line), on the interior edge of the 30' landscape strip
Laurel Oak trees,every 30' have.been installed. The Co.plum hedge required with the
approved of the Bo,y's Farmers Market has net been installed and is attached as a
condition of approval. Within.the 10' wide landscape strips along the north, and east
sides 'of the ProPerty a Cocoplum hedge has been installed with..Mahegahy trees every
25' along the north property line and Laurel Oaks every 25' on the east side of the
property. The required hedge along Military Trail must be installed regardless of the
Board's action.
Internal Landscaping
Within the landscape strip along the south side of the proposed permanent parking lot
Pink Tabebuia trees with Ixora Nora Grant are to be installed. Cassis trees will be
installed primarily within the landscape islands while Pink Tabebuia trees will be
insta!!~d w. ithin:~t~e;!~ndscape .striPs. Within the.temporary parking lot, landscape stdps
will be installed ifor 'delineation purposes only and will be sodded, A landscape plan
which will be' ii:nplemented pending renewal of a. lease agreement by September 1,
2000 is to be Provided and is attached as a condition of approval.
'r~affic Circulation Pattern &~Parking Configuration
The north half of the site is currently unimproved (shellrock) and is being utilized for
parking. No site plan approval for this portion of the property has been obtained. On
the south half of the property the Market implemented their own parking
circulation/management plan, which restricts use of the south driveway to ingress only,
and the north driveway egress only. In addition, the drive aisles between the parking
rows have been marked one-way (north only from the ingress drive) creating a
confusing on-site circulation pattern. Further, patrons park along the south side of the
ingress drive (spaces are not marked) contributing to vehicular congestiOn for incoming
traffic. This circulation pattern is inconsistent with the approved site development plan
and has been implemented without City approval. There have been numerous
complaints made to the City Manager's office regarding the existing situation.
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 6
The Code Enforcement Division has cited the property owner for making the changes
on the south half of the property and for parking on an unimproved surface on the north
portion of the property. With review of this proposal to install parking on the north
portion of the property it' is appropriate to revisit the existing parking and circulation on
the south portion of the site.
The applicant has stated that the directional signs and pavement marking installed by
the Boy's will be removed and replaced with directional signage and pavement
markings per the approved plans, in addition, "no parking" signs will .be placed along
the main access drives. While this should help matters additional measures should be
taken to mitigate off-site stacki..n..g pro. blems 'into Militan/Trail which occur on a daily
basis. The ba'¢k~up has resUltedi~ast,.hisfacil!tygenerates more traffic and'has a greater
parking demand'than a normal, retail use for which it has been designed.. This back-up
appears to be the result, eft. the .omsiteparking-lotdesign Which allows Vehicles to stop in
the main drive aisle (.seuth~pr, eperty'line)and, attempt:to.travel north, into the parking
rows. Then.-tuming vehicles .are ~blecked by vehicles waiting to~.~eXit the site.
Reconfiguratien, eCtbe west:pertion~eftheparking:.area te,,eliminate,the, access drives as
depicted in E~.hibit~A would~,eliminate~this Option.and, force' traffic te enter, further into the
site relieving :, :the . back-up into .Militaq/ Trail. Many.. complaints have been made
regardingthis:.back-up as well as on-site traffic circulation.
The applicant feels that the additional 68 spaces and installation of no parking signs
.along the access drives, will~ a!leViate the congestion'at the ddveways. The' existing
parking, lot',was~.:recently'~-!apP~',~ed and'.:the owner does:not feeF~if· i§' rea{onable '.to
requiremodification to theexisti~g.'parking lot layout: Alse;=the changes are:costlY and
disruptive i:esulting in the loss of..6 spaces.at::'the front ef the-store. HoWever, the
proposed new spaces are not new as the area currently accommodates this number of
parking spaces on an unimproved surface. Further, as long as the option exists to
access the western, parking rows people will exercise it and the stacking problem will
persist. The. cost for the.changes, is not exorbitant. VVhile 6 spaces will be eliminated,
they will be replaced in the north parking area. Further, the 6 spaces are located at the
west end of the property and not prime spots directly in front of the building. VVhile
considerable disruption will occur with the Construction of the north parking area,
disruption associated with the proposed changes to the existing parking area should be
minimal. In order to mitigate the existing traffic hazards and provide a safe traffic
circulation on the site, modifications to the existing parkin, g lot must be made at this time
in accordance with Exhibit A, and this requirement is attached as a condition of
approval.
Temporary_ Parking Lot
The property owner indicated .the west portion of the parking lot will be constructed per
City standards and has requested deferral of constructing the east portion to City
standards until September 1, 2000. The east portion will be paved with a compacted
subgrade rather than the shellrock subgrade, and will provide curbing and sod areas.
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 7
The basis for the request centers around a leasing agreement between the Boys
Farmers Market and the property owner. If the Boy's Farmers Market renews their
lease for this parcel in September, 2000, the parking lot will be constructed to City
standards. If the lease is not renewed the property owner intends to construct a
building in the location of the temporary parking lot. The property owner realizes that
given the existing parking demands of the existing facility, the City may not support
construction of a new building or a building addition. This position may change in the
future, if additional property is incorporated into this site. Based upon the above, it is
appropriate to allow construction of a temporary parking lot pending outcome of the
lease renewal,
Pursuant to Section 3.1.1 (Required Findings), prior te the approval of
development applications, certain findings mus-t~ be made. in. a. form which is part
of the official record. This may be achieved through .information on the
application, .wri.tten material, s ~-s.ubmitte, d by the applicant, the-staff report, or
minutes. Findir!gs. shali be made. b,y the body which has. theauthority to approve
or deny .the de.veloPment application. These. findings relate the Future Land Use
Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the
Land Development Regulations,
With the site plan .approval of July 13, 1994, which incorporated the south portion of the
site, p. ositi~/~ .findings were .made. with respect to th.e :Future Land Use Map,
Conc.u.rrenc.y,.:,Compre. hensj.¥e..P,!an' Consistency, and Compliance with the Land
Development Regu. lations. Me, st of the improvements, required per that approval have
been installed (except landscape material along Military Tr. ail) and the market is
currently operating.
The development proposal involves the construction of a 68-space parking lot
permanent, 32 temporary) and associated landscape areas. Pursuant to LDR Section
2.4.5(G)(5), this minor modification does not signif~,antly impact the previous findings.
The following relates to the proposed improvements.
COMPREHENSIVE PLAN POLICIES;
A review of the objectives and policies of the .adopted Comprehensive Plan was
conducted and the following applicable policy is noted.
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in. terms
of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use needs,
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 8
The property is currently vacant and has been previously distu~ed. There are no
special physical or environmental characteristics of the land that would be negatively
impacted by the proposed parking let.. The proposed landscaping associated with the
parking lot' will be an ~nhancement to the area and will be complimentary to the
surrounding commercial uses and the adjacent residences. The parking lot will fulfill
the parking needs for this facility which does not have adequate parking to meet the
demands of this facility.
Section 3.1.1(A) - Future Land Use Map: The subject property has a General
Commercial Future :Land. Use...Map designation and is. currently zoned GC (General
Commercial). The GC zone.district is consistent with the General. Commercial Future
Land Use Map designation. PurSuant to the LDR Section 4.4.9(C).(1), within the GC
zone district,.;' parking lots: are'all,wed? as. an'.:ac¢.essory .use. Basedi Upon the above, a
positive finding--can be ·made with'respect to consistencY with the FutUre Land Use Map
designation.
Section 3.1.1{B~ - Concurrency; Concurrency as defined'pursuant to Objective B-
2 of.the Land Use Element'of the Comprehensive Plan must be met and a
determination made that ti~e 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 requ!re the provision of, needed capital improvements.
The proposed parking lot will nOt haVe:any impacts on level of sew/ce standards as
they. relate t0":watei~?~eWe~I ~t~'~,' Parks and'r~creati°rt {aCilities or sOlid waste. With
reSpect to drainage, engineering Plans: and .drainage calculations have been submitted
which comply with Lake Woli'th' Drainage District standards. The engineering plans
indicate that drainage will be retained on site via an exfiltration system and swale areas.
Based upon the above, positive findings with respect to this level of service standard
can be made:
Section 3.1,1 (C) - Consistency (Standards for Site Plan Actions): Positive findings
with the Standards for Site Plan Actions were made with the site plan approval of 1994.
The proposal does not significantly impact those .original findings.
Section 3.1.1 (D) - Compliance With the Land Development Regulations: As
described under the Site Plan Modification Analysis of this report, a positive finding of
compliance with the LDRs can be made, provided the conditions of approval are
addressed.
SPRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modification
Page 9
i:~`~::~:~:~:ii~:~:~::~`~:~!::2.~>~`~:~2~:~?~:~:~?~!~i~i~i~;~:~?$??:~`;::`~:~`:;~;~-~:~:~:~`~:~`~`~`~`~::,'.':.:~.;?~;~:~:~.~1~'~.~,'~:.'-'~-:-~-':'~' .t-;.;,';~.~i~.~?.':,'~-' ";~;"~;~:-.'~i~,~:;~.:.~..:;.~:::~.:~: ~t<
The development proposal is not located within a geographical area requiring review by
the Community Redevelopment Agency (CRA) or the Downtown Development Authority
(DDA).
Courtesy Notices:
Courtesy notices were provided to the Homeowner's Associations of Highpoint Section
7 and Pine Trail South. Letters ef support or objection, if any, will be-provided at the
SPRAB meeting.
The proposed development is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. With. this develoPment proposal.,
the. existing substandard site'~cenditions (north' Parcel) will:be eliminated. The proposed
improvements will greatly improve the appearance of the property and will be a positive
inducement to.the.area.. Concerns-are noted' with the existin'g on:site traffic circulation
pattern, which are to be addressed in part through the reestablishment of'the approved
traffic pattern. Addition.al site plan modifications to the south parking lot as noted in
Exhibit A are needed to mitigate the existing back-up onto Military Trail. While the
applicant objects..to-.this requirement, staff feels it' is i~perati, ve that the improvements
be 'provided to:..~idequately mitigate off-site impacts. 'Staff;s.upports the provision to
allow permanent-and temporary'~parking lots provided a time limitation be placed on the
temporary'facility of September 1',~ 2000.
~:~:~:~.~::~:::.~`~.~~?~:~.~.~ .... ~.~ '"~::~':~. ";~"~-~:~J~' "~:::;~:~"'~'.~..~ ~ '."~'~'~'~'.~-'~;.',:'.':".. ~ . ~"~",~.~.,~';'.' '<~'~r~:~''~'.... . '~:~'~":;'-":~,..';~.!'~ -~' .';'~.;~ ".~'."~, ¢: ~.. +-" ~-'<' ' ' ~'~" "~.' '~ ~¢:~~'°!~ ~°" .~<~.~.~:i~'~:. ~
A. Continue with direction and concurrence.
B. Approve the site plan modification and landscape plan for The Boy's Farmers
Market based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(G)(5) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to conditions. ·
C. Deny the site plan modification and landscape plan for The Boy's Farmers Market
with the basis stated.
SISRAB Staff Report
The Boy's Farmers Market - Minor Site Plan Modirm..ation
Page 10
A. Site Plan Mo,dification
Approve the site plan for The Boy's Farmers Market based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(G')(5) of the Land Development Regulations and the policies of the
Comprehensive Plan subject to the following conditions:
1. That revised plans..b¢, submitted addressing the Site Plan Technical Items of
the-Staff Report;
2. That the site plan conf'Lgpration depic, ted on Exhibit A of this report be
implemented; and,
3. That the temporary parking lot be allowed to exist until September 1, 2,000,
at which time the park. lng lot i,s to be -constructed~ within 6 months of the
expiration date (March 1, 2001), or the parking use is to cease pending
submittal of future development proposals.
B. Landscape Plan
Approve the landscape plan for The Boy's Farmers Market based upon positive
findingsi:with respect' to L,'.~.R, Section 4:6.:!6 with the.follOwing.condition:
1. That a landsCape plan be provided for the temporary parking lot which is to
be implemented pending lease agreement renewal in September 2,000.
Attachments:.
El Exhibit A
El Site Plan
Q Landscape Plan
This Report prepared by: Jeff Costello. Senior Planner
[lTV GE DELRfl¥ BEfl[:F{
DELP, AY BEACH
~ CiTY CLERK ,00 N.w. 1st AVENUE. DELRAY BEACH, FLORIDA 33444- 407./243-7000
AlI-Amedca City
3 September 26, 1997
]993
Gerald B. Church, P.E.
2575 South Ocean Boulevard
Apartment 310
Highland Beach, FL 33487
Re: Appeal of Site Plan Review and Appearance Board Decision re
The Boys' Farmers Market Minor Site Plan Modification
Dear Mr. Church:
This will acknowledge receipt of your letter of appeal with
respect to the Site Plan Review and Appearance Board's action of
September 17, 1997, concerning the referenced project. Pursuant
to Section 2.4.7 of the Land Development Regulations, the appeal
was received in a timely manner by the City Clerk's office on
September 23, 1997.
Please be advised that the matter will be scheduled for
consideration by the City Commission at the regular meeting to be
held on Tuesday, October 7, 1997.. The meeting will begin at 6:00
p.m. and will be held in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida.
You may wish 'to check with my office prior to the October 7th
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
561/243-7050.
Sincerely,
Alison MacGre~rty
City Clerk
AMH/m
cc: David W. Schmidt, Esq.
Diane Dominguez, Planning Director
Sharon Morgan, Executive Assistant
THE EFFORT ALWAYS MATTERS
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #..~ - MEETING OF OCTOBER 7, .1997
AP?~AL_ OF SITE PLAN. ~V. IEW AND APPEARANCE BOARD
DECISION/.THE BOY'S FARMERS MARK~.T
DATE: OCTOBER 3, 1997
This is before the Commission t6 consider an appeal of =he Site
Plan Review and Appearance Board's action with respect to a minor
site plan modification to reconfigure the existing parking lot at
the Boy's Farmers Market, located on the east side of Military
Trail, approximately 2,100 feet north of Atlantic Avenue.
The Code Enforcement Division cited the 'owner for permitting
customer parking on =he unimproved surface of the north portion
of the property, The site plan that is the subject of. this
appeal (Exhibit A) was submitted to bring the property into
compliance by reconfiguring and paving the portion of the north
10t adjacent to Military Trail, and by providing driveway
connections to the parking tier to the east.
After lengthy discussion, SPRAB voted 7-0 to recommend =hat the
modification request be approved, based on positive findings with
respect to Chapte~ 3 (Performance Standards) and Section
2.4.5(G) ($) of the Land Development Regulations and the policies
of the Comprehensive Plan, subject to conditions as outlined in
the attached materials.
Recommend approval of the Site Plan Review and Appearance Board's
decision and approve the modification for the Boy's Farmers
Market, subject to SPRAB's findings and conditions.
TO: DAVID T. HARDEN, CITY MANAGER ,-.
THRU: DIANE DOMINGUFT-= DIRECTOR
DEPARTMENT OF PLANNING~//~AND ZONING "' '~ -/'
FROM: JEFFREY A, COSTELLO~
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 7, 1997
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
CONDITION OF APPROVA__L ASSOCIATED_WITH A MINOR SITE PLAN
MODIFICATION FOR THE BOY'S FARMERS MARKET.
~' .......... ~' '~'' ~'''' "' .......'"' ' ..... ' ~'" ''~ '"':" ...... " ..... ~}~[~J~~~l~l"' .... ' ......................... ~ ''~' "~'~"' h ......................... ~t~'~:"
The action recluested of the City Commission is cons_Ideraflon of an
~ of the Site Plan Review and Appearance Board's condition of
a~proval associated with a minor site plan modification for .The Boy's
Farmers Market. The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of Atlantic Avenue, within the
GC (General Commercial) zone district.
SPRAB aotion was taken on September 17, 1997. The focus of the
applicant's appeal relates to the condition of approval to reconflgure the
existing parking lot a~ljacent to Military Trall.
~~..'~.~<~. ..
The development proposal encompasses the north portion of The Boy's Farmers
Market. property: The proposed modification consists of the following:
· Construction of a 68-space parking lot contelnlng 36 permanent spaces on the west
side of the site and 32 temporary spaces on the east side of the site;
· Approval of two coolers and a shed which have already been installed; and,
· Installation of associated landscaping.
The north half of the site is currently unimproved (sheilrock) and is being utilized for
parking. Site plan approval for this portion of the property was hever granted. Site plan
approval was obtained for the south half of the property on July 13, 1994, for
construction of the existing market as well as the associated parking and landscaping.
The pa~'king lot included 2 two-way driveways on Military Trail and within the parking lot.
The improvements associated with the site plan have been installed. However, on the
south hal~ of the property, the Marl<et has irr~mert~ed their own parking
' City Commission Documentation
Meeting of October 7, 1997
Appeal of SPRAIB's Decision - The Boy's Farmers Market Minor Site Plan Modification
Page 2
circulation/management plan, which restricts use of the south driveway to ingress only,
and the north driveway to egress only. In addition, the drive aisles between the parking
rows have been marked one-way (north only from the Ingress drive) creating a
confusing on-site circulation pattern. Further, patrons park along the south side of the
ingress drive (spaces are not marked) contributing to vehicular congestion for incoming
traffic. This circulation pattern is inconsistent with the approved site development plan
and has been implemented without City approval. There have been numerous
complaints made to the City Manager's office regarding the existing situation.
The Code Enforcement Division has cited the property 'owner for making the changes
on the south half of the property and for parking on the unlmproved surface on the north
portion of the property. The site plan that is the subject of this appeal was submitted t~>
· bring the property into compliance by paving the north section. With review of this
proposal, It Is appropriate to revlslt the existing parking and circulation on the south
portion of the site. In order to mitigate the existing traffic hazards .and provide a safe
traffic circulation on the site, modifications to the existing parking Itt shoul~l be made at
this time, in accordance With attached Exhibit A. The.changes include reconfiguring the
portion of the existing parking Itt adjacent to Military Trail and provid!ng driveway
connections to the parking tier to the east. This configuration will provide a muoh
longer staCking area on the site, thereby reducing the backing-up of vehicles onto
Military Trail as customers walt to turn into the first parking tier~
At Its meeting of September 17, 1907, the Site Plan Review and Appearance Bdard
reviewed the site plan modification request to install the north parking Itt. There was
no public testimony regarding the request. The applicant's agent/engineer, Gerry
Church, made the following comments as to why he felt the existing parking should not
be reconfigured:
· The addition of 68 spaces on the' north end and Installation of 'No Parking" signs
along the access drives will alleviate the congestion at the driveways.
· The directional signs and pavement marklngs Installed on the ~outh parking Itt will
be removed and replaced with directional signage and pavement markings per the
approved plans.
· The existing parking Itt was approved by the City, and the owner does not feel it is
reasonable to require modif'mation to the existing parking itt layout.
· The'changes are cosily and disruptive resulting in the loss of 6 spaces at the fl'tnt of
the store.
In addition to the above, the agent reques{ed deferral of the reconfigurafion to allow a
traffic consultant to study the situation, and suggested that security personnel could be
hired to direct traffic.
The Board discussed the proposal and felt that the e~dsting configurs{lon is s safety
concern, especially with stacking onto Mill{sty Trail, and did not feel that the additional
· City Commission Documentation
Meeting of October 7. 1997
Appeal of SPRAB's Decision - The Boy's Farmers Market Minor Site Plan Modification
Page 3
68 spaces would alleviate the existing traffic circulation problems. The Board did not
feel that the construction of the reconfiguration would be significantly disruptive to the
facility. They stated that the improvements to the north parking lot would attract even
more customers, and that to defer the reconfiguration would be more disruptive as it
would occur during the peak season.
After lengthy discussion, SPRAB voted 7-0 to approve the site plan modification
request based upon Positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(G)(5) of the Land Development Regulations and the
policies of the Comprehensive Plan subject to the following conditions:
1. That revised plans be submitted addressing .the Site Plan Technical Items of the
Staff Report;
2. That the site plan configuration depicted on Exhibit A of this report be implemented;
and,
3. Th'at the temporary parking lot (east side of the north lot) be allowed to exist Until
September 1, 20q0, at which time the parking lot is to be constructed wlthln 6
months of that date (by March 1, .2001), or the parking use is to cease pending
submittal of future development proposals.
The Board stated that they would consider an alternative proposal by the appllcant's
engineer if it addressed their concerns and was a barfer alternative than the Exhibit
presented by staff.
"': ........... "- ~" '~'"'" .... !'" ?' ' ' ................... ~ ~ ~ ...................................... ~"~'~'~" ~'~!' ~" '" '-"' ~ '"~'~" ~'~ '~ ~ "* .....
A. Continue with direction.
B, Uphold the Site Plan Review and Appearance Board's decision and approve the
site plan modification for The Boy's Farmers Market subject to SPRAB's
flndlngs and conditions.
C. Reverse the Site Plan Review and Appearance Board's decision and approve
· the site plan modification for The Boy's Farmers Market subject to the
conditions Indicated by SPRAB, excluding the condition regarding
reconfiguration of the existing parking lot adjacent to Military Trail.
Uphold the Site Plan Review and Appearance ~oard's decision and approve the site
plan modification for The Boy's Farmers Market subject to SPRAB's findings and
conditions.
Attachments:
· Exhlblt A (Staffs Recommendation)
· Exhibit B (Ap~llcant'$ Proposal))
i
ill
[i, .,, , *Iii
',I~~'1 ~ ,' i t . I . ,. ,n
Gerald B. Church, P.E.
2575 South OceanBoulevard
Apartmenu 310
MighlandBeach, Florida 33487
September 22, 1997
Ms. AlisonMacGregorHarty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Minor Site Plan Modification
Boy's Farmers Market
Dear Ms. Harry:
Elizabeth and Anthony Fa~elli are the owners of the.property
located at 14378 MilitaryTrail, De%fay'Beach, Florida. The Boy's
Farmers Market is located on a po.r~.lon of the property. Mr. and
Mrs. Fanelli sutmLtttedanapplicatmon for a minor site plan
modification.to construct permane~ and temporary parking lots
associatedw~th the existing building.
As designated agent for the Mr. andMrs. Fanetli, this letter
will serve as your notification that Mr. aheM rs. Panelli are
appealin~the ~ecisionof the Site Plan Revlewand.~0pearance
Board rendered cnSepte.m~..r 17, 1997 recJa_rdir~ their request for
the m/nor site~lanmodiflcati?n. Specifically, Mr. an~.Mrs.
Fanelli are 9ppeallns the portlon o~ the decision requzrlr~g_
reconfigurationof the existing parkin~ lot to conform with
Exhibit "A" of the staff report. Mr. and Mrs. Fanelli are
requesting that the existing.parking lot remain as built, and as
previously approved by the C~ty of Delraybeach.
Mr. and Mrs. F..anelli request' tha~ thi~ appea% be scheduled ~o be
heard by the C/ty Cou~s:sion on lts next aaraxlable a~enda.
Very truly yDurs,
Gerald B. Church
, I II
RECEIVED
~ CLERK
[IT¥ DF DELRI:I¥ BER[:K
DELRAY BEACH
Gerald B. Church, P.E.
2575 South Ocean Boulevard
Apartment 310
Highland Beach, FL 33487
Re: Appeal of Site Plan Review and Appearance Board Decision re
The Boys' Farmers Market Minor Site Plan Modification
Dear Mr. Church:
This will acknowledge receipt of your letter of appeal with
respect to the Site Plan Review and Appearance Board's action of
September 17, 1997, concerning the referenced project. Pursuant
to Section 2.4.7 of the Land Development Regulations, the appeal
was received in a timely manner by the City Clerk's office on
September 23, 1997.
Please be advised that the matter will be scheduled for
consideration by the City Commission at the regular meeting to be
held on Tuesday, October 7, 1997. The meeting will begin at 6:00
p.m. and will be held in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida.
You may wish to check with my office prior to the October 7th
meeting to determine the item's standing on the agenda. Should
you have any questions, please do not hesitate to contact me at
561/243-7050.
Sincerely,
Alison MacGregor/Harry '
City Clerk
AMH/m
cc: David W. Schmidt, Esq.
Diane Dominguez, Planning Director
Sharon Morgan, Executive Assistant
TH5 EFFORT ALWAYS MATTERS
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Alison MacGregor Harry, City Clerk~
SUBJECT: Appeal of SPRAB Action - The Boys Farmers Market
DATE: September 23, 1997
For your information, I just received the attached appeal of the
Site Plan Review and Appearance Board's action on September 17th
re a minor site plan modification and landscape plan in
conjunction with the construction of permanent and temporary
parking lots at The Boys Farmers Market, 14378 Military Trail.
The appeal is timely filed and I plan to schedule it for the
October 7th City Commission regular meeting.
I call this to your attention because the item is included in the
Report of Appealable Land Use Items (Item D. under SPRAB)
scheduled for approval on tonight's consent agenda.
~VlH/m
Attachment
cc: Diane Dominguez, Director of Planning & Zoning
Jeff Costello, Senior Planner
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 23, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 19, 1997
Attached is the Report of Appealable Land Use Items for the
period September 8 through September 19, 1997. 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 appealable actions for the period stated;
receive and file the report as appropriate.
City Commission Documentation
Appealable Items Meeting of September 23, 1997
Page 3
A. Approved (7 to 0), the architectural elevations associated with
enclosing a front porch area of the building for a display/showroom
at the Borton Volkswagen Dealership, located on the east side of
North Federal Highway, approximately 1,500 feet north of Allen
Avenue (just north of Borton Volvo).
B. Approved with conditions, (7 to 0), a request for color change and
the architectural elevation plan to allow facade changes associated
with converting the former Great Western Bank building to a
furniture store, Gillis Signature Imports Showroom, located at
the northwest corner of East Atlantic Avenue and N.E. 7th Avenue.
C. Approved with conditions (7 to 0), the site plan to allow the
construction of a triplex, Colridge Apartments, located on the west
side of Venetian Drive, approximately 200 feet south of Ingraham
Avenue. The landscape plan and architectural elevation plan were
tabled.
D Approved with conditions (7 to 0), a minor site plan modification
and landscape plan in conjunction with the construction of a
permanent and temporary parking lots (north half of site) at The
Boy's Farmers Market, located on the east side of Military Trail,
approximately 2,100 feet north of Atlantic Avenue.
E. Approved (7 to 0), the architectural elevation plan to allow awning
additions for Head Start, a child care facility located within the
Catherine Strong campus on S.W. 6th Street.
No Regular Meeting of the Board was held during this period.
R~OMMEN~B ~;I~N
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR CULrS EAMBL .
CITY COMMISSION MEETING '
OF SEPTEMBER 23, 1997
L-30 CANAL
LAKE IDA ROAD
N.W. 2ND
· ! i
.J
S.W. 2ND
i
LOWSON BOULEVARD
LINTON BOULEVARD
i BOULEVARD
! i
L-38 CANAL C-15 CANAL
om'Pr LIMITSI ........... I S.P.R.A.B.: J
A. - BORTON VOLKSWAGEN
B. - GILLIS SIGNATURE IMPORTS SHOWROOM
i MILE
I C. - COLRIDGE TRIPLEX
D. - THE BOY'S FARMERS MARKET
SCALE E. - HEAD START
CITY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- D/C/I'AI. BaSE M4P 5I'~PEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~///
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF OCTOBER 7, 1997
SERVICE AUTHORIZATION #2/DIGBY BRIDGES MARSH &
ASSOCIATES (TENNIS CENTER TICKET OFFICE BUILDING)
DATE: OCTOBER 2, 1997
This is before the Commission to consider approval of Service
Authorization #2 in the amount of $10,200 to Digby Bridges Marsh
& Associates for preparation of construction documents for the
Tennis Center ticket office building, and a not-to-exceed $2,000
to cover reimbursable expenses. The work includes all necessary
documents for bidding, permitting and construction in time for
the February 1, 1998 Nuveen tournament.
Funding in the total amount of $12,200 is available from the
utility tax bond issue sold in order to finance the remodeling of
City Hall. The account line item is 334-4125-572-62.10 in the
General Construction Fund (Parks & Recreation/Buildings).
Recommend approval of Service Authorization #2 in the total
amount of $12,200 with Digby Bridges Marsh & Associates.
ref:agmemo8
Agenda Item No.__
AGENDA REQUEST
Date: September 30. 1997
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: October 7. 1997
Description of item (who, what, where, how much): Staff request City_ Commission
approve Service Authorization #2 with Digby Bridges. Marsh & Associates in the amount
of $12,200.00 for preparation of Construction Documents for the Tennis Center Ticket
Office Building.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City_ Commission approve Service Authorization #2
with Digby Bridges. Marsh & Associates in the amount of $12.200.00 for preparation of
Construction Documents for the Tennis Center '~icket,Office Buildino.
Department headsignature: /t~~jZ '/~/..~-~.~k/~ -
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:~ES~NO .........
f/'f")J~ ) Funding alternative~applicable):
~-'/',)[' Account No. & Des.cription '.:~
Account Balance ,~ ~"~,~OO
(J
City Manager Review:
Approved for agenda:/'~O
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9752~agreq107
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City
Manager
rom: .....t ~.--,,..,{~0 ~4Y,4/'f-,O,~'
F
Josh Aguila, A IA
Construction Manager ~'* ,;, ~o, cOp,,c
Date: September 29, 1997
Subject: AGENDA REQUEST 10/7/97
Tennis Center Ticket Office Building
Project No. 97-052
Attached is an Agenda Request for City Commission approval of Service
Authorization #2 with Digby Bridges, Marsh and Associates in the amount of
$10,200.00 for preparation of Construction Documents and a not-to-exceed
$2,000.00 to cover reimbursable expenses. The work includes all necessary
documents for bidding, permit and construction for the proposed Tennis Center
Ticket Office Building in time for the February 1, 1998 Nuveen event.
At the time of preparation of this memo, a funding source for these expenses
were not identified to me. I have requested that the Finance Department provide
that information to you directly, prior to the Commission meeting.
cc: Randal Krejcarek
Dick Hasko
Brahm Dubin
Bob Barcinski
File 97-052 (A)
s\...\9752~agmm107
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. ~- FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE COD~
PROJECT NO. ~-o0~ (CITY) Digby Bridges, Marsh
& Associates, P.A.
TITLE: CITY OF DELRAY BEACH TENNIS CENTER ADMINISTRATION
OFFICES, ~ND TICKET SALES OFFICE
I. PROJECT DESCRIPTION
Provide contract documents for the construction of
Administrative Offices and Ticket Sales Office (±1500 sq.ft.)
for the existing Delray Tennis Centre.
II. SCOPE OF SERVICES
(A) The services the consultant shall provide shall include
all planning, design and construction documents for new
Administration Offices of 1,500 sq.ft., consisting of
offices, work room, toilet and ticket sales area
(B) The consultant will provide architectural construction
administration and coordination services necessary for
the construction of the new facility.
(C) The following services which are included:
(1) In addition to the components listed in above Items
A & B, the architect shall be responsible for
preparation of landscaping plans (to include
xeriscaping), irrigation plans, structural
engineering, mechanical engineering, plumbing
engineering, electrical engineering and civil
engineering.
(2) Final construction documents shall be completed on
Auto Cadd Version 14.
(3) The consultant (and contractor when construction
begins) shall attend biweekly progress meetings with
the City to monitor the status of design and/or
construction and coordinate activities.
(4) Consultant shall provide all services necessary to
obtain approvals required, which may include, but
not necessarily be limited to the following:
Florida Department of Health & Rehabilitative
Services
Palm Beach County Department of Environmental
Resource Management
City of Delray Beach Site Plan Review and Appearance
Board
City of Delray Beach Department of Environmental
Services
City of Delray Beac~ Building Department
City of Delray Beach City Commission
The consultant shall furnish all materials and make
presentations to these governing bodies as required
to obtain all necessary approvals.
III..BUDGET
C~mpensation for services described above shall be a lump sum
fee of $10,200.00 (Ten Thousand Two Hundred Dollars).
To be billed in accordance with the work completed, with a
maximum percentage for each section:
'~ Preliminary Design (Sketch Design) 15%
Design Development 20%
Contract Documents 60%
Construction Administration
100%
Mode of payment shall be billed on a monthly basis and shall
be billed in accordance with the hourly rates set out below.
Compensation for additional services not included in this
Contract shall be at the following rates:
PER EXHIBIT "B" AS REVISED 7/14/97
Principal $110.25 per hour
Architects $ 84 00 per hour
Cost Engineer $ 78 75 per hour
Job Captain $ 68 25 per hour
Computer Drafting $ 52 50 per hour
Draftsperson $ 47 25 per hour
Sr. Clerical $ 36 75 per hour
Clerical $ 31 50 per hour
EXCLUSIONS:
Land Surveyor
Soil testing
Local Government Process (above normal)
REIMBURSABLES:
Reimbursables not to exceed $2,000.00 (Two Thousand
Dollars).
IV. COMPLETION DATE
The completion date for the plans, contract documents and
permit .applications is 45 days from Notice to Proceed.
V. SERVICE AUTHORIZATIQN
This service authorization is approved contingent upon the City's
acceptance of and satisfaction with. the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the-previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further not'ice to
proceed.
Approved by: DIGBY~ES, i~RSH~ ASSOC.,~~
CITY OF DELRAY BEACH: P.A.9--2~9~~-~
Date Date
By: Diqb¥ Bridqes
Jay Alperin
Mayor Title: President
~ (Seal)
1~97 ,was aq~now, ledged by _
Approved as to Legal o~ ~h~lf-of t~e Corporation
Sufficiency and Form and said person executed the
same free and voluntarily for
the purpose there-in expressed.
Witness my hand and seal in the
County, _~nd State aforesaid this
.~ ~ day of
~?o~UbFll ioCr 1~~.~ ~. ~ ~-w~r
My Commission Expires:
'11
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY Mg~AGER
SUBJECT: AGENDA ITEM # V.~.- REGULAR MEETING OF OCTOBER 7, 1997
ALTERNATIVE PROPOSAL FOR RESURFACING THE CAMINO REAL
HOTEL AND THE CITY'S NORTH PARKING LOTS
DATE: OCTOBER 3, 1997
At the April 15, 1997, regular meeting the City Commission agreed
to authorize an application for a modification to the Camino
Real expansion plans to include a joint accessway to the City's
and the hotel's parking lots (minutes attached). As consideration
for granting the necessary access easement to Ocean Properties, an
approximate figure of $75,000 was mentioned as payment to the
City, subject to further discussion. Ocean Properties
subsequently indicated they would be willing to pay $50,000. The
City Attorney drafted the attached access easement agreement which
outlines the responsibilities of each party. Ocean Properties has
never signed the agreement and it has not been brought back to the
Commission for consideration.
Ocean Properties has recently contacted us with an alternative
proposal. They intend to do all of the parking around the hotel
with a brick surface. The brick surface is more expensive than
asphalt. Ocean Properties has offered to include the driveway and
City parking spaces in brick in return for reducing their payment
to $25,000.
I recommend that the City Commission accept the offer to do all of
the resurfacing in brick, but request consideration in the amount
of $30,000 from Ocean Properties.
ref:agmemol0
Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0
vote.
9.I. APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMIT-
TEE (RESOLUTION NO. 36-97): Appoint a member to the Affordable
Housing Advisory Committee for a two year term ending March 31,
1999, and adopt Resolution No. 36-97. The appointment will be
made by Commissioner Randolph (Seat #4).
The City Manager presented Resolution No. 36-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPOINTING A
MEMBER TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE, PURSUANT TO STATE LAW; PROVIDING
AN EFFECTIVE DATE.
(Copy of Resolution No. 36-97 is on file in the offi-
cial Resolution Book)
Mr. Randolph moved to appoint Renee Dillon as a member
to the Affordable Housing Advisory Committee for a two year term
ending March 31, 1999, and adopt Resolution No. 36-97, seconded
by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9.J. PROPOSAL FOR A COMBINED ACCESSWAY/CAMINO REAL HOTEL AND
THE CITY'S NORTH PARKING LOTS: Consider authorizing Camino Real
Hotel to file an application for a modification to their expan-
sion plans which proposes a joint accessway to the City's and the
hotel's parking lots.
The City Manager feels this is certainly of value and
stated that the City should receive some consideration if they
allow the use of this driveway by the hotel. The City Manager
stated that while discussing this with the CRA director the City
figured approximately $75,000 (would include maintenance of the
entire lot). However, this is subject to further discussion and
negotiation. If this were to be done, then the City's parking
spaces in the lot would continue as metered spaces.
Mr. Ellingsworth moved to authorize the filing of the
application that affects the City's portion of the property,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
13. Co~....ents and Inquiries on Non-Agenda Items.
13.A. City Manager
-25- 04/15/97
ACCESS EASEMENT
THIS ACCESS EASEMENT AGREEMENT, by and between the CITY OF
DELRAY BEACH, a Florida municipal corporation (City) and OCEAN PROPERTIES,
LTD., a Maine Corporation (Ocean Properties ) is made as of the date of execution hereof by
the last of the parties to execute.
WITNESSETH:
WHEREAS, City is the owner of property situated in Palm Beach County, Florida,
more fully described in ~ attached hereto and made a part hereof; and,
WHEREAS, Ocean Properties is the owner of property situated in Palm Beach
County, Florida, more fully described in ~ attached hereto and made a part hereof;
and,
WHEREAS, the property described in ~ is immediately adjacent to and
contiguous with the property described in ~; and,
WHEREAS, the City determines that it is a valid public purpose to enter into this non-
exclusive Access Easement Agreement allowing Ocean Properties access over a portion of
the property shown in ~ and as legally described in ~; and,
WHEREAS, for explanation and convenience, there is a rendering of the driveway
access easement attached hereto as ~; and,
WHEREAS, for explanation and convenience, there is a rendering of drainage and
exfiltration facilities, attached hereto as ~; and,
WHEREAS, it is the intent of the parties that the non-exclusive easement as shown in
~ is subordinate to and inferior to the right of the public over the property; and,
WHEREAS, all references to either the City and/or Ocean Properties in this Access
Easement Agreement shall also include, as may be applicable, their respective heirs, personal
representatives, employees, tenants, tenant's employees, business invitees, other invitees and
licensees, and their respective successors, and assigns.
NOW, THEREFORE, in consideration of the mutual covenants and promises, the sum
of fifty thousand dollars ($50,000.00) and other valuable consideration, subject to the rights,
obligations and limitations, set forth herein, the parties covenant and agree as follows:
1. Rtc, itati91~ The recitations set forth above are hereby incorporated as if fully
set forth herein.
2. Grant ofAccessEasement: The City hereby grants and conveys a non-
exclusive perpetual easement for access and driveway purposes to Ocean Properties over the
property described in E~bit C. Access and driveway purposes as used in this Agreement
means for the full and free right and liberty to pass and repass, ingress and egress, over, on,
upon and through the property described in ~, in order to allow full and free
pedestrian and vehicular access from and between the property described in ~, the
hotel facility, and A1A, provided however that the access to A1A shall be restricted to such
times as the public parking as described ~ is open to the public. The City shall, in
its sole discretion determine when the public parking shall remain open and accessible to the
public. If the access to A1A is closed, Ocean Properties shall retain its right of vehicular
and pedestrian access over the property described in E~bit C, except that Ocean Properties
shall provide a point of ingress or egress through the hotel facility property.
2
3. Term. This Access Easement Agreement as described in ~ shall be
perpetual and may only be terminated by written instrument duly executed by both parties
hereto except as provided in Paragraph 5.
4. Duties of the Parties:
A. Ocean Properties shall:
1. Pay to the City $50,000.00 for the Access Easement, payable upon the
date the last of the parties executes this agreement.
2. Maintain the paving over the Access Easement shown in ~, the
paving over its property described in ~ and the City's property
described in ~, including but not limited to, surfacing and
resurfacing, day to day cleaning of the properties described in ~
~ and debris removal, maintaining the aforesaid properties in
a neat, clean and sanitary condition, free from all garbage and trash,
litter and debris, landscape maintenance and replacement, and stripping
and restripping of the property described in ~, E~bit B and
~ as may be requested from time to time by the City,
maintenance and painting of the curb stops, etc., on the property
described in ~, and all other maintenance and repair except as
otherwise expressly set forth in this Agreement as a duty of the City.
3. Ocean Properties shall not construct or place any improvements on the
property described in ~ and shall not obstruct, impede, or
interfere in the free flow of vehicular or pedestrian traffic over the
property described in ~, or interfere with, obstruct or impede in
the free ingress and egress of the vehicles, pedestrians, and traffic from
the City's property described in ~.
4. Ocean Properties acknowledges that certain drainage facilities and
exfiltration trenches as shown in ~ shall be maintained by Ocean
B. The City shall:
1. Be responsible for the installation and maintenance of parking meters,
that the City may in its sole discretion install on its property shown in
2. Provide replacement and/or repair of the curb stops located on the
property shown in ~, including painting of the curb stops on
property shown in ~.
3
3. Shall repair potholes on the property described in ~ and
4. Install, repair, and replace a gate at the egress and ingress access at
A1A. The City shall be responsible for the opening and closing of the
gate. The City, in its sole discretion shall determine if a gate will be
installed, repaired or replaced and if installed, the dates and times when
the gate will remain opened or closed.
5. Default. If Ocean Properties fails to perform any of its duties under this
agreement including, but not limited to, providing all maintenance and repair as set forth in
this Agreement, payment of taxes, and assessments as may be required on the property
described in ~, the maintenance of adequate insurance as may be required by the City,
the levels of which may be changed by the City from time to time, or fails to indemnify the
City as provided for herein, the City may declare a default by providing written notice giving
Ocean Properties ninety (90) days to cure the default. If Ocean Properties fails to cure the
default within the ninety (90) days, the City shall have the right to seek enforcement of this
Agreement in the Circuit Court in Palm Beach County, Florida. If Ocean Properties
impedes or obstructs access to the City's property described in ~, by impeding or
obstructing access over the property described in ~ for more than one hour without the
City's prior consent, and the City is required to give notice thereof more than three times in
any calendar year, Ocean Properties shall pay to the City $1,000.00 for each time the
impediment occurs in excess of three times in any calendar year.
6. Taxes and Assessments. Ocean Properties shall pay any and all taxes and
assessments that may be levied from time to time against the property described in ~
antiC.
4
7. Covenants Running with the Land. The easement hereby granted shall
be a servitude on the property described in ~. The easement, restrictions, and
obligations created by this Agreement shall run with the land and, shall be binding upon the
party granting, making or assuming such easement or obligation or restriction and such party's
successor's, assigns and mortgagees, and shall inure to the benefit of the other party hereto
and its successors and assigns and mortgagees and any lessee, assignee or mortgagees, or
transferee of any part of the property shall automatically be deemed, by acceptance of the
estate, title, lease or portion thereof to have assumed all obligations hereof and relating
thereto.
8. Leases and Licenses. Ocean Properties shall require that all leases and
licenses shall include and be made subject to the obligations, limitations and restrictions of this
agreement and provide for the termination thereof for non-compliance with this agreement.
9. Indemnification. Ocean Properties shall and does hereby agree to
indemnify, hold harmless and defend the City, its officers, agents, employees, successors and
assigns from and against any and all judgments, damages, claims, demands, losses, liability
and other costs and expenses, including reasonable attorneys fees incurred in the defense
thereof, that may be incurred by the City by reason of any loss, damage, or injury to any
person or property, resulting directly or indirectly by reason of Ocean Properties use of the
property or maintenance of the property described in Exhibits B and/or C and ~
and/orE, or by reason of the act, or failure to act, on the part of Ocean Properties and/or
its agents, employees, tenants, tenant's employees or representatives, and further shall, and
hereby agrees to indemnify, hold harmless, and defend the City its officers, agents and
employees from and against any and all losses, claims, demands, costs and expenses to which
5
the City may become subject by reason of the failure of Ocean Properties , its managers,
agents, licensees or tenants to pay, perform or observe any covenants, terms, conditions and
provisions contained in this Agreement.
10. ~ Ocean Properties shall obtain in mounts determined by the
City comprehensive general liability insurance for the property described in ~ and
shall name the City as an additional insured.
11. Enforceability/Venue. This Agreement and the rights created thereby shall
not be construed as vesting any rights in any licensee, tenant or other third party or person,
other than the signatories hereto and subsequent owners and mortgagees of the various parcels.
Venue for the enforcement of this Agreement shall be in Palm Beach County, Florida. To be
effective, this Agreement must be executed by both parties.
12. ~ Both parties, with respect to the parcel of property owned by
such party, warrants, represents and covenants to the other party: (a) that all mortgagees,
lienors, encumbrances, or other parties having any interest in such property and which are
necessary or appropriate to join in the execution of this Agreement in order to make this
Agreement fully effective as to such property, have so joined in the execution hereof, or
provided appropriate releases; (b) that this Agreement constitutes a valid and legally binding
obligtion of such party enforceable in accordance with its terms; and (c) that this Agreement
has been executed by an authorized person on behalf of such party.
13. Recording, Document Stamps. Fees. This Agreement shall be recorded in the
public record of Palm Beach County, Florida. All recording costs, fees or documentary stamp
fees shall be borne by Ocean Properties.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
officers, their signatures and seals this day of ,1997.
WITNESS: OCEAN PROPERTIES, LTD.
By:
(Signature of Wimess)
(Signature printed or typed) (Signature printed or typed)
(SEAL)
STATE OF
COUNTY OF
The foregoing insmunent was acknowledged before me this day of
, 1997, by (name of officer or agent, title of
officer or agent), of , a corporation, on
behalf of the corporation. He/She is personally known to me or has produced
as identification.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
ocean.agt
~ I
~ .~..~.~ ~,i I
I
/
by ~Ls oY~ce.
SC~ ~.- Drawing not v.l~d ~l~i ~ w~t" Sur
Exhibit B
OESCRIP t % UN
A parcel of lan(% beLnq a port,on O( 0rzg~n~l L.OtS 15 through lb,
4LSC~e Of tB~.~4 feet:
* d~sc~ce of ~.~e feet:
(2) th~ce southerly along t~, easterly Izne of sazd PIa~ a distance
~ith t~ ~C right-of-way line of S~ate RQaU q-l-A-pe~ Plat Book
page 4;
~Av~ue a d&st~Cl of :89.b8 f~et to the ~INT 0F 8EGXWING.
sJ'~M~ her~n ~s true and correct to the bes~ of my kn~ge ~d
belief as surv~V~ in the field under ~ res~*tbll dirK~t~ ~
Fe~ary iS, 1988; and that said sur~ c~for~ to t~ fllniu
Haflue~ A. Gut
P:oLessional ~and Sucre%or
Florida Certificate Ho. 4102
E:7~41 BI T 'C'"
0ESCRt PTION
THE SOUTH 24 ~EET ~' PARC~ 1
THE SOUTH 2.4, ~ OF A PARC:~L OF LAN0 EIE:~NG A PC3RTI(3N OF' ORIGINAL LOTS 1.3, 14,, & 15, OCEAN
BEACH SUED I V I S I ON. SECT I ON 16, T4~S. R4...~. OE2.RAY BEACH, PALM BEACH COUNTY. FLOR ! DA, IdC3RE:
PARTIOA.RRLY DESCRIBED AS
CC~ING AT THE INTERSECTION OF THE CENTER% I NE: OF ATLANTIC AVENUE ANO THE: EAST RIGHT-
OF--WAY L I NE OF' ANOR--~ AVE:NUE E~XTENOED; THENCE WI TH SA I O
NORTHE:RI_Y 612.83 FEET TO THE NORTH LINE OF THE: SOUTH HALF (S1/2) OF' ORIGINAL LOT 13 IN AN
EASTERLY DIRECTION TO TH~ POINT OF' BEGINNING; THI-~ CONTINUING ALONG SAID NORTH LINE:.
314.95 FEET IN AN EASTERLY DIRECTION TO 1'~ ~-T RIGHT-OF-WAY LINE: OF' OCEAN BC~R..EVARD
(S. R. AIA): ~ WITH AN INTERIOR ANGLE TO ~ LEFT OF 81 DEOREES 18' 07'. 57.66 FEET IN A
SOUTHERLY DIRECTION ALONG SAID V~ST RIGHT-.C~F-WAY LINE; THE:NC[ WITH AN INTERIOR ANGL.E: TO
~ ~ OF' g80EGREE. S 4.1' 53'. 306.02 ~ IN A ~STERLY DIRE:CTION; THI-~ WITH AN INTI-~IOR
ANGLE TO THE LE~T OF 90 DE:GREES 12' 30'° ,57.00 ~ IN A NORTHERLY 01RE:CTION TO
BE:GINNING.
· ..:~
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~~ ~ ~ ~ ..:.:.:.:.:.:.:.:.:.:-:.:.:-:-:.:.:.:-:.:-:-:.:~...-.-.-.-.-...-..-.-...-.-~.............. ....... .................. ........ . .......
~ PAR~ 2 ~ I
~ ~OT 13
~ A~N~C AVENUE (SRSOS)
G~C SC~
~ ENV~ONM~NTAL SE:RV-[CES DEPARTM.~NT ~ ]~rTR~ "D' ~
, ~
FC~ OR~N)' ;~ PARKING 11JRNAROUNO
STOP G k
· ' ' 6' HIGH CONC~("~ BLOC~
SEE
,~mACE STRIPING -lO' pvc '
~o' C-gOo p%'C pfl~_ -2' pvc.. -
INV.- ~O.O'. PttJG
2' SOR 35 pvc
~ OEO( {~qA~MNGS PAG~
HYOR
24'
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CUT RAMp miR ~0.0 r
Community
Redevelopment (ICI:
Agency CITY
Delray Beach
October ], 1997
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: Parking Management Team/City Commission Workshop
Dear Dave:
The purpose of this letter is to request that City Commission's workshop with regard to thc role of
the Parking Management Team be postponed fi:om thc agenda of October 14, 1997. Thc CRA staff
as well as Janet Onnen, Marjorie Ferrer, and others will be attending the annual Florida
Redevelopment Association/Main Street conference at that time. Commissioner Egan will also be
out of town. We would like to request a special workshop to take place on Tuesday, October 28,
1997.
As you know, the Parking Management Team held a workshop with John Edwards, the parking
consultant we contracted with to do a downtown study, on Saturday, September 27, 1997. It was
Mr. Edwards' recommendation that we address the following critical items with City Commission
as soon as possible:
1. A full-time parking manager
2. Valet parking contracts
3. Temporary parking lots
4. Changing 2-hour parking on Atlantic Avenue to 1-hour
5. Stricter enforcement of parking violations
Please let me know if we can schedule a workshop with City Commission on October 28, 1997.
Tha~/~o~ for your assistance. / /
Executive Director
cc: Robert Barcinski
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~. ~.- REGULAR MEETING OF OCTOBER 7, 1997
HOLIDAY OPERATING SCHEDULE FOR CITY HALL
DATE: OCTOBER 2, 1997
In the past there have been several occasions where holidays fell on
either a Tuesday or Thursday of the week. In these instances, we have
closed City Hall on the preceding Monday or following Friday and
encouraged employees to take the day off by using vacation time.
This year Christmas and New Year's Day both fall on Thursday. I am
recommending that City Hall be closed on Friday, December 26th, with
employees using vacation time for this additional day off.
Several employees have inquiried if the same arrangement is
anticipated for the New Year's holiday. I am somewhat concerned that
if the City is closed on January 2nd, it may be disruptive to
businesses which are planning to return to work that Friday.
Since the Mayor and City Commissioners probably have a better feel for
this situation than I do, I am requesting direction on whether City
Hall should be closed on Friday, January 2, 1998, in the same manner
as is planned for December 26th.
ref:agmemo9
I:ITY OF DELRRY BEREH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~ MEMORANDUM
AiI.Amedca City
'llllJr''''' DATE: September 30, 1997
TO: City Commission
1993
FROM: Susan A. Ruby, City Attorney
SUBJECT: Garlands v, City. of Defray Beach
As you may recall, this case stems from a suit alleging that the Plaintiffs should be
reimbursed for pension contributions they made after attaining thirty (30) years of
credited service in the General Employee Pension Plan. The City ordinance amended in
December of 1993 stopped contributions from employees who attained thirty (30) years
of credited service. The Commission did not make the ordinance retroactive.
One of the Plaintiffs attained thirty (30) years of service under the plan on February 22,
1986 and continued to contribute to the pension plan until December of 1993 in the
amount of $12,230.94.
The other Plaintiff attained thirty (30) years of credited service under the pension plan
on May 24, 1986 and continued to contribute to the plan until December 8, 1993 in the
amount of $10,185.53.
The City has filed a Summary Judgment in this case. Our office, in concurrence with
outside counsel, feels that the City's chances of success are quite good.
Our office has received a settlement proposal in this case in the amount of $22,000.00
including attorney's fees and costs. The Commission may either approve, deny or
provide a counter offer to the settlement offer at the Commission's discretion.
By copy to David Harden, City Manager, please place this matter on the City
Commission agenda for City Commission action.
have any questions.
cc: David Harden, City Manager
garlands.sar
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJx2X]'AGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 7, 1997
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: OCTOBER 1, 1997
At the September 23rd meeting, Mayor Alperin postponed his
appointment of a regular member (subcontractor) to the Code
Enforcement Board to fill an unexpired term ending January 14,
2000.
Ail members of the Code Enforcement Board must be residents of the
City. Appointments shall be made on the basis of experience or
interest in the fields of zoning and building control. The code
states that, whenever possible, the membership shall include a
subcontractor.
The following individual has applied for the subcontractor
pos~ ........ .
~ Robert J. McDonald ~
The following h-a~ ~IS0 applied for consideration:
Lynn Gardner (currently an alternate member)
Anthony Veltri
Stanley War sky
Pursuant to Commission direction, a check for code violations
and/or municipal liens was conducted. A copy of landscape
violations is attached to Mr. McDonald's application. He is
cooperating with the City Horticulturist in developing a plan to
correct the violations.
The appointment will be made by Mayor Alperin (Seat #5).
Recommend appointment of a regular member (subcontractor position)
to the Code Enforcement Board to fill an unexpired term ending
January 14, 2000.
ref:agmemol
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Cod~)
.oME P. ONE ~.)~., ~ BUSINESS PHONE .~,)
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU H~LD
. .
GI~ YOUR PRESENT, OR MOST RECEN~ E~LOYER, ~ POSITION
DESCRIBE E~ERIENCES, SKILLS OR ~O~EDGE ~H QU~IFY YOU TO SERVE ON THIS
B0~ ~
I ME.BY CERTI~ ~T ~L ~E ~0VE STAT~NTS ~ TRUE, ~ I AGREE
~ERST~ ~T ~ MISSTAT~NT OF ~TERI~ FACTS CONTAINED IN THIS ~PLICA-
TION ~Y CAUSE FORFEITURE UPON ~ P~T OF ~ ~POIN~NT I ~Y ~CEIVE.
DATE
4/90
CITY OF DELRAY BEACH VIOLATION ADDRESS AND LEGAL
(Petitioner) DESCRIPTION LOCATION:
140 NW 18TH AVENUE, DELRAY BEACH, FL;
v. 1~,46-43, N 200' OF S 320' OF W 65' OF E 400'
OF N 1/2 OF SE 1/4 OF NE 1/4 LYG W OF &
ROBERT J MC DONALD PARA TO SAL RY R/W.
PO BOX 207
DELRAY BEACH, FL 33447-0207 PID # 12 43 46 18 00 000 1110
(Respondent(s))
ClTY OFDELRAYBEACH, FLORIDA
CODEENFORCEMENTBOARD
STANDARD ORDER
CASE NUMBERCEB93-11874
At this Code Enforcement Board Hearing held on July 22, 1997, the above respondent(s) was
found guilty by the Code Enforcement Board of violating City of Delray Beach Land Development
Regulations as enumerated below. The violation(s) occurs on property legally described above
as the violation address and legal description location, which the Code Enforcement Board
determined the respondent(s) owns in accordance with Palm Beach County property ownership
records.
The Code Enforcement Board found that the respondent(s) was properly notified of the
violation(s) enumerated below and of this Code Enforcement Board Headng. The respondent(s)
was not present at the above hearing.
The findings of facts enumerated below are based on the evidence of record and the Code
Enforcement Board's conclusions of law. Based upon testimony and evidence received from
the Landscape Inspector, the Code Enforcement Board found by a vote of 6 to 0 that the
respondent(s), as a matter of law, is (are) guilty of the violation(s) listed below which occur(s) at
the above violation address and legal description location and is (are) responsible for the
correction of said violation(s).
Findings of Facts:
1. The violation address and legal description location is zoned MIC according to the
most recent official zoning district map duly adopted by the City of Delray Beach and the
structure located on said property is utilized as commercial.
CEB 93-11874
Page 2
2. There is no sod and irrigation in the right-of-way.
3. Ground level air conditioning units and other mechanical equipment are not
screened.
4. There is no perimeter landscaping to screen vehicular parking adjacent to the
rights-of-way.
Guilty of Violating Land Development Regulations Chapter 4; Section
4.6.16(H)(4) which requires all multiple family units, duplexes and commercial and
industrial uses to comply with the minimum standards for landscaping as follows:
· Providing for perimeter landscaping adjacent to public rights-of-way to screen
vehicular parking to the extent physically possible and deemed feasible by the
Site Plan Review and Appearance Board or the Historic Preservation Board
where applicable.
· Providing sod and irrigation within the unpaved portion of the right-of-way
between the property line and the edge of pavement of the adjacent right-of-
way.
· Providing screening for all ground level air conditioning units and other.
mechanical equipment.
It is hereby ordered and adjudged by the Code Enforcement Board that the respondent(s) correct
the aforementioned violation(s) no later than 60 days from the date this Code Enforcement
Board Order is signed, as indicated below.
If the required correction(s) is not made within the above time period, a fine of $25 per dl®m
shall be assessed until the final compliance date.
A hearing'is not necessary for issuance of an order imposing a fine for a prior finding of violation
contained in an order which has not been complied with.
CEB 93-11874
Page 3 ?
There shall be a presumption of noncompliance unless the respondent(s) notifies the
Clerk of the Code Enforcement Board of compliance on or before the mandated
compliance date.
Certified Receipt Number
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MJ~AGER
SUBJECT: AGENDA ITEM #/0. ~.- REGULAR MEETING OF OCTOBER 7, 1997
LDRAMENDMENTS RE: RM ZONING DISTRICT STANDARDS
(ORDINANCE NO. 41-97 / ORDINANCE NO. 42-97)
DATE: OCTOBER 2, 1997
Attached is documentation from the Planning Department concerning
proposed amendments to the Medium Density Residential (RM) zoning
district.
The Planning and Zoning Board formally considered these
amendments on September 15, 1997. The Board voted 6 to 0 to
recommend approval of the amendments which provide for
performance standards and increased requirements for recreational
amenities. By a 4 to 2 vote, the Board voted to recommend that
the amendments to the Development Standards Matrix which would
increase the minimum dwelling unit sizes be denied.
In view of the Planning and Zoning Board's recommendation, two
ordinances have been prepared for the Commission's consideration.
Ordinance No. 41-97 reflects only those amendments recommended
for approval by the P&Z Board. Ordinance No. 42-97 reflects the
amendments for both performance standards and increased
requirements for recreational amenities, as well as increased
minimum square footage requirements for dwelling units.
At first reading on September 23, 1997, the Commission passed
both ordinances by unanimous vote for the purpose of accepting
public comment at a public hearing prior to final consideration.
I recommend that the City Commission accept the Planning and
Zoning Board's recommendation to approve Ordinance No. 41-97 and
deny Ordinance No. 42-97 on second and final reading.
TO: DAVID T. HARDEN, CITY MANAGER ~'~ ~ ~'~ ~_ ..
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR ~
SUBJECT: CITY COMMISSION MEETING OF SEPTEMBER 23, 1997
LDR AMENDMENTS RE: RM ZONING DISTRICT STANDARDS
The action requested of the City Commission is approval of amendments to Land Development
Regulations (LDR) Section 4.4.6, Medium Density (RM) Zoning District; and consideration of
amendments to Section 4.3.4, Development Standards Matrix, regarding m~nimum unit sizes.
The RM zoning district currently provides for a density range of 6 to 12 dwelling units per acre.
The basis for determining the appropriate density is a finding that the development is
"harmonious with adjacent properties." The proposed amendment would provide performance
standards for evaluating whether or not a particular density is appropriate. The standards are
intended to result in a project design that will mitigate the impacts of the additional units.
The amendments also propose additional requirements for recreational facilities, and an
increase in the minimum square footage of 3- and 4-bedroom units. The attached Planning and
Zoning Board staff report provides a more detailed description and analysis of the changes.
The P & Z Board considered these amendments at its meeting of September 15, 1997. There
was no public testimony regarding the changes. The Board voted as follows:
· Approval (6-0) of amendments to the RM district, providing for performance standards and
increased requirements for recreational amenities.
·Denial (4-2) of amendments to the Development Standards Matrix which would increase
the minimum dwelling unit sizes.
By separate motion,
· Approve the amendments to LDR Section 4.6.6, RM Zoning District, as attached.
· Deny the amendment to LDR Section 4.3.4, regarding minimum unit sizes.
Attachments:
· P & Z Staff report of 9/15/97, including proposed amendments
MEETING OF: SEPTEMBER 15, 1997
AGENDA ITEM: V.F. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTIONS 4.4.6 MEDIUM DENSITY (RM) ZONING
DISTRICT; AND 4.3.4 DEVELOPMENT STANDARDS
MATRIX
Last year, as part of the preparation of the North Federal Highway Redevelopment
Plan, staff developed standards and regulations for a new zoning district, RH, High
Density Residential. The district established performance standards that would have to
be met if the project density were to exceed twelve units per acre. While the zoning
district was ultimately not passed, the City Commission directed that similar
performance standards be incorporated into the RM (Medium Density Residential)
zoning district regulations. Other comments have been made in the past regarding the
need to increase the requirements for recreational amenities, and the need to increase
minimum unit sizes.
The proposed amendment was initially discussed at the June 9, 1997 workshop
meeting of the Planning and Zoning Board. Modifications have been made in the
interim to better cladfy some of the standards. The proposed strike-through and
underlined version of the amendment is attached.
::::::::::::::::::::: : : :~ ?: :::::::::.:::.::'::~..! ~ ~ .~:':..'.' .," ~::!:.:::~.-%:~!.:~ .::..':.::.:::./:.>:~ ~ i~.-':~:i:~.?..:::.-.-.:-.::~:'.-'~i:-:'ii~:'~:-.%?:~:.::.:: ~ :!..?.. !!:':::'.:~::'¢..:';.::~.':'&'./...':.':':.::~!?...:.-.,.::::",.'::':. :!~ :~.-'..~.:::.'.<:,'..'..&::~:.:::.::.,'.:~:!:~.::::::.,'. :~¢-.': :.'.-."'~..'.'¢.:."!::~
The current development standards for the RM zoning district provide for a range in
densities from a minimum of six (6) units per acre to a maximum of twelve (12) units per
acre. In order to exceed the base density, a finding must be made by the approving
body (in most cases, the Site Plan Review and Appearance Board), that the resulting
development is harmonious with adjacent properties. This standard is vague and
somewhat arbitrary, and has at times created difficulties in its implementation.
The proposed amendment would create a set of performance standards that must be
met in order to increase density beyond the minimum. The standards are intended to
lessen the impact of the additional density by requiring measures to control traffic
speeds and volume, reduce the overall mass of the structures through better design,
and ensure compatibility with adjacent development through increased setbacks and
buffers. In addition, the standard for recreational amenities has been amended to
require that facilities be provided for children of all age ranges.
Planning and Zoning Board Staff Report
LDR Amendments - 4.4.6 (RM); 4.3.4 (Matrix)
Page 2
The standards will be applicable to all future projects developed under the RM zoning
standards, and to existing projects that are proposing to add new units. Smaller infill
type projects may be exempted from some of the standards, but will be made to comply
with those that are feasible to implement.
The performance standards provide for a more objective means of determining the
appropriate density for a project. It was suggested at the workshop that the density
suffix be eliminated in lieu of the standards, however, the board did not give definitive
direction regarding that proposal. Given the fact that there are already several projects
in town that were developed under a density suffix, it is probably appropriate to
maintain it as an option, but to discourage its application in the future.
Another issue that has been previously discussed involves the minimum square footage
requirements for dwelling units in the RM zoning district. In particular, there is some
sentiment that the minimum square footage of 1,350 for a four (4) bedroom unit is not
sufficient. At the June workshop, staff pointed out the following: Delray's minimums
exceed those of Boca Raton and Boynton Beach; that projects recently approved in
Delray Beach have exceeded the required minimums; and that none of the recent
projects have included 4-bedroom units. There is also a concern that increasing the
minimum square footages will likely cause some of the older multi-family developments
in the City to become nonconforming. It is impossible to determine the degree to which
that would occur without conducting an extensive study of condominium and rental
projects throughout the City.
If the Board feels strongly that the existing regulations are insufficient, it is suggested
that the existing minimums be increased only for 3 and 4-bedroom units. The current
minimums for efficiency, 1-bedroom, and 2-bedroom units are adequate to
accommodate the 1 and 2 person households which typically occupy them.
Efficiency 400 400
1 Bedroom 600 .600
2 Bedroom 900 900
3 Bedroom 1,150 1,250
4 Bedroom 1,350 1,500
Planning and Zoning Board Staff Report
LDR Amendments - 4,4.6 (RM); 4.3.4 (Matrix)
Page 3
1. Amendments to I. DR Section 4.4.6. Medium Density_ (RM) Zoning Distdct
(Performance Standards)
By motion, recommend to the City Commission approval of the amendments to LDR
Section 4.4.6, Medium Density (RM) Zoning District, based on a finding that the
proposed performance standards will provide more objective criteria for determining the
ultimate density of a particular development project, and will help to mitigate the
impacts of increased density.
2. Amendments to LDR Section 4.3.4. Development Standards Matdx - Residential
Zoning Districts (Minimum Unit Sizes)
Board discretion.
Attachments:
· Proposed Amendment to Section 4.4.6
· Proposed Amendment to Section 4.3.4(K)
s~reports/pzrmldr, doc
Planning and Zoning Board Staff Report
LDR Amendments - 4.4.6 (RM); 4.3.4.(Matrix)
Page 4
PROPOSED AMENDMENTS TO THE RM ZONING DISTRICT
Section 4.4.6 Medium Density_ Residential (RM) District:
(A) Purpose andlntent:The Medium Density Residential (RM) District
provides a residential zoning district with flexible densities have a base of six (6) units
per acre and a r-a,m3e-te maximum of twelve (12) units per acre. The actual density of a
particular RM development is based upon its abili~ to achieve certain ~
standards which are ~gate the impacts of the increased density and
ensure that the project is compatible with surrounding land uses._ Further, the Medium
Density Residential DiStrict provides for implementation of p;cv!s~cr, s cf Gc=! Aec3 "C"
~; }.~.C /-~ ..... kn.-~',;,,~ DI3.~' ,'~nA mn~C .... ;;f-,-~lh,nk;,,,,,;,,,, C ') those obiectives and
policies contained within the Housing Element of the Comprehensive Plan which calls
for accommodating a variety of housing types.
[Subsections B through G - no change]
(H) Special Re_aulations
(1) A minimum density of six units per acre is established for duplex
and multiple family housing projects within this district. Density may exceed the base
density of six (6) units per acre only upcn= '~'-~--'~""*:'--' k,, ,k~, k,.,,, ~.,~,,,, final
,,";* ........ after the aDorovino body makes a findino that the Project has
substantially complied with performance standards as listed in 4.4.8(I). In no evont shall
a develooment's total density, exceed 12 units per acre. The density for a specific RM
development may be ~a~d~q~l.-~rther limitod by a numerical suffix affixed to the
designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than allowed by the suffix, it is necessary to rezone
the property.
(2) Notwithstanding the above, a duplex may be situated upon a
platted lot pursuant to Section 4.3.4(I)(3)(b).
Planning and Zoning Board Staff Report
LDR Amendments - 4.4.6 (RM); 4.3.4 (Matrix)
Page 5
,,,~,,~,,...,.,.,., .............. /r~== A-~ ,~ Recreational areas shall be required for
all new rental apartment developments, and of owner occupied developments which
have homeowner associations that must care for retention areas, pdvate streets, or
common areas. New developments must include recreational features that are
designed to accommodate activities for children and youth of all age ranges. Tot lots
are appropriate for toddlers: features such as a basketball court, volleyball court, and
open playfields are appropriate for older children. A pool and clubhouse, unless
specifically designed for children, is not considered to meet this reo. uirement. Pro_iects
having fewer than twenty-five (.25) units may be exempted from this standard where it is
determined by the approving body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed the height of
the associated principal structure. Screen enclosures without a solid roof are excluded
from this limit.
(5) The floor area of an accessory structure shall not exceed 40% of
the floor area of the principal structure.
(I) Performance Standards:
1. These standards shall apply to all site plans approved subseo, uent to (date of
adoption of the ordinance): and for modifications to existing developments which
involve the creation of additional residential upits.
In order to increase a pro!ect density_ beyond six (six) units per acre. the approving body
must make a finding that the development substantially complies with the performance
standards listed in this section. The intent of the standards is to mitigate the impacts of
the additional density_ both internal and external to the site. The extent to which ~
pro_iect meets the standards will determine the number of units per acre that will b~-
permitted. For example, if a pro_iect meets or exceeds all of the standards, and is
otherwise consistent with applicable standards and policies of the City's
Comprehensive Plan and Land Development Regulations. the maximum density, is
permitted. Projects which only partially achieve these standards will be permitted ~
correspondingly lower density_. The performance standards are as follows;
a) The traffic circulation system is designed to control speed and reduce volumes on
the intedor and exterior street network. This can be accomplished through the
of traffic calming devices: street networks consisting of loops and short segments:.
multiple entrances and exits into the development: and similar measures that am
intended to minimize through traffic and keep s.Deeds within the development at or
below 20 m.p.h,
Planning and Zoning Board Staff Report
LDR Amendments - 4.4.6 (RM); 4.3.4 (Matrix)
Page 6
b..)_ Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
Where immediately adiacent to residential zoning districts having a lower density_.
building setbacks and landscape materials along those adjacent property_ lines are
increased beyond the required minimums in order to provide a meaningful buffer to
those lower density, areas. Building setbacks are increased by at least 25% of the
reauired minimum: at least one tree per 30 linear feet (or fraction thereof), is
provided: trees exceed the ree. uired height at time of planting by 25% or more: and a
hedge, wall, or fence is provided as a visual buffer between the properties.
.d_)_ The development offers a vaded streetscape and building design. For example.
setbacks are staggered and Offset. with varying roof heights (for multi-family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity_ in window and door
shapes and locations; features such as balconies, arches, porches, courtyards: and
design elements such as shutters, window mullions, o. uoins, decorative tiles, etc.
_e_)_ A number of different unit types, sizes, and floor plans are available within the
development, in order to accommodate households of vadous ages and sizes.
Multi-family housing will at a minimum have a mix of one. two. and three bedroom
units, with varying floor .plans. Single family housing (attached and detached) will at
a minimvm offer a mix of three and four bedroom units, with varying floor I~lans.
The development is designed to preserve and enhance existing l~atural areas and/or
water bodies. Where no such areas exist, new areas which provide Ol;)en sDa(:e
and native habitat are created and incomorated into the project.
The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
2. It is acknowledged that some of the above referenced standards may not be
entirely a.o.olicable to small, infill type residential .oro_iects. For those types of pro_iects,
the ultimate density_ should be based upon the attainment of those standards which are
applicable, as well as the development's ability_ to meet or exceed other minimum code
3. For vacant property_ that is proposed for rezoning to RM with a density suffix, the
approving body must make a finding that the .proposed density_ is appropriate based
upon the future land use map designations of surrounding property, as well as the
prevailing development pattem of the surroundir~g area,
Planning and Zoning Board Staff Report
LDR Amendments - 4.4.6 (RM); 4.3.4 (Matrix)
Page 7
PROPOSED AMENDMENTS TO MINIMUM UNIT SIZES (LDR Section 4.3.4)
(K) Development Standards Matrix
DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS
(1) Minimum Floor Area for Duplexes and Multifamily Dwelling Units
Duplexes 1,000 sq. ft. *
Efficiency 400 sq. ft.
One Bedroom 600 sq. ft.
Two Bedroom 900 sq. ft.
Three Bedroom !,!50 1.250 sq. ft.
Four Bedroom ! ,350 1.500 sq. ft.
* Reoresents absolute minimum size. Must also com.Dly with minimums for
corres.oonding number of bedrooms.
PROGRESSIVE RESIDENTS OF DELRAY
POST OFFICE BOX 1301
DELRAY BEACH, FL. 3344"/
HOT LINE 561-266-9400
FAX: 561-49g-g909
July I7, i997
ivir. 'William Schwartz, Chairman & Planning Board Members
Planning & Zoning Board
City Hali, i00 NW, i st Ave,
Dekay Beach, Fi. 33445
Dear h/ir. Schwarzz,
i am writing you as President of Progressive Residents of Deiray, to give you our
suggestions for the proposed changes in the Medium Density Residential zoning district.
We are very happy to see that recreation facilities for children of ali ages have now been
included, it is very gratifying to see that the whole ordinance has been clarified as to the
density allowed and the necessary steps that are required to increase it.
We are however, concerned that the minimum size of the units has not been changed in
any way. At the planning work shop the reason given was that we needed to allow for
affordable housing, it has always been our contention that Dekay needs a balance in the
various types of housing.
Recently i received aa extensive report from the county planning staff on Transfer of
Development Rights. Their Government information Services map showing the areas of
the county in terms of balance of housing shows Deiray as having an some balance but
with a higher incidence of iow and very iow owner occupied households. Our
comprehensive plan dearly states that we are in need of more middle class owner
occupied housing and that we need more family oriented housing to achieve a balance in
our schools. In order to keep enough units that not only pay for themselves but also pay
enough to make up for those that do not we must be sure that other than infili, we build
more units that will increase our tax base.
When we build apartments v,4th such ve,D' Iow minimum square footage for three and four
bedroom units we are in fact building more apartments for empty nesters because they will
not be satisfactory for families. Staff claims that it doesn't matter because "no one builds
to those minimums". We cannot understand why if these numbers are so unrealistic why . .-~'.
they should not be changed. Anything that is built to these dimensions will certainly not be "
upscale. ~e~~
if we are to encourage rental units of any kind, we should try to insure that they .
upscale, because as the older units become less attractive they will reduce the q, ~%'~ ,'
need more upscaie housing in any new construction unless it is to replace clearly biighted
units in the CRA area and even in that area also we should be encouraging a mix of
housing. We urge you to consider increasing the minimum size of the three and four
bedroom units.
Sincereiy, ~_.~ ~
jean Beer, Pres.
FAILED ON 2ND/FINAL READING - 10/7/97
ORDINANCE NO. 41-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4 . 6 (A) , "PURPOSE
AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE
DISTRICT; AMENDING SUBSECTION 4.4.6 (H) , "SPECIAL
REGULATIONS" TO PROVIDE FOR COMPLIANCE WITH
PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE
DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR
RECREATIONAL AMENITIES; ENACTING SUBSECTION
4.4.6(I), "PERFORMANCE STANDARDS", TO PROVIDE FOR
SAID STANDARDS; 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 amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; 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 changes are consistent with and further 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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6 (A) , "Purpose and
Intent", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.6 Medium Density Residential (PM) District:
(A) Purpose and Intent: The Medium Density Residential (RM)
District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a ~/~
maximum of twelve (12) units per acre. The actual density of a
particular RM development is based upon its ability to achieve
certain Derformance standards which are intended to mitiqate the
impacts of the increased density and ensure that the project is
compatible with surroundinq land uses. Further, the Medium Density
FAILED ON 2ND/FINAL READING - 10/7/97
Residential District provides for implementation of
I¢t those objectives and policies contained within the
Housinq Element of the Comprehensive Plan which call~ for
accommodating a variety of housing types.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6 (H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
(1) A minimum density of six units per acre is established
for duplex and multiple family housing projects within this district.
Density may exceed the base of six (6) units per acre only ~/~
I1¢
~ /~¢~ /~¢ /~ /Cf /~~ /X~ /~a~ /~ /~¢~1 after the
approvinq body makes a findinq that the project has substantially
complied with performance standards as listed in 4.4.6(I). In no
event shall a development's total density exceed 12 units per acre.
The density for a specific RM development may be ~%~ further
limited by a numerical suffix affixed to the designation and shown on
the zoning map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than ~/~4/~/~/~/~~/
allowed by the suffix, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated
upon a platted lot pursuant to Section 4.3.4(I)(3)(b).
(3)
~/~/ Recreational areas shall be required for all new rental
apartment developments, and of owner occupied developments which have
homeowner associations that must care for retention areas, private
streets, or common areas. New developments must include recreational
features that are desiqned to accommodate activities for children and
youth of all aqe ranqes. Tot lots are appropriate for toddlers;
volleyball court,
features such as a basketball court, and open
playfields are appropriate for older children. A pool and clubhouse,
unless specifically desiqned for children, is not considered to meet
- -
FAILED ON 2ND/FINAL READING - 10/7/97
this requirement. Projects havinq fewer than twenty-five (25) units
may be exempted from this standard where it is determined by the
approvinq body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed
the height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
(5) The floor area of an accessory structure shall not
exceed 40% of the floor area of the principal structure.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
by enacting a new Subsection 4.4.6(I), "Performance Standards", to
read as follows:
(I) Performance Standards:
(1) These standards shall apply to all site plans approved
subsequent to October 7, 1997, and for modifications to existinq
developments which involve the creation of additional residential
units.
In order to increase a project density beyond six (6)
units per acre, the approvinq body must make a findinq that the
development substantially complies with the performance standards
listed in this section. The intent of the standards is to mitiqate
the impacts of the additional density both internal and external to
the site. The extent to which a project meets the standards will
determine the number of units per acre that will be permitted. For
example, if a project meets or exceeds all of the standards, and is
otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Requlations, the
maximum density is permitted. Projects which only partially achieve
these standards will be permitted a correspondinqly lower density.
The performance standards are as follows:
(a) The traffic circulation system is desiqned to
control speed and reduce volumes on the interior and exterior street
network. This can be accomplished throuqh the use of traffic calminq
devices; street networks consistinq of loops and short seqments;
multiple entrances and exits into the development; and similar
measures that are intended to minimize throuqh traffic and keep
speeds within the development at or below 20 m.p.h.
- 3 - Ord. No. 41-97
FAILED ON 2ND/FINAL READING - 10/7/97
(b) Buildings are placed throughout the development
in a manner that reduces the overall massing, and provides a feeling
of open space.
(c) Where immediately adjacent to residential zoninq
districts having a lower density, building setbacks and landscape
materials along those adjacent property lines are increased beyond
the required minimums in order to provide a meaningful buffer to
those lower density areas. Building setbacks are increased by at
least 25% of the required minimum; at least one tree per 30 linear
feet (or fraction thereof) is provided; trees exceed the required
height at time of planting by 25% or more; and a hedge, wall or fence
is provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and
building design. For example, setbacks are staqgered and offset,
with varying roof heights (for multi-family buildings, the planes of
the facades are offset to add interest and distinguish individual
units). Buildinq elevations incorporate diversity in window and door
shades and locations; features such as balconies, arches, porches,
courtyards; and design elements such as shutters, window mullions,
~uoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor
plans are available within the development in order to accommodate
households of various ages and sizes. Multi-family housing will at a
minimum have a mix of one, two and three bedroom units with varying
floor plans. Single family housing (attached and detached) will at a
minimum offer a mix of three and four bedroom units with varying
floor plans.
(f) The development is desiqned to preserve and
enhance existing natural areas and/or water bodies. Where no such
areas exist, new areas which provide open space and native habitat
are created and incorporated into the pro~ect.
(q) The project provides a convenient and extensive
bicycle/pedestrian network, and access to available transit.
(2) It is acknowledged that some of the above referenced
standards may not be entirely applicable to small, infill type
residential projects. For those types of projects, the ultimate
density should be based upon the attainment of those standards which
are applicable, as well as the development's ability to meet or
exceed other minimum code requirements
- 4 - Ord. No. 41-97
FAILED ON 2ND/FINAL READING - 10/7/97
FAILED ON 2ND/FINAL READING - 10/7/97
(3) For vacant property that is proposed for rezoninq to
RM with a density suffix, the approvinq body must make a findinq that
the proposed density is appropriate based upon the future land use
map desiqnations of surroundinq property as well as the prevailing
development pattern of the surroundinq area.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading September 23, 1997
Second Reading FAILED 10/7/97
- 5 - Ord. No. 41-97
FAILED ON 2ND/FINAL READING - 10/7/97
ORDINANCE NO. 42-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SUBSECTION 4.4 . 6 (A) , "PURPOSE
AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE
DISTRICT; AMENDING SUBSECTION 4.4.6 (H) , "SPECIAL
REGULATIONS", TO PROVIDE FOR COMPLIANCE WITH
PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE
DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR
RECREATIONAL AMENITIES; ENACTING SUBSECTION
4.4.6(I), "PERFORMANCE STANDARDS", TO PROVIDE FOR
SAID STANDARDS; AMENDING SECTION 4.3.4, "BASE
DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE
INCREASED MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR
DWELLING UNITS IN THE RM ZONING 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 amendments at a public
hearing on September 15, 1997, and forwarded a portion of the changes
with a recommendation of approval; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board also forwarded a portion of the proposed amendments with
a recommendation of denial; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the text amendments are not inconsistent with and further
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 Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(A), "Purpose and
Intent", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.6 Medium Density Residential (PM) District:
(A) Purpose and Intent: The Medium Density Residential (RM)
District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a ~/~
maximum of twelve (12) units per acre. The actual density of a
particular RM development is based, uDon its ability to achieve
certain performance standards which are intended to mitigate the
impacts of the increased density and ensure that the project is
compatible with surroundinq land uses. Further, the Medium Density
Residential District provides for implementation of ~~ /~f
I¢t those objectives and policies contained within the
Housinq Element of the Comprehensive Plan which call~ for
accommodating a variety of housing types.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
(1) A minimum density of six units per acre is established
for duplex and multiple family housing projects within this district.
Density may exceed the base of six (6) units per acre only ~/~
approving body makes a finding that the project has substantially
complied with performance standards as listed in 4.4.6(I). In no
event shall a development's total density exceed 12 units per acre.
The density for a specific RM development may be ~I~ further
limited by a numerical suffix affixed to the designation and shown on
the zoning map (i.e. RM-8 limits the density to eight units per
acre). To seek a density greater than ~/~/~/~/~/~~/
allowed by the suffix, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated
upon a platted lot pursuant to Section 4.3.4(I) (3) (b).
~/~/ Recreational areas shall be required for all new rental
apartment developments, and of owner occupied developments which have
homeowner associations that must care for retention areas, private
streets, or common areas. New developments must include recreational
features that are designed to accommodate activities for children and
youth of all age ranges. Tot lots are appropriate for toddlers;
- 2 - Ord. No. 42-97
features such as a basketball court, volleyball court, and open
playfields are appropriate for older children. A pool and clubhouse,
u~]ess specifically designed for children, is not considered to meet
this requirement. Proiects having fewer than twenty-five (25) units
may be exempted from this standard where it is determined by the
approving body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed
the height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
(5) The floor area of an accessory structure shall not
exceed 40% of the floor area of the principal structure.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.. ,4 6 "Medium Density
Residential (RM) District", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
by enacting a new Subsection 4.4.6(I), "Performance Standards", to
read as follows:
(I) Performance Standards:
(!) These standards shall apply to all site plans approved
subsequent to October 7, 1997, and for modifications to existing
developments which involve the creation of additional residential
units.
In order to increase a project density beyond six (6)
units per acre, the approving body must make a finding that the
development substantially complies with the performance standards
listed in this section. The intent of the standards is to mitigate
the impacts of the additional density both internal and external to
the site. The extent to which a project meets the standards will
determine the number of units per acre that will be permitted. For
example, if a project meets or exceeds all of the standards, and is
otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the
maximum density is permitted. Projects which only partially achieve
these standards will be permitted a correspondingly lower density.
The performance standards are as follows:
- 3 - Ord. No. 42-97
(a) The traffic circulation system is desiqned to
control speed and reduce volumes on the interior and exterior street
network. This can be accomplished throuqh the use of traffic calminq
devices; street networks consistinq of loops and short seqments;
multiple entrances and exits into the development; and similar
measures that are intended to minimize throuqh traffic and keep
speeds within the development at or below 20 m.p.h.
(b) Buildinqs are placed throuqhout the development
in a manner that reduces the overall massinq, and provides a feelinq
of open space.
(c) Where immediately adjacent to residential zoninq
districts havinq a lower density, buildinq setbacks and landscape
materials along those adjacent property lines are increased beyond
the required minimums in order to provide a meaninqful buffer to
those lower density areas. Buildinq setbacks are increased by at
least 25% of the required minimum; at least one tree per 30 linear
feet (or fraction thereof) is provided; trees exceed the required
heiqht at time of plantinq by 25% or more; and a hedqe, wall or fence
is provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and
buildinq desiqn. For example, setbacks are staqqered and offset,
with var¥inq roof heiqhts (for multi-family buildinqs, the planes of
the facades are offset to add interest and distinquish individual
units). Buildinq elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches, porches,
courtyards; and desiqn elements such as shutters, window mullions,
quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor
plans are available within the development in order to accommodate
households of various aqes and sizes. Multi-family housinq will at a
minimum have a mix of one, two and three bedroom units with varyinq
floor plans. Sinqle family housinq (attached and detached) will at a
minimum offer a mix of three and four bedroom units with varyinq
floor plans.
(f) The development is designed to preserve and
enhance existinq natural areas and/or water bodies. Where no such
areas exist, new areas which provide open space and native habitat
are created and incorporated into the project.
(q) The project provides a convenient and extensive
bicycle/pedestrian network, and access to available transit.
- 4 - Ord. No. 42-97
(2) It is acknowledqed that some of the above referenced
standards may not be entirely applicable to small, infill type
residential projects. For those types of projects, the ultimate
density should be based upon the attainment of those standards which
are applicable, as well as the development's ability to meet or
exceed other minimum code requirements.
(3) For vacant property that is proposed for rezoninq to
RM with a density suffix, the approvinq body must make a findinq that
the proposed density is appropriate based upon the future land use
map desiqnations of surroundinq property as well as the prevailinq
development pattern of the surroundinq area.
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS
(1) Minimum Floor Area for Duplexes and Multifamily Dwelling
Units
Duplexes 1,000 sq.ft.~
Efficiency 400 sq.ft.
One Bedroom 600 sqoft.
Two Bedroom 900 Sqoft.
Three Bedroom ~/~ 1,250 sq.ft.
Four Bedroom ~/~ 1,500 sq.ft.
*Represents absolute minimum size. Must also comply with
minimums for correspondinq number of bedrooms.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 5 - Ord. No. 42-97
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of October , 1997.
ATTEST:
City Cgerk
First Reading September 23, 1997
Second Reading October 7, 1997
- 6 - Ord. No. 42-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITYMANAGER
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF OCTOBER 7, 1997
ORDINANCE NO. 43-97 (RECOMMENDATIONS CONCERNING THE
REGULATION OF LARGE HOMES)
DATE: OCTOBER 3, 1997
Attached is documentation from the Planning Department concerning
proposed amendments to the Land Development Regulations which
relate to the large home compatibility issue as discussed by the
Large Home Task Team. It outlines the consideration and
subsequent recommendation of the Planning and Zoning Board as well
as a proposal from the Planning Department staff.
I disagree with the Planning and Zoning Department staff on the
proposal that the additional five foot (5') setback for homes over
one story tall should only apply when the Floor Area Ratio exceeds
0.35. The detrimental impact which we are seeking to regulate is
the impact of a two or three story structure five feet closer to
the property line. The impact is caused by (1) the height of the
structure and (2) the length of the structure adjacent to the
property line. The length of the structure is not necessarily
related to the Floor Area Ratio. Therefore, this proposal should
not be adopted.
I also have some concern about not increasing the setback for two
and three story structures in R-IA and R-1A-B zones. Most of the
lots in these zones are narrower, but you might want to consider
increasing the side setback from 7-1/2 feet to 10 feet for those
zones.
Ordinance No. 43-97 is before the Commission for consideration on
first reading in draft form. Please note that two Exhibits "A"
and "B" are attached to the ordinance. One reflects the Large
Home Task Team/Planning and Zoning Board recommendation while the
other reflects the Planning Department staff proposal.
City Commission consideration and direction is requested.
re f: agmemo 11 ~ - 0
TO: DAVID T. HARDEN
t~l'~ MANAGER
THRU: TOR
DEPARTMENT OF PLANI~ING AND ZONING
FROM: PAUL DO~INCIPAL PLANNER
SUBJECT: LDR AMENDMENTS TO SECTIONS 4.3.4(J)(1) HEIGHT, AND
SECTION 4.3.4 (K) DEVELOPMENT MATRIX, AND "APPENDIX
A" RELATING TO THE LARGE HOME TASK TEAM
RECOMMENDATIONS
The action before the Commission is approval of LDR changes relating to the
large home compatibility issue as discussed by the Large Home Task Team.
The proposed amendments include LDR Sections 4.3.4 (J)(1) Height, Section
4.3.4 (K) Development Standards Matrix and Appendix "A", Definitions.
The Large Home Task Team concluded its deliberations on April 9, 1997. The
team's recommendations included: the implementation of a maximum .40 FAR
(Floor Area Ratio) for all single family zone districts; a maximum height of 35' to
be measured to the highest part of the roof versus the mean (except for
chimneys and cupolas); and that properties on the east side AIA be exempted
from the regulations. These recommendations were presented to the City
Commission on May 13, 1997 and the City Commission directed staff to prepare
the attached LDR amendments.
In the weeks preceding the Task Team's recommendation the City Commission
received comments that the recommendation had not gone far enough in
addressing the compatibility concerns. To that end staff formulated additional
options for the Planning and Zoning Board and the City Commission to consider.
The Task Team recommendations can be implemented by changing the
definition of height in Section 4.3.4.(J)(1) as it applies to single family homes
west of AIA, by adding a FAR (Floor Area Ratio) of .40 to the matdx contained
in Section 4.3.4 under all single family zone districts, and by amending the
definition section to provide a definition of Floor Area Ratio. An asterisk is to
be placed next to the .40 referencing a notation that the FAR does not apply to
single family homes east of AIA.
The two additional options that staff presented to the Planning and Zoning Board
included further clarification of the definition of FAR (i.e. double counting of floor
area for rooms with ceilings over 15' in height), and provision of an increased
setback for homes having two or more stories.
The definition of Floor Area Ratio supported by the Task Team is "the ratio of
the gross floor area of all structures on a lot to the lot area". However, this
definition does not differentiate between floor areas which may have a ceiling
height of 12' versus 24' or 30'. Clearly in the latter the impact of the height and
mass of the room is equal to two or more floors yet would be counted as a
single floor under this definition. Surrounding communities have addressed this
concern by modifying the definition of floor area ratio to require areas with
ceilings that are 15' or higher to be counted as double the square footage. To
accommodate limited vaulted entries and atrium spaces an exemption of the
first 200 square feet is recommended. Additional language to the definition
section of the LDR's addressing the issue is attached.
Another alternative regulation presented to the Planning and Zoning Board was
to require an additional 5' setback for the second and third floors of multi-storied
homes. This would promote the stepping back of the structures, mitigating the
impacts on the adjoining properties by concentrating the mass of the house to
the center of the lot. This recommendation requires modification of the
Development Standards Matrix (Section 4.3.4) as it relates to side interior
setbacks.
There has been considerable discussion among Planning and Zoning Board
members and within the community regarding the position of the Task Team to
exclude the property along the oceanfront from the proposed regulations, since
many of the largest homes in the City are located on these lots. However, the
Task Team's basis for exclusion relates to the platted and unplatted
characteristics of each neighborhood. When purchasing in platted subdivisions
(Seagate, Tropic Isles etc.) residents have certain expectations of the character
of the neighborhood. The unplatted oceanfront properties are bordered on one
side by the ocean, and the other by a collector street (A1A), and are not in a true
"neighborhood". Further, as the oceanfront contains predominantly larger
homes this would appear to be a location where large home construction is
compatible with adjacent properties.
The Planning and Zoning Department considered the request at a public
hearing on August 18, 1997 meeting. There was significant public testimony
which ranged from support of the Task Team recommendations to testimony that
the proposed regulations were too restrictive, or were not restrictive enough.
After a lengthy discussion the Board recommended continuing the item and
requested additional information with respect to the current regulations, the
means by which other cities have addressed the issue, and the analysis of the
proposed floor area ratios on existing and proposed development.
The additional information was provided to the Board who again considered the
LDR amendments at their September 15, 1997 meeting. After reviewing and
discussing the supplementary information the Board recommended on a 4-2 vote
(Carolyn Young and Robin Bird dissenting) the following LDR changes:
· The implementation of a maximum .40 FAR (Floor Area Ratio) for all single
family zone districts;
· A maximum height of 35' to be measured to the highest part of the roof
versus the mean (except for chimneys and cupolas);
· The adoption of the Task Team's recommended definition of floor area;
· That an additional 5' setback be required for second and third floors in the R-
1AAA, R1AAAB, R-1AAB and R-1AA single family zoning districts, and;
· That the above new regulations not apply to properties on the east side of
A1A.
The Planning and Zoning Board recommendation differs from the staff
recommendation as the Board chose not to recommend modifying the floor area
ratio definition to require areas which are 15' or higher to be counted as double
square footage. The recommendation differs from the Task Team's in that the
Board chose to implement an additional 5' setback for the second and third
floors of homes located in the R-1AAA, R-1AAAB, R-1AA and R-1AAB zone
districts. The additional setback would not apply to properties zoned R-lA.
In reviewing the Board's recommendation for additional setbacks a concern is
noted. The additional setback as recommended would apply to all second and
third floors regardless of the size of the house. This may unnecessarily
penalize a home owner who may be contemplating a moderately sized home.
To alleviate this concern it may be appropriate to require the additional setback
only for those homes for which the mass is a compatibility concern i.e. homes
which approach the maximum FAR. This could be accomplished by requiring the
additional setback only on homes having an FAR between .35 and the .40
maximum.
1. Continue with direction.
2. Adopt the regulations as recommended by the Large Home Task Team which
includes the establishment of a .40 FAR, modification of the definition of
height (35' to the highest point of the roof), the addition of a definition for
Floor Area Ratio (FAR) and gross floor area and the exempting of properties
east of A1A from all of the above regulation changes.
3. Adopt the attached ordinance as recommended by the Planning and Zoning
Board which includes the establishment of a .40 FAR, modification of the
definition of height (35' to the highest point of the roof), the addition of a
definition for Floor Area Ratio (FAR) and gross floor area, an additional 5'
setback for the second and third floors of homes located in the R-1AAA, R-
1AAAB, R-1AA and R-1AAB zone districts, and the exempting of properties
east of A1A from all of the above regulation changes.
4. Adopt an altemative combination of regulations which would include some or
all of the recommendations of the Planning and Zoning Board along with the
one or more of the following;
· Apply the additional 5' setback in the R-1AAA, R-1AAAB, R-1AA and R-
1AAB zone districts for second and third floors only to homes having a .35
or greater FAR;
· Adoption of the FAR definition to require areas which are 15' or higher to
be counted as double square footage.
By motion, adopt the Planning and Zoning Board recommendation for LDR
amendments to Section 4.3.4 (J)(1) Height Section 4.3.4 (K) Development
Standards matrix and "Appendix A" definitions to accommodate the following;
· The establishment of a .40 FAR for all single family zone districts;
· Modification of the definition of height to 35' to the highest point of the roof
( excluding chimneys and cupolas);
· The addition of a definition for Floor Area Ratio (FAR) and gross floor area;
· Adoption of an additional 5' setback for second and third floors in the R-
1AAA, R1AAAB, R-1AAB, and R-1AA and;
· Exempting the properties east of A1A from all of the above regulation
changes.
And consideration of the following;
· Apply the additional 5' setback in the R-1AAA, R-1AAAB, R-1AA and R-
1AAB zone districts for second and third floors only to homes having a
.35 or greater FAR;
· Adoption of the FAR definition to require areas which are 15' or higher to
be counted as double square footage.
Attachments:
Changes to Section 4.3.4 (J)(1) Height
Matrix including .40 FAR, second floor setbacks
Matrix including .40 FAR, second floor setbacks for homes over .35 FAR
Definition for FAR, Gross Floor Area
Definition for FAR (with areas over 15' in height counted as double), Gross Floor Area
(J) Height:
(1) Defined: The vertical distance from grade to the highest finished
roof surface of a fiat roof or to the mean level between eaves and ridge for gable, hip,
or gambrel roofs. For ell single family homes west of AIA height shall be defined as the
vertical distance from grade to the highest finished roof surface of a fiat roof or the
highest point of the roof of a gable, hip. or gambrel roof. The height set forth in the
matrix is the maximum height for all structures within the respective zone district except
as prbvided for in SubsectiOn 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established
from the mean elevation of the crown of the street along the
lot frontage.
(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the
crown of the adjoining streets.
(c) When applied to single family detached dwelling units, less
than three stories, within residentially zoned districts, the
grade is established as the mean elevation of the finished
surface of the ground adjacent to the exterior walls of the
building. Under no circumstance shall the grade be higher
in elevation than the highest point of the unaltered dune or
the crown of the street. [Amd. Ord. 43-91 6111191]
FAILED ON FIRST READING - 10/7/97
ORDINANCE NO. 43-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J)(1), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY HOMES WEST OF A1A; AMENDING SECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL
SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK
REQUIREMENT FOR SECOND AND THIRD FLOORS IN THE
R-iAAA, R-iAAA-B, R-1AA-B AND R-1AA ZONE DISTRICTS,
AND EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD
A1A FROM THESE CHANGES; AMENDING APPENDIX "A",
"DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA
(GROSS)" AND FOR "FLOOR AREA RATIO (FAR)";
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 amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zonin9 Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(J) Height:
(1) Defined: The vertical distance from grade to the
highest finished roof surface of a flat roof or to the mean level
between eaves and ridge for gable, hip, or gambrel roofs. For all
sinqle family homes west of A1A, heiqht shall be defined as the
vertical distance from qrade to the hiqhest finished roof surface of
a flat roof or the hiqhest point of the roof of a qable, hiD, or
qambrel roof. The height set forth in the matrix is the maximum
height for all structures within the respective zone district except
as provided for in Subsection 4.3.4(J) (3)&(4).
FAILED ON FIRST READING - 10/7/97
FAILED ON FIRST READING - 10/7/97
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as set forth at Exhibit "A" attached hereto and made
a part hereof.
Section 3. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as set forth at Exhibit "B"
attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST .-
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 43-97
FAILED ON FIRST READING - 10/7/97