09-04-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, September 4, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 1.
PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City
Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The
Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries
on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are
specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting,
you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium
to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and
address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority
vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is
based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and
services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith
at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR
MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. August 7, 2012 – Regular Meeting 6. PROCLAMATIONS:
A. NONE 7. PRESENTATIONS: A. RESOLUTION NO. 40-12: Approve Resolution No. 40-12 recognizing and commending Patti L. Goodson for 30 years of dedicated service to the City of Delray Beach.
B. RESOLUTION NO. 41-12: Approve Resolution No. 41-12 recognizing and commending John Bullard for 30 years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager
Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater
Treatment and Disposal Board at their Quarterly Meeting of August 16, 2012.
B. AMENDMENT NO. 5 /QUALITY TRANSPORT SERVICES, INC.: Approve Amendment No. 5 with Quality Transport Services, Inc. for the continued provision of shuttle service for the Downtown Roundabout.
Funding of services is provided through various grants from the Community Redevelopment Agency (CRA) and Florida Department of Transportation (FDOT). C. ANNUAL PROJECT HOLIDAY/YOU ARE
NOT ALONE SUPPORT: Approve a request for city support and assistance for the 7th Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed
services personnel. D. GENERAL EMPLOYEES PENSION PLAN INVESTMENT POLICY GUIDELINES: Approve changes to the General Employees Pension Plan Investment Policy Guidelines. E. FY 2013 GOLF
RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. F. FY 2013 TENNIS RATES/TENNIS FACILITIES: Approve the proposed
maximum rates for the Tennis Facilities. G. FY 2013 GOLF RATES/LAKEVIEW GOLF COURSE:Approve the proposed maximum rates for the Lakeview Golf Course. H. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER
BASSETT SERVICES (GBS):Approve an Extension of the Consulting Agreement with Gallagher Bassett Services, Inc. (GBS) in the amount of $120,400.00 for employee benefits management consulting
services. Funding is available from 551-1575-591-45.20 (Insurance Fund: Insurance/Claims Handling Costs). I. RENEWAL OF INSURANCE POLICY/FLORIDA MUNICIPAL INSURANCE TRUST (FMIT): Approve
renewal of our insurance policy and payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount of $1,568,373.00 for liability insurance, property damage insurance
and workers’ compensation insurance. Funding is available from 551-1575-591-45.11 (Insurance Fund: Insurance/General Liability Premium). J. SPECIAL EVENT REQUEST/51ST ANNUAL DELRAY AFFAIR:
Approve a special event request from the Chamber of Commerce to endorse the 51st Annual Delray Affair to be held on April 5-7, 2013, to grant a temporary use permit per LDR’s Section
2.4.6(F) for use of City property and rights-of-way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Worthing Park and Old School Square Park, to
provide trash boxes and use of City generator, to provide staff support as outlined in the attached letter and permit, to allow all vendor permits to be assigned and approved by the
Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event, the event
producer to pay 100% of all City costs and to provide staff support as requested; contingent upon the conditions of approval listed in the staff report.
K. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and
supported by the Downtown Marketing Cooperative, to be held on September 22-23, 2012 from 7:00 a.m. to 7:00 p.m., with setup beginning September 21, 2012 at 5:00 p.m., to grant a waiver
to the City Code of Ordinances, Section 101.32, Section 101.32, “Assemblies”, to allow assembly on the beach; and to authorize staff support at an estimated cost of $735.00; contingent
upon receipt of a turtle permit fourteen (14) days prior to the event.. Per the current Special Event Policies and Procedures, the DBMC's will pay 35% of our costs, or an estimated $257.00.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2012 through August 31, 2012. M.
AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors for disaster debris removal. Funding is available from 433-3711-534-49-90 (Sanitation Fund: Other Current Charges). 2. Bid
award to Complete Property Services of South Florida, Inc., in the amount of $39,970.00 for landscape maintenance at Homewood & Linton Boulevard and three (3) medians on Military Trail.
Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair and Maintenance Services/Beautification Maintenance). 9. REGULAR AGENDA: A. WAIVER REQUEST/WEST CORNER
VENTURE, LLC: Consider approval of a waiver request for a waiver to Land Development Regulations (LDR) Section 4.6.16 (H)(3)(d), “New Multiple Family, Commercial, and Industrial Development”,
to allow a 1’ landscape buffer where 5’ is requiredfor 10th and 10th Center, located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. B. ADOPTION OF THE SOUTH FEDERAL
HIGHWAY REDEVELOPMENT PLAN: Consider adoption of the “South Federal Highway Redevelopment Plan”, whichcovers the commercial properties on both sides of South Federal Highway between
Linton Boulevard on the north and the city limits to the south. C. VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider a request from Prime Steakhouse to expand their valet parking
queue from 2 to 6 spaces for the property located at 110 East Atlantic Avenue. D. REQUEST/GREEN MARKET RELOCATION:Consider approval of a relocation of the Green Market to be held on
October 13, 2012 through May 11, 2013 from 9:00 a.m. to 2:00 p.m. to grant a temporary use permit per (LDR) Section 2.4.6(F) and closure of S.E. 4th Avenue to Old School Square Park;
and reduce the rental rate to $200.00 per day plus utilities costs.
E. SPECIAL EVENT REQUEST/14TH ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 14th Annual Garlic Festival to be held February 8-10, 2013, and grant a temporary
use permit per LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E.
1st Street and Old School Square Park and N.E. 2nd Avenue from the north side of the east/west alley north of Atlantic to a line at the south end of the Old School Square Garage, from
6:00 a.m., February 7 through 11:00 p.m., February 10, 2013 and use of the Old School Square Parking Garage, CRA parking lots in Block 60, City Hall north lot, City Attorney lot and
the County Parking Garage, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation, use of a City
generator, the event producer to pay 100% of all City costs, and waiver of the two (2) hour parking limit in the downtown area during the event, subject to the conditions listed in the
staff report. F. LETTERS OF INTENT/OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Provide direction regarding the Letters of Intent received for purchase of the Old School Square garage retail
space. G. 2012 BEACH RENOURISHMENT PROJECT: Provide direction on the upcoming Beach Renourishment Project. 1. CONTRACT AWARD TO GREAT LAKES DREDGE AND DOCK COMPANY:Approve a contract
award to Great Lakes Dredge and Dock Company in the amount of $8,820,110.00 for construction of the Beach Renourishment Project. Funding is reimbursable from Federal, State and County
funding sources. H. WOMEN’S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP TOURNAMENT:Provide direction concerning a bid to the Women’s Tennis Association (WTA) to be a host site/promoter for
the WTA Championship beginning 2014. I. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2013. Based
upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:Appoint one (1) At Large Representative to
the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). K. APPOINTMENTS
TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2014. Based upon the rotation system,
the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
10. PUBLIC HEARINGS: A. RESOLUTION NO. 44-12 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operations and maintenance
and for payment of principal and interest on bonded indebtedness for FY 2013. B. RESOLUTION NO. 45-12 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill
on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2013. C. RESOLUTION NO. 46-12 (TENTATIVE BUDGET ADOPTION FOR FY 2013):
A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2012 through September 30, 2013.
D. ORDINANCE NO. 27-12: Consider amending Chapter 99, “Noise Control”, of the Code of Ordinances of the City of Delray Beach by repealing Chapter 99 in its entirety, and enacting a new
Chapter 99, “Noise Control”, providing for the control of sound originating within the City of Delray Beach. E. ORDINANCE NO. 26-12: Consider an amendment to Chapter 37 “Delray Beach
Code Enforcement”, Section 37.45, “Supplemental Code Enforcement Procedures”, Subsection Q, “Civil Penalties”, of the Code of Ordinances of the City of Delray Beach, Florida, in order
to update the provisions pertaining to noise control. F. RESOLUTION NO. 43-12/CONTRACT FOR SALE AND PURCHASE/810 N.W. 21ST WAY: Consider approval of Resolution No. 43-12 and a contract
for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 810 N.W. 21st Way to Jarrod Levins for the purchase price of $145,000.00
or appraised value and provide subsidy up to $50,000.00 secured by promissory note and second mortgage. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING
PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 28-12: Consider an ordinance amending Chapter
35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.089, “Definitions”, to amend the definition of “Employee” to include
certain previously excluded positions. If passed, a public hearing will be held on September 20, 2012. B. ORDINANCE NO. 30-12: An ordinance amending Chapter 51, "Garbage and Trash",
of the City's Code of Ordinances by amending Section 51.70, “Regular
Charges Levied”, to provide for increased residential and commercial collection service rates for FY 2013. If passed, a public hearing will be held on September 20, 2012. 13. COMMENTS
AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
08/07/12 AUGUST 7, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, August 7, 2012. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta
E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -Doug Smith, Acting City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered
by Reverend Michael McClure with West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie requested
that Item 8.B., Sixth Amendment to the Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue related to the Atlantic Plaza Project of the Consent Agenda be moved
to the Regular Agenda as Item 9.B.1. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the
Workshop Meeting of June 28, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes;
Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
2 08/07/12 Mrs. Gray moved to approve the Minutes of the Workshop Meeting of July 10, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of
July 17, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes.
Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Special Meeting of July 20, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted
as follows: Mrs. Gray – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes
of the Workshop Meeting of July 31, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and commending Sergeant John Evans Mayor McDuffie read and presented a proclamation
hereby recognizing and commending Sergeant John Evans. Sergeant John Evans came forward to accept the proclamation and gave a few brief comments. 6.B. Recognizing and commending Tavarius
“TJ” Jackson Mayor McDuffie read and presented a proclamation hereby recognizing and commending Tavarius “TJ” Jackson. Tavarius “TJ” Jackson came forward to accept the proclamation and
gave a few brief comments. 6.C. Florida Water Professionals Week – August 13-17, 2012 Mayor McDuffie read and presented a proclamation to the City hereby proclaiming the week of August
13-17, 2012 as Florida Water Professionals Week.
3 08/07/12 7. PRESENTATIONS: 7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Jennifer Buce, S.P.I.R.I.T.
Co-Chair, stated the City of Delray Beach S.P.I.R.I.T. Program recognizes employees for their exemplary actions in the following cities beliefs by providing exceptional service through
performance by acting with integrity, being responsible, taking innovative action and practicing teamwork. Ms. Buce stated any city employee may be nominated provided that he or she
has demonstrated an incident outside the normal scope of work. Ms. Buce introduced the following three S.P.I.R.I.T. Quarterly Award winner recipients: • Barbara Brennan, Police Department
• Danny Oliveras, Parks Department • Officer Johnathan Erickson, Police Department 7.B. Recognizing and commending Delray Beach Marketing Cooperative for their excellent work and contributions
on the “Most Fun Small Town in America” Award Mayor McDuffie stated the Delray Beach Marketing Cooperative (DBMC) recently worked on something for the City and through their efforts
got the City named as the Rand McNally USA Today Travel Channel “Most Fun Small Town in America”. Mayor McDuffie recognized and commended Sarah Martin for receiving the “Most Fun Small
Town in America” award. Sarah Martin, Executive Director of the DBMC came forward to accept the award and gave a few brief comments. Ms. Martin thanked Stephanie Immelman who spearheaded
the entire project and over the last year she has generated over $1 million visibility for Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT
APPROVAL/VILLA SOBRE DEL MAR PLAT: Approve a proposed residential development containing five (5) townhouse lots and two (2) single-family lots being platted as Villas Sobre Del Mar
located on the south side of S.E. 5th Street at its intersection with S.E. 7th Avenue lying west of the Intracoastal Waterway. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.B.1. 8.C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3RD AVENUE: Accept a right-of-way deed for the dedication of 2’ feet of alley right-of-way associated with improvements to the
property located at 231 S.E. 3rd Avenue.
4 08/07/12 8.D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA POWER & LIGHT (FPL) FOR LIFT STATION 100A: Approve an easement agreement between the City and Florida Power & Light (FPL) required
for the placement of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade Project at Veterans Park. 8.E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/SW DELRAY ONE,
LLC/SAXENA WHITE LAW OFFICE: Approve and accept a 100 square foot Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law Office located at 111 S.E. 1st Avenue. 8.F. ACCEPTANCE
OF A SANITARY SEWER EASEMENT DEED/HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace Communities Inc. for installation of a sewer main at Harbours Edge, located at 401
East Linton Boulevard. 8.G. HOLD HARMLESS AGREEMENT/290 EAST ATLANTIC, LLC.: Approve a Hold Harmless Agreement with 290 East Atlantic, LLC. for installation of a dumpster and enclosure
in a public utility easement for Rack’s Restaurant located at 5 S.E. 2nd Avenue. 8.H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance
and hold harmless agreement associated with the Harbor Plaza project located at 1725 South Federal Highway. 8.I. GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER
SAVINGS INCENTIVE PROGRAM (WSIP): Provide authorization for submission of a grant application for a Water Savings Incentive Program (WSIP) grant from the South Florida Water Management
District (SFWMD) in the amount of $50,000.00 for purchase and installation of automatic flushing devices. 8.J. GRANT APPLICATION/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD): Provide authorization for submission of a grant application for a SFWMD Alternative Water Supply grant to provide supplemental funding for construction of Phase 1 of
the Area 12A reclaimed water expansion project on the barrier island south of Atlantic Avenue. 8.K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement
with the School Board of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low-income students attending schools
located within the City’s geographic boundaries.
5 08/07/12 8.L. MEMORANDUM OF AGREEMENT/CHILDREN’S SERVICES COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement with Children's Services Council of Palm Beach County to share
student information to further the goal to increase 3rd grade reading proficiency by 50% for low-income students attending schools located within the City’s geographic boundaries. 8.M.
HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All
Phase Roofing & Construction, for 135 S.W. 6th Avenue in the amount of $17,231.55. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
8.N. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder,
Abisset Corporation, for 102 S.W. 8th Street in the amount of $30,440.57. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
8.O. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder,
South Florida Construction Services, Inc., for 238 N.W. 14th Avenue in the amount of $35,630.41. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation). 8.P. COMMUNITY DEVELOPMENT BLOCK GRANT/AMENDMENT TO FY 2010-2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an amendment to the FY2010-2011 Annual Action Plan to reallocate
$307,244.00 in funding to Demolition, Economic Development and Housing Rehabilitation activities within the Community Development Block Grant (CDBG) target area. 8.Q. STATE HOMELAND
SECURITY GRANT AGREEMENT: Approve an Agreement with the Florida Department of Financial Services in the amount $24,762.00 to accept the 2011 Domestic Preparedness Grant from the State
Homeland Security Grant Program to sustain equipment and training for hazardous materials incidents and incidents involving weapons of mass destruction. 8.R. RESCIND AGREEMENT PIGGYBACKED
ON OAKLAND PARK WITH O’BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an agreement with O’Brien’s Response Management piggybacked on an Oakland Park agreement for debris monitoring
services. 8.S. AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.: Approval of an agreement with O’Brien’s Response Management for debris monitoring services, piggy backing the City of Plantation's
agreement.
6 08/07/12 8.T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND REISSUE: ON-SITE HEALTH AND WELLNESS CENTER: Rescind the original Request for Proposal (RFP) and authorize staff to issue a
revised RFP for services related to the On-Site Health and Wellness Center. 8.U. RESOLUTION NO. 36-12/GREEN IMPLEMENTATION ADVANCEMENT BOARD: Approve Resolution No. 36-12 to amend Resolution
No. 32-09 and Resolution No. 15-10 to reduce the number of board members on the Green Implementation Advancement Board. The caption of Resolution No. 36-12 is as follows: A RESOLUTION
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 24-09, 32-09, AND 15-10 REGARDING THE GREEN IMPLEMENTATION ADVANCEMENT BOARD IN ORDER TO ELIMINATE TWO
BOARD MEMBER POSITIONS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 36-12 is on file in the City Clerk’s office.) 8.V. RESOLUTION NO. 37-12: Approve Resolution
No. 37-12 supporting Palm Beach County's continued allocation of $12.50 funds from traffic violations to municipalities to cover municipal radio system expenses. The caption of Resolution
No. 37-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, STRONGLY SUPPORTING THE COUNTY’S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES
PURSUANT TO COUNTY RESOLUTION NO. R-2002-0192, WHICH SERVES TO ENHANCE THE COUNTY’S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY’S DISBURSEMENT OF THE $12.50
FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE COUNTY’S RADIO SYSTEM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (The official copy of Resolution No. 37-12 is on file in the City Clerk’s office.)
7 08/07/12 8.W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE, INC./DELRAY BEACH CENTER FOR THE ARTS, INC.: Approve consents to assignment for the lease and management agreements between
the City and Old School Square, Inc. to reflect the name change to Delray Beach Center for the Arts, Inc. 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions
and decisions made by the Land Development Boards for the period July 17, 2012 through August 3, 2012. 8.Y. AWARD OF BIDS AND CONTRACTS: 1. Bid award to DAC Air Conditioning Corporation
in the amount of $233,194.00 for the Police Department Shooting Range Ventilation Improvements. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery & Equipment;
Other Machinery & Equipment). 2. Purchase award from the Florida Sheriff's Association contract to Alan Jay Ford in the amount of $136,507.00 for one (1) replacement Water/Sewer Network
Truck with TV Location equipment. Funding is available 501-3312-591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). 3. Purchase award to Ag-Tronix in the amount of $49,890.29
for twelve (12) Irrinet M Station Computerized Irrigation Systems and two (2) ICC Computer System Laptops for Parks & Recreation. Funding is available from 119-4151-572-64.90 (Beautification
Trust Fund: Machinery/Equipment/Other Machinery/Equipment). 4. Purchase award to Municipal Equipment Company, LLC in the amount of $33,130.50 for fifteen (15) sets of replacement Firefighter
Personnel Protective Equipment (Bunker Gear). Funding is available from 001-2313-522-52.18 and 001-2315-526-52.18 (General Fund: Operating Supplies/Bunker Gear). Mr. Frankel moved to
approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes;
Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUESTS/21 DROPS OFFICE BUILDING: Consider approval of requests for waivers to Land Development
Regulations (LDR) Section 4.6.9(D)(4)(d), “Standard Isle Width”, which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, and Land Development
Regulations (LDR) Section 6.1.3(B)(1)(f), “Sidewalks”, which requires an 8-foot sidewalk along S.E. 3rd Street for 21 Drops Office Building located at 290 S.E. 6th Avenue. (Quasi-Judicial
8 08/07/12 Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial Hearing rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin,
City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray,
and Mayor McDuffie stated they had no ex parte communications to disclose. For the record, Mr. Carney stated he represented 21 Drops in their purchase of the property and his representation
ceased at the closing on the transaction and other than that he has no communication whatsoever. Mr. Jacquet stated he had no ex parte communications. Paul Dorling, AICP, Director of
Planning and Zoning, entered the Planning and Zoning Department project file #2012-162 into the record. Mr. Dorling stated this is a request for two waivers in association with a Class
III site plan modification for the 21 Drops Office Building project located at the northwest corner of S.E. 3rd Street and S.E. 6th Avenue (northbound Federal Highway). He stated what
is being proposed is conversion to office and retail and as part of that site plan there are two waiver requests: (1) a waiver to LDR Section 4.6.9(D)(4)(d), which requires a standard
aisle width of 24 feet for normal traffic flow with perpendicular parking, and (2) a waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8-foot sidewalk along S.E. 3rd Street. Mr.
Dorling stated there is currently back out parking and what is being proposed is the installation of a 5-foot sidewalk and some parallel parking which meets the code. At its meeting
of June 11, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval of both the site plan and the two waivers. Staff recommends approval of both waivers. Richard
Jones, Richard Jones Architecture, representing the applicant, stated this is a former auto repair and one of the first auto Chevy dealerships in Delray Beach (1950). He stated that
Rick Caster (Applicant) has decided to take on this project and reposition this property and do some high tech office space and a showroom on Federal Highway for the 21 Drops oil line
which is an up and coming aromatherapy product featured on QVC. Jones stated they are dealing with an existing property in trying to maintain the historical significance of it and as
such have some limitations and the waivers respect that. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come
forward at this time.
9 08/07/12 Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (speaking as Chairman of Safety as Floridians Expect (SAFE) a bicycle pedestrian safety group), urged the Commission
to deny the applicant’s waiver request for reducing the sidewalk from 8 feet to 5 feet. Mr. Smith suggested to reduce the depth of the building by one yard and reduce the travel lanes
from 11 feet to 10 feet and reduce the parallel parking in front by one foot; or, eliminates the four (4) new parallel parking spaces in front of the building. He urged the Commission
to require the applicant to come back with a revised plan and incorporate safer and more bicycle pedestrian facilities. Mr. Jones briefly addressed Mr. Smith’s comments and design suggestions.
Mr. Jones stated they are very conscious of pedestrian as well as vehicular movement in the downtown. He stated it is important to note that they are not requesting to reduce what currently
exists but they are actually improving what currently exists. Mr. Smith noted that this is one of the few remaining properties with back out parking directly on a right-of-way. Mr. Jones
stated with the Federal Highway improvements they are going to be getter a wider sidewalk eventually. Therefore, Mr. Jones stated to take a historic building and cut it back by 3 feet
and make substantial structural changes to it to accommodate an extra 3 feet of sidewalk when they are already providing 5 feet more than existing does not seem like a feasible solution.
Mr. Frankel asked if the pedestrians and bicycle traffic will be okay based on the waiver request as well as with the Federal Highway improvements coming in the future. Mr. Dorling stated
the 5 feet is adequate in this area and as the applicant indicated the sidewalk does not exist today and the level of traffic three blocks south between the one-way pairs has never been
an issue nor does he believe it will be. Mr. Frankel asked if the pedestrian traffic would increase with the improvements. Mr. Dorling stated along Federal Highway north and south it
is possible; however, he does not see a significant increase east to west in this block. Mr. Jacquet stated he has similar concerns expressed by Commissioner Frankel. In his opinion,
Mr. Jacquet stated when the development comes there will be more foot traffic. Mr. Jacquet stated with regard to the 5 foot/8 foot sidewalk issue and being that some work is going to
be getting done on Federal Highway could we possibly get 8 feet when the work is done. Mr. Dorling stated the 8 foot that is being discussed would be accomplished along Federal Highway
so the sidewalk relief is being requested along 3rd. He stated it cannot be accomplishable in the existing right-of-way. Mr. Dorling stated it is a good balance because you have a provision
of on-street parking which meets code and you have the ability for pedestrians to walk safely. Mrs. Gray asked what will happen if there is more construction. Mr. Carney stated the pediatric
center immediately to the west looks like a 5 foot sidewalk. He stated the sidewalk in Mallory Square measures at 5 feet and that would have a far more dense use and they do not seem
to have an increase in traffic there.
10 08/07/12 There being no one else from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mr. Frankel stated he supports
the waiver requests. Mrs. Gray asked when the Federal Highway Plan will be started and how far south would those sidewalks be widened. Randal Krejcarek, City Engineer, stated within
the next couple of months the Commission should see the contract for construction for the start of Federal Highway and the start after that will depend on how quickly the contracts are
executed. Mr. Krejcarek stated the sidewalk width is only planned to go 8 feet wide from S.E. 2nd Street to N.E. 2nd Street. Brief discussion between the Commission and staff continued.
The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes;
Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/ATLANTIC PLAZA II PLAT: Consider approval of a request for a waiver to Land Development
Regulations (LDR) Section 2.4.4(E)(5)(a), “Abandonments, Final Plats, Variance”, to extend the time frame for recording the Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-Judicial
Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications.
Mr. Frankel stated he met with the developer Mr. Bill Morris and he had the gentleman representing the Edwards Group they brought in from Columbus and had a meeting in general the entire
changes that they making to the project. Mrs. Gray stated she met with the same people as stated by Commissioner Frankel. Mayor McDuffie stated he met with the new contractors from Ohio
and also Mr. Morris. Mr. Carney stated he met with the same people to discuss their new ideas for the development of the project. Mr. Jacquet stated he met with Mr. Morris and the gentleman
from Ohio that was involved in the project. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2010-050 into the record.
11 08/07/12 Mr. Dorling stated this is a waiver to the timeframe that is necessary to record an approved plat. The LDRs stipulate that if you approve a plat that it needs to be recorded
within 18 months and this plat was approved by the City Commission on March 1, 2011 and is approaching that deadline as of September 1, 2012. Mr. Dorling stated the applicant is now
redeveloping the site and they would like an extension for 9 months to that timeframe. He stated given the scale of this project staff feels this is a reasonable request. Mike Covelli,
President of Covelli Design Associates, Inc., (Urban Planning and Landscape Architects), stated they are working diligently to go through a lot of the items that are within the current
approval and the purpose of this is to preserve the existing approvals while they move forward with the revisions to the plan Mayor McDuffie stated if anyone from the public would like
to speak in favor or in opposition of the waiver request, toe please come forward at this time. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President
of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated this fails the special treatment test that if they cannot live within the original agreement
then they must start over. Dr. Kirson stated you cannot vary and if they want the 9 month extension that is fine but if they have to stick with what they had. He stated if they want
new designs, etc. they have to start over otherwise why do we have rules and regulations. Dr. Kirson asked for a statement that they cannot come back in the future for any reason for
an additional extension. Mr. Dorling stated the section talks about that this would be a grant of special privilege and believes if a similar circumstance came before the Commission
they would be inclined to support this as well. He reiterated that this is not a special privilege but is something that would be entertained under similar circumstances with any other
project. Mr. Jacquet asked if there is anything that we can point to in recent history that fit the criteria that would be this out of the “special treatment” category. Mr. Dorling stated
he believes under the same circumstances the request would be handled similarly. Mr. Carney briefly discussed the site plan and expressed concern over the precedent where someone can
come in and make significant changes to a site plan and not have to go back and get that new site plan certified before they have to get in line to get their plat done. Mr. Dorling stated
it will be very similar and the only thing that will change is the easements. Mr. Dorling stated this is a boundary plat with easements and it will not be significantly different. Mr.
Covelli stated they are talking about the plat and the site plan certification. Mr. Covelli stated the application has been filed for the conditional use application and they are not
looking to circumvent anything. However, Mr. Covelli stated in this case the boundary of the plat is not changing; the easements within the plat
12 08/07/12 will change. Mr. Covelli stated they are looking to preserve the existing approval of the site plan while they are in the process of doing the amendment to the plat and noted
it is very critical to the process. Mr. Frankel asked if the granting of this waiver allow the project to be built under any building codes in the city that have been changed to be made
more stringent or a safer project. Mrs. Butler stated if there have been amendments to the building code since the application was filed, the construction has not started and they come
back in for a new site plan approval they will have to comply with the new building codes. Mr. Frankel stated Commissioner Carney has valid points; however, based on the waiver analysis
of LDR Section 2.4.7(B)(5) he is stuck with if another project of similar nature came before him he would grant it. Mr. Frankel stated tonight he will support it. Mrs. Gray expressed
concern that if the Commission extended the 90 days what real affects will that have and if that came back will it be underneath the same codes that exist today or would it be under
the new code. Mayor McDuffie stated we are changing from a totally approved project to a plat. He stated this does not skip SPRAB and it was just discussed that any new LDRs that have
come into place since this project went through the first time they would be required to adhere to. Mayor McDuffie stated in this particular case in looking at the things that we take
into consideration pursuant to LDR Section 2.4.7(B)(5) he cannot find a thing that we violate. He stated the Commission has approved extensions on projects that have expired and supports
this. Mr. Carney stated as a matter of policy he expressed concern over setting precedent and he understands the importance of this project to the city. Mr. Carney stated he loves the
design and feels this project is going to be great for the City’s tax base. However, Mr. Carney stated he needs to look very carefully at what this plat is going to look like. There
is no Board Order for the extension of the timeframe to record the plat. Mr. Frankel moved to approve the waiver request for Atlantic Plaza II Plat, seconded by Mrs. Gray. Upon roll
call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.B.1. SIXTH
AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth Amendment to the Declaration of
Reserved Rights and Agreement not to Encumber N.E. 7th Avenue pertaining to the site plan certification timeframes for Atlantic Plaza II.
13 08/07/12 Paul Dorling, AICP, Director of Planning and Zoning, stated this request is to extend the timeframe to obtain site plan certification by a period of 270 days. Mr. Dorling
stated a quick summary of time frames regarding N.E. 7th Avenue is as follows: (1) provide environmental audit within 180 days of abandonment resolution approval, (2) obtain SPRAB approved
by 12/01/09, (3) obtain the site plan certification within 18 months of SPRAB approval; (4) complete construction of the underground tunnel under relocated N.E. 7th Avenue within three
(3) years of site plan certification (this is the “no turn back deadline”); substantial completion of the relocated N.E. 7th Avenue within 2 years of the “no turn back deadline”. Mr.
Carney stated he understands that this is tied to the other site plan and why they want to preserve the rights; however, this is the sixth amendment and asked if this is customary and
what is the justification. Mike Covelli stated with regards to the site plan one of the conditions with site plan approval is to record the plat for certification. Mr. Covelli stated
all the other items for certification have been satisfied with the exception of recording the plat. He stated they are asking for some time for them to establish these revisions. Mr.
Covelli stated as part of the structure of what is going on they have to preserve the current approvals. Mr. Carney asked if there are any of the rights that are being reserved that
by extending this that would be otherwise unavailable today to anyone because of some change in the Land Development Regulation or policies of the Planning and Zoning Department. Mr.
Dorling stated there have been changes to the LDRs which given the approval date of this project would not be something that would be seen on a site plan. For example, Mr. Dorling stated
if a landscape plan has changed; if they came in and the new plan that they are proposing meets those new requirements this old one does not. Mr. Carney asked if there anything now that
one could no longer get regardless of what their proposal is. Mr. Dorling stated say the parking lot layout that they are proposing wouldn’t be allowed now because a new landscape code
would require different things. He stated those sorts of changes would apply throughout the site plan as currently approved and are being accommodated with the revision. Mr. Dorling
stated he is not aware of anything other than those sorts of changes that the Commission would consider substantial. Mr. Carney inquired why this item was placed on the Consent Agenda.
Mr. Dorling stated because the past five extensions were on the Consent Agenda. Mr. Carney suggested that when we are going into multiple amendments and when we get to the point of doing
things beyond our usual practice those should be placed on the Regular Agenda. Mr. Frankel moved to approve Item 9.B.1. (formerly Item 8.B.), seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
14 08/07/12 At this point, the time being 7:27 p.m., the Commission moved to Item 10, Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2013 PROPOSED
BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, stated
the fire assessment was a bad idea 2 years ago and a bad idea today. Mr. Smith stated it is a fee/tax and it will be around forever and will only go up. He stated instead he urged the
Commission to go back and drill down or use Mr. Smith’s new budget tool to get to those non-essential expenses. Mr. Smith urged the Commission to make the pledge to replenish the City
reserve account for all funds taken from it to balance the 2013 budget by requesting that all mid-year budget surpluses and 50% of all future construction property tax revenues be credited
to the reserve until the reserve account has been fully restored. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors
of Tierra Verde at Delray Beach and Member of the Alliance), stated the City has $12 million in Enterprise and Trust Fund and it takes a Commission voted to take funds out of there.
Dr. Kirson stated it involves completing the City’s budget, no taxes, and no fire assessments. He stated the City Commission can find another $1 million and make the effort to save Delray
Beach by keeping the employees that we currently have. Dr. Kirson suggested a 5% pay raise from the Mayor to the part-time employee; $2.4 plus $1 million is in the Enterprise and Trust
Fund. He feels there is no need for any kind of tax increase. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, thanked the City Manager for his service with the City of Delray
Beach. Secondly, Mrs. Odom stated as a taxpayer of the city because she values the city and its employees. She stated that is how the city is going to have to balance the budget is people.
Mrs. Odom stated she is in favor of the fire tax and feels the employees of this city are worth her $7.00. She stated she is willing to maintain the integrity of this city, the projects,
and everything she has done her entire life here. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483, thanked the City Commission for their work on the budget. She concurred
with comments expressed by Mr. Smith and stated we do not need a fire tax at this point. Ms. Morrison stated until there is a major overhaul in some of the city operations these budget
issues and spending what appears to be out-of-line spending in comparison to income are going to keep coming up. She stated Parks and Recreation is over 14% of the City’s budget; we
have 43 parks and we do not know how often they are used because the City only keeps track of the beach which has $1.8 million visitors last year. She stated
15 08/07/12 currently there is four layers of management overseeing the downtown area; CRA, DDA, and the Delray Beach Marketing Cooperative (DBMC) all of which derive money from the
City and taxpayers to oversee the downtown and asked if we need four different administration charges looking over the downtown. Ms. Morrison stated this needs to be revamped so that
it is more streamlined. She stated there are parts of the city that are west of the CRA boundaries and suggested moving the boundaries very slowly to the west the City can recoup some
of the eastern property that is currently CRA. Ms. Morrison stated pension costs in the fire-rescue department are 40% of the regular salaries; police 38.6%. She feels there are several
ways to streamline our spending in the city but this is going to take time. 10.B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2012-13: Consider approval
of the CDBG Consolidated Annual Action Plan FY 2012-13 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Lula Butler,
Director of Community Improvement, stated this item is for approval of the CDBG Consolidated Annual Action Plan for fiscal year 2012-13 as required by the United States Department of
Housing & Urban Development (HUD) for utilization of grant funds. The Act requires that municipalities that receive these funds comply with 24 CFR Part 91 that governs plans submissions
and the Annual Action Plan. Mrs. Butler stated there is a citizen participation process that is the component of this and staff advertises the proposed budget as part of the newspaper
for a 30 day period. Mrs. Butler stated staff held a public meeting on May 21, 2012 in conjunction with the Neighborhood Advisory Council (NAC) on the proposed budget. She stated the
NAC unanimously endorsed the proposed budget as submitted and staff proposes the use of $413,140 that has been allocated which is a substantial reduction from last year. Mrs. Butler
stated funds are proposed to be 20% for administration $82,628; housing rehab $268,000; public service $61,971 for a total of $413,140. Staff recommends approval of the CDBG Consolidate
Annual Action Plan for fiscal year 2012-13. Mr. Frankel inquired why staff advertises in the Palm Beach Post versus the Sun-Sentinel. Mr. Carney stated since the City is receiving a
smaller amount how is this impacting the way staff is trying to run the program. Mrs. Butler stated staff had to eliminate a position because they cannot afford the positions that they
have and have also spread the salary of a couple of other positions to other programs and noted they had to streamline their process. Mr. Frankel moved to approve the CDBG Consolidated
Annual Action Plan 2012-13 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds, seconded by Mrs. Gray. Upon roll call
the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
16 08/07/12 Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 21-12: Consider a privately-initiated amendment to the Land
Development Regulations (LDR) to create Section 4.5.19, “Linton Development Overlay District”, and amend Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental
District Regulations”, to limit the Floor Area Ratio (FAR) to 0.36 for non-residential uses within the Lintco Development Overlay District, located at the northwest corner of Linton
Boulevard and S.W. 4th Avenue. The caption of Ordinance No. 21-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 4.5.19, “LINTCO DEVELOPMENT OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.9, “GENERAL COMMERCIAL
(GC) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY WITHIN THE LINTCO DEVELOPMENT OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-12 is on file in the City Clerk’s office.) The City Attorney read the caption
of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul
Dorling, AICP, Director of Planning and Zoning, stated this is a privately initiated amendment to the LDRs that will restrict the non-residential development intensity on properties
created within a newly created Lintco Development Overlay District and amend Section 4.4.9, “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations”, to
limit the Floor Area Ratio (FAR) to 0.36 for non-residential development within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W.
4th Avenue. Mr. Dorling stated this was a follow-up amendment to a Comprehensive Plan Amendment 2010-1 and approved on December 14, 2010. He stated that was a change to the land use
designation to GC and as part of that there was a change to the language in the Comprehensive Plan which applied this 0.36 maximum intensity. The regular general commercial designation
17 08/07/12 in the Comprehensive Plan has maximum FAR of 3.0 and for traffic concurrency issues this parcel would not have been able to be developed at that intensity therefore the change
was supported with the reduction in that overall FAR. At its meeting of June 18, 2012, the Planning and Zoning Board recommended approval with a 4 to 0 vote. Mayor McDuffie declared
the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-12, the public hearing was closed. Mrs. Gray moved to adopt
Ordinance No. 21-12 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 22-12: Consider a privately-initiated amendment to the Land Development Regulations (LDR)
to create Section 4.5.20, “Waterford Overlay District”, and amend Section 4.4.25, “Special Activities District (SAD)”, Subsection (E), “Supplemental District Regulations”, to limit the
non-residential Floor Area Ratio (FAR) to 1.32 and residential density to 12 units per acre within the Waterford Overlay District, located south of Linton Boulevard, east of I-95. The
caption of Ordinance No. 22-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY ENACTING A NEW SECTION 4.5.20, “WATERFORD OVERLAY DISTRICT”, TO CREATE A NEW OVERLAY DISTRICT; AMENDING SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”, SUBSECTION (E),
“SUPPLEMENTAL DISTRICT REGULATIONS”, TO RESTRICT THE NONRESIDENTIAL DEVELOPMENT INTENSITY AND RESIDENTIAL DENSITY WITHIN THE WATERFORD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-12 is on file in the City Clerk’s office.)
18 08/07/12 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is similar to the previous request; however, it involves the Waterford
Overlay District which will be created on this parcel which is immediately behind the Office Depot site. Mr. Dorling stated this was also part of the Comprehensive Plan Amendment 2010-1
that was approved by the City Commission on December 14, 2010. He stated at that time the land use designation was modified from transitional (TRN) to general commercial (GC) and there
was a similar text amendment in the Comprehensive Plan to limit the intensity from the 3.0 allowed in other GC areas to 1.32. This amendment also includes an amendment that restricts
the residential development to 12 units to the acre. Mr. Dorling reiterated that this is the follow-up LDR amendment creating the district and identifying those language limits. At its
meeting of June 18, 2012, the Planning and Zoning Board considered this item and recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being
no one from the public who wished to address the Commission regarding Ordinance No. 22-12, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 22-12 on Second and
FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said
motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 23-12: Consider a city-initiated amendment to Land Development Regulations (LDR) Section 2.4.3(K)(1), “Development Applications”,
Section 2.4.3(K)(3), “Permit Fees”, and Section 6.3.3, “Sidewalk Café”, Subsection (A), “Permit and Fees”, to provide for an increase in certain development application and permit fees
and increasing the permit fee assessed per square foot of approved sidewalk café space. The caption of Ordinance No. 23-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", PARAGRAPH
(1), “DEVELOPMENT APPLICATIONS” AND PARAGRAPH (3), “PERMIT FEES”; AND SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION
19 08/07/12 (A), “PERMIT AND FEES” TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION AND PERMIT FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised
in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this modifies three
sections of the LDRs and adds two fees under Development Applications which is the Planning and Zoning application fees; it also modifies the permit fees which is the Building Department
permit fees and modifies the sidewalk café permit requirement. He stated under the development application section there is a proposal for two feet increases; one a $50.00 increase in
the beach overlay review fee and is a result of the contract the City has with Urban Design Kilday Studios. Mr. Dorling stated there is a new fee for modifications to approve redevelopment
plans. He stated the review process is a kin to modification of the Comprehensive Plan and we do not have a fee for that. Mr. Dorling stated there are also some changes to the building
department fees. He stated the building department did go out and did an analysis of adjacent communities including Boca, Boynton, Palm Beach Gardens, Deerfield Beach, Pompano Beach,
West Palm, and Palm Beach County and they adjusted our fees accordingly and Delray Beach is slightly above the mid-range of those average fees in other communities. Mr. Dorling stated
the last fee was a request to raise the sidewalk application fee which is now $4.50 per square foot for sidewalk café raising it to $4.75 per square foot. At its meeting of June 18,
2012, the Planning and Zoning Board recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. Christina Morrison, 2809 Florida Boulevard, Delray Beach,
FL 33483 (Chairman of the Financial Review Board (FRB), stated they agree with staff on the local business taxes; with the addition of the new Code Enforcement Officers and Inspectors
the FRB would like the City to take the code violation first offense to the State max of $250. Ms. Morrison stated there is currently a one-tier charge of an application plus a per square
foot fee and the FRB is asking that the City consider making it a twotier fee and that if the sidewalk café is on City owned property that the fee be $7.00 per square foot; if it is
on private property that it stay at the $475 no matter where it is within the city. Ms. Morrison stated the Board concurs with staff’s recommendation regarding the building fees and
the plan reviews. She stated they would like to see a fee implemented for a tech fee so that builders could submit their plans online. Ms. Morrison
20 08/07/12 stated the FRB did not want to see an increase in building permits because things are starting to happen in the city and the Board did not want to negatively impact that
role we are on in any way. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-12, the public hearing was closed. Mr. Carney asked staff
if he has heard from the impacted businesses that use sidewalk cafés and thoughts on this proposal to increase those fees. Mrs. Butler stated she had not received any. Mr. Carney suggested
having a higher fee to the extent that sidewalk cafés are on city-owned property versus private property. Mr. Dorling stated in this case the sidewalk cafés are on public property. Mrs.
Butler stated staff would have to do an analysis to see the percentage that is on private property versus public property. Mr. Jacquet echoed comments expressed by Commissioner Carney.
Mr. Jacquet stated this is a great opportunity for us to raise revenue and also to not penalize those who are not within the CBD (Central Business District) and who want to operate sidewalk
cafés. After brief discussion, Mrs. Butler stated in approximately 60-90 staff can bring back to the Commission. Mr. Carney moved to adopt Ordinance No. 23-12 on Second and FINAL Reading,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed
with a 5 to 0 vote. At this time, the time being 7:55 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City
Manager’s response to prior public comments and inquiries. Doug Smith, Acting City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Steve
Blum, Antilles Homeowners’ Association, 115 Venetian Drive Unit “C”, Delray Beach, FL 33483, read a letter into the record for a friend quoting Mayor McDuffie in the Sun-Sentinel. Mr.
Blum asked if the Commissioners have provided a written legal opinion that the City can extend the Waste Management contract without competitive bids.
21 08/07/12 Secondly, Mr. Blum requested that in two weeks when the Waste Management issue comes on board that it be put either away from the Regular Agenda or an exception is made on
the regular agenda so the Commission can hear comments from the public. Mr. Blum stated the Solid Waste Authority (SWA) has said that there is approximately 4 other people/companies
that can do the same work and he is strongly in favor of putting the Waste Management contract out to bid. 11.B.2. Fran Marincola, Beach Property Owners Association (BPOA), stated the
BPOA has had a problem with the pavilion and it has been two years and the BPOA has run two private fundraisers and they have given the money to the city. Mr. Marincola stated the project
is moving very slow and noted it is in the budget and has been earmarked. He urged staff to see what can be done to speed up this project. 11.B.3. John Bennett, 137 Seabreeze Avenue,
Delray Beach, FL 33483, stated in the past when there were a lot of hurricanes that would come through they would leave the barrier islands pack up and leave until it was over. Mr. Bennett
stated on one of those occasions he called the non-emergency Police number and asked have the Police have opened it up and allow people go back to the barrier island and they did not
know. Secondly, Mr. Bennett asked the Commission how they are going to go about picking a replacement for the City Manager. He stated a lot of organizations or a search committee made
up of various stakeholders and feels that would include citizens, the business community, and City employees among others. Mr. Bennett commented about the City Manager’s process and
encouraged the Commission that whatever route they go that it has transparency. 11.B.4. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, asked the City Manager’s office to
prepare a 10-year historical cost analysis and a 10-year projection of the tennis center’s financial operations including all direct/indirect capital expenditures and CRA funds. Also,
to prepare two 10-year projections based on the following: (1) selling the entire tennis center complex for $1.00 based on a restricted use as a tennis center or (2) selling the tennis
center for $1.00 based on a mixed-use development consistent with adjoining property. Mr. Smith requested any narrative justification of why the tennis center should continue to be operated
in a public sector. 11.B.5. Reginald Cox, 715 Martin Luther King, Jr. Drive, Delray Beach, FL 33444 Chairman of the West Atlantic Avenue Redevelopment Coalition (WARC), stated he is
responding to a community request from last fall during the hotel presentations. Mr. Cox stated the relevance of WARC to this community first and foremost is inclusiveness for the community.
He stated at the last joint CRA Workshop last month he accepted that call from the community and called for a joint community meeting to take place on September 8, 2012 to review the
development plans that we currently have in place as it relates to the western community. Mr. Cox stated they would
22 08/07/12 like to take a look at those plans and make necessary adjustments to today’s assumptions and collect a shared vision from all the stakeholders. 11.B.6. Andy Katz, 220 South
Ocean Boulevard, Delray Beach, FL 33483 representing the Beach Property Owners Association (BPOA), stated not all contracts have to go out for bids; if they are small enough they may
not meet certain criteria. Mr. Katz stated this is a large contract and in terms of good management and best practices the BPOA believes that this should be a contract that goes out
for bids. 11.B.7. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the
Alliance), briefly commented about how everything has been handled with Waste Management. Mr. Carney commented on concerns expressed by Mr. Marincola about the beach pavilion. Mr. Carney
stated he was pushing for the funds for the pavilion with the support of the Commission and noted he has been monitoring it. Mr. Carney read into the record an update from Mr. Hasko
regarding the beach pavilion. At this point, the time being 8:14 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. WAIVER REQUESTS/CHASE BANK: Consider a request
for waivers to Land Development Regulations (LDR) Section 4.6.7 (E)(7), “Design Standards Matrix”, to allow three (3) flat wall signs to be placed on elevations that are not facing a
dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6), “Nameplates”, to allow more than one nameplate on the building for Chase Bank located 5070 West
Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to
disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this is a request for consideration
of the waiver request to the LDRs Section 4.6.7(E)(7) to allow three flat wall signs to be placed on elevations that do not face a dedicated street and Section 4.6.7(H)(6) to allow more
than one name plate on a building for Chase Bank located at 5070 W. Atlantic Avenue. Mrs. Butler stated this business will be located in the Delray Commons Plaza that was annexed into
the city in 1991. The development includes three out parcels (Burger King, National Riverside Bank, and the Shell Gas Station). On August 3, 1999, the Commission approved a subdivision
plat for the shopping center which created the Riverside Bank building as a separate parcel. She stated Chase Bank will now be moving into this existing building. Mrs. Butler stated
the proposed sign package was reviewed by the Site Plan Review and Appearance Board (SPRAB) at their
23 08/07/12 regular meeting on July 25, 2012. Mrs. Butler stated the sign package consisted of seven (7) signs (1 free-standing, 4 flat wall and 2 nameplates) that require permitting;
staff has identified them as A-G for clarity. Mrs. Butler stated signs A, E, and G (flat wall to be erected on the north elevation; one free standing and name plate signs) are allowed
by code, thus do not require a waiver. Mrs. Butler stated tonight they are talking about signs B, C, and D (all flat wall signs proposed for the South, East, and West elevations) and
the second name plate that is going to be on the south elevation of the building. She stated SPRAB voted in support of the waivers for all three flat signs to be erected on the South,
East, and West elevations and including the second name plate to go on the building. Mrs. Butler stated the code says that waivers under LDR Section 2.4.7(B)(5) requires that prior to
granting a waiver, the granting body shall make a finding that the granting of the waiver (a) shall not adversely affect the neighboring areas, (b) shall not significantly diminish the
provision of public facilities, (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege that the same waiver. Mrs. Butler noted that a letter
justifying Chase Bank’s position for the waivers. Staff recommends approval of the required waiver to LDR Section 4.6.7(E)(7) for a flat wall sign on the East elevation; however, staff
recommends denial of the waiver request for the flat wall sign proposed for the West elevation. Staff concurs with SPRAB’s decision to allow the waiver to LDR Section 4.6.7(H)(6) allowing
a second nameplate on the building as requested. The flat wall sign proposed for the South elevation should be reduced to the 9 feet allowed by code because it is the rear elevation
of the bank building. Mrs. Butler stated the reason staff supports the east elevation is because the building is unique for a bank and you can the east elevation going south on Military
Trail; on the west elevation the reason staff recommends denial is because you cannot see that sign unless you are in the parking lot. At this point, the Commission took a short break.
Beth Edwards, Siegel Lipman, Dunay, Shepard, & Miskel, LLP, 5355 Town Center Road, Boca Raton, FL 33486 (applicant), stated they are requesting the waivers that staff described for the
Chase Bank going in at 5070 West Atlantic Avenue located on the southwest corner of Military Trail and Atlantic Avenue. Ms. Edwards stated the sign that would be permitted incongruous
with the City’s vision aesthetically. She stated they would be permitted a sign at 160 square feet and it does not fit on the existing building. Ms. Edwards stated they are requesting
is to allocate their signage 26 square feet to the north, 26 square feet to the south, approximately 37 square feet to the east, and the same to the west (total of 125 square feet plus
or minus 35 square feet less than what would be permitted by Code on the front elevation. Ms. Edwards stated on the south elevation they are requesting that the sign be 26 square feet
and it is allowed to be 9 square feet due to visibility issues and they are asking that this sign size be increased. She stated for the east elevation coming in from the east it is very
difficult to tell that the bank is a bank. Ms. Edwards stated this will promote safe and efficient traffic flow and they believe this is the same for the west elevation and it is difficult
due to the tree coverage to see that monument sign when coming from the west on Atlantic Avenue. She stated the name plate signs that they are asking for they want to put one on each
entrance so that everyone entering the bank can see that this is the type of branch. Ms.
24 08/07/12 Edwards stated with regard to the southeast entrance and a 9 square foot sign would not be large enough for someone coming from that distance to identify the bank and safely
travel to the bank. She stated with regard to the northeast entrance and they are requesting the eastern sign. Ms. Edwards stated the signs would be vital to the banks success and they
are needed to easily identify and navigate regardless of which direction you are coming from. She stated they believe that the signage is consistent with the surrounding area and there
are several establishments in the area that have multiple signs at about this scale. Ms. Edwards stated they feel the proposed signs are the right scale for the building and they are
reallocating signage that they would be permitted on the north entrance. Ms. Edwards stated SPRAB recommended approval of all of the waivers and urged the Commission to approve. Mayor
McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public
who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mrs. Butler stated the City does allow flat wall signs up to 160 square feet based
on the width and the height up to 15 feet of the building. She stated on that building they could not have gotten a sign that large because it would have been out of scale. Mrs. Butler
stated if the Commission grants the signs on all four sides where there is not a particular hardship they could be setting a precedent. Staff supports a couple of the waivers but they
do not support the sign on the west elevation. Mr. Frankel stated he agrees with Mrs. Butler’s recommendation to allow the waivers for those two sections but he concurs with SPRAB’s
decision about the denial of the flat wall sign proposed for the west elevation. Mr. Carney concurs with staff. Mr. Jacquet stated he agrees with the comments that have been made and
asked why the sign on the west elevation so important and could that really create a hardship. He stated he understands staff’s position and it does not seem as if they really need that
sign on the west side of the building. Ms. Edwards stated the sign on the west is to provide visibility for those coming from the west. She stated when you are coming from the west you
cannot see because the front building sign is located on the west side of the building where it makes sense to be located so as not to be blocked by trees. Mr. Jacquet asked about the
language of the ordinance with regard to the signage. Mrs. Butler stated all the flat wall signs on any elevation are required to face a dedicated street and it is before the Commission
now because it is interior to the parking lot. He inquired about the south elevation sign. Mrs. Butler stated with regard to the south elevation sign you are allowed to have a 9 square
foot sign on the rear of the building and they are proposing a 26 square foot sign and staff feels they should be required to reduce that so they can come into compliance with code and
they should not have to have a waiver for that. Mrs. Butler stated you see the building from the parking lot of the shopping center that it is located in and it is strictly vehicular
traffic. Mrs. Butler stated she believes that
K. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL PROFESSION ALS
(EVP) TOUR: Approve a special event request for the Extreme V olleyball
Professionals (EVP) Tour, sponsored by EVP Tours an d supported by the Downtown
Marketing Cooperative, to be held on September 22 -23, 2012 from 7:00 a.m. to 7:00
p.m., with setup beginning September 21, 2012 at 5:00 p.m., to grant a waiver to the
City Code of Ordinances, Section 101.32, Section 10 1.32, “Assemblies ”, to allow
assembly on the beach; and to authorize staff suppo rt at an estimated cost of $735.00;
contingent upon receipt of a turtle permit fourteen (14) days prior to the event.. Per
the current Special Event Policies and Procedures, the DBMC's will pay 35% of our
costs, or an estimated $257.00.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
August 20, 2012 through August 31, 2012 .
M.AWARD OF BIDS AND CONTRACTS:
1.Bid award to multiple vendors for disaster debris r emoval. Funding is available
from 433 -3711 -534 -49 -90 (Sanitation Fund: Other Current Charges).
2.Bid award to Complete Property Services of South Fl orida, Inc., in the amount of
$39,970.00 for landscape maintenance at Homewood & Linton Boulevard and
three (3) medians on Military Trail. Funding is ava ilable from 119 -4144 -572 -
46.40 (Beautification Trust Fund: Repair and Mainte nance
Services/Beautification Maintenance).
9. REGULAR AGENDA:
A.WAIVER REQUEST/WEST CORNER VENTURE, LLC: Consider approval of a
waiver request for a waiver to Land Development Reg ulations (LDR) Section 4.6.16
(H)(3)(d), “New Multiple Family, Commercial, and Industrial Dev elopment ”, to allow
a 1 ’ landscape buffer where 5 ’ is required for 10 th and 10 th Center, located at the
southeast corner of S.W. 10 th Street and S.W. 10 th Avenue.
B.ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT
PLAN: Consider adoption of the “South Federal Highway Redevelopment Plan ”,
which covers the commercial properties on both sides of S outh Federal Highway
between Linton Boulevard on the north and the city limits to the south.
C.VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider a
request from Prime Steakhouse to expand their valet parking queue from 2 to 6
spaces for the property located at 110 East Atlanti c Avenue.
D.REQUEST/GREEN MARKET RELOCATION:Consider approval of a relocation of
the Green Market to be held on October 13, 2012 thr ough May 11, 2013 from 9:00
a.m. to 2:00 p.m. to grant a temporary use permit p er (LDR) Section 2.4.6(F) and
closure of S.E. 4th Avenue to Old School Square Par k; and reduce the rental rate to
$200.00 per day plus utilities costs .
E.SPECIAL EVENT REQUEST/14 TH ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the 14 th Annual Garlic Festival to be
held February 8 -10, 2013, and grant a temporary use permit per LDR Section 2.4.6(F)
for use of City rights -of -way to include N.E. 1 st Avenue from Atlantic to the grass
area at Old School Square, Swinton Avenue from Atla ntic to N.E. 1 st Street and Old
School Square Park and N.E. 2 nd Avenue from the north side of the east/west alley
north of Atlantic to a line at the south end of the Old School Square Garage, from
6:00 a.m., February 7 through 11:00 p.m., February 10, 2013 and use of the Old
School Square Parking Garage, CRA parking lots in B lock 60, City Hall north
lot, City Attorney lot and the County Parking Garag e, and authorize staff support for
traffic control and security, EMS assistance, barri cading, banner hanging, signage
preparation and installation, use of a City generat or, the event producer to pay 100%
of all City costs, and waiver of the two (2) hour p arking limit in the downtown area
during the event, subject to the conditions listed in the staff report.
F.LETTERS OF INTENT/OLD SCHOOL SQUARE GARAGE RETAIL S PACE:
Provide direction regarding the Letters of Intent r eceived for purchase of the Old
School Square garage retail space.
G.2012 BEACH RENOURISHMENT PROJECT: Provide direction on the upcoming
Beach Renourishment Project.
1.CONTRACT AWARD TO GREAT LAKES DREDGE AND DOCK
COMPANY:Approve a contract award to Great Lakes Dredge and Dock
Company in the amount of $8,820,110.00 for construc tion of the Beach
Renourishment Project. Funding is reimbursable from Federal, State and County
funding sources .
H.WOMEN ’S TENNIS ASSOCIATION (WTA) CHAMPIONSHIP
TOURNAMENT:Provide direction concerning a bid to the Women ’s Tennis
Association (WTA) to be a host site/promoter for th e WTA Championship beginning
2014.
I.APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member
to the Education Board to serve an unexpired term e nding July 31, 2013. Based upon
the rotation system, the appointment will be made b y Commissioner Gray (Seat #4).
J.APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:Appoint one
(1) At Large Representative to the Neighborhood Adv isory Council to serve an
unexpired term ending July 31, 2014. Based upon the rotation system, the
appointment will be made by Commissioner Gray (Seat #4).
K.APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three
(3) regular members to the Historic Preservation Bo ard to serve two (2) year terms
ending August 31, 2014. Based upon the rotation sys tem, the appointments will be
made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and
Commissioner Frankel (Seat #3).
10. PUBLIC HEARINGS:
A.RESOLUTION NO. 44 -12 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for
operations and maintenance and for payment of princ ipal and interest on bonded
indebtedness for FY 2013.
B.RESOLUTION NO. 45 -12 (TENTATIVE MILLAGE LEVY/DDA): A resolution
tentatively levying a tax of one mill on all proper ties within the Downtown
Development Authority Taxing District of the City o f Delray Beach for FY 2013.
C.RESOLUTION NO. 46 -12 (TENTATIVE BUDGET ADOPTION FOR FY 2013): A
resolution tentatively making appropriations of sum s of money for all necessary
expenditures of the City of Delray Beach for the pe riod October 1, 2012 through
September 30, 2013 .
D.ORDINANCE NO. 27 -12: Consider amending Chapter 99, “Noise Control ”, of the
Code of Ordinances of the City of Delray Beach by r epealing Chapter 99 in its
entirety, and enacting a new Chapter 99, “Noise Control ”, providing for the control of
sound originating within the City of Delray Beach.
E.ORDINANCE NO. 26 -12: Consider an amendment to Chapter 37 “Delray Beach
Code Enforcement ”, Section 37.45, “Supplemental Code Enforcement Procedures ”,
Subsection Q, “Civil Penalties ”, of the Code of Ordinances of the City of Delray
Beach, Florida, in order to update the provisions p ertaining to noise control.
F.RESOLUTION NO. 43 -12/CONTRACT FOR SALE AND PURCHASE/810 N.W.
21 ST WAY: Consider approval of Resolution No. 43 -12 and a contract for sale and
purchase, authorizing the City to sell the Neighbor hood Stabilization Program (NSP)
property located at 810 N.W. 21 st Way to Jarrod Levins for the purchase price of
$145,000.00 or appraised value and provide subsidy up to $50,000.00 secured by
promissory note and second mortgage.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING PUBLIC HEARINGS:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12. FIRST READINGS:
A.ORDINANCE NO. 28 -12: Consider an ordinance amending Chapter 35, "Employees
Policies and Benefits", Subheading "Retirement Plan ", of the Code of Ordinances by
amending Section 35.089, “Definitions ”, to amend the definition of “Employee ” to
include certain previously excluded positions. If p assed, a public hearing will be held
on September 20, 2012 .
B.
ORDINANCE NO. 30 -12: An ordinance amending Chapter 51, "Garbage and
Trash", of the City's Code of Ordinances by amending Section 51.70 , “Regular
Charges Levied ”, to provide for increased residential and commercial collection
service rates for FY 2013 . If passed, a public hearing will be held on Sept ember 20,
2012.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
08/07/12
AUGUST 7, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, August 7, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - Doug Smith, Acting City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Michael McClure with
West Park Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mayor McDuffie requested that Item 8.B., Sixth Amendment to the
Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7 th Avenue
related to the Atlantic Plaza Project of the Consent Agenda be moved to the Regular
Agenda as Item 9.B.1.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Franke l –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
June 28, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted a s follows:
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr . Carney – Yes; Mr.
Jacquet – Yes. Said motion passed with a 5 to 0 vote.
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Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
July 10, 2012, seconded by Mr. Frankel. Upon roll call the Commission vote d as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carne y – Yes; Mr. Jacquet –
Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting o f July
17, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Special Meeting of July
20, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gr ay – Yes; Mayor
McDuffie – Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
July 31, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted a s
follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing and commending Sergeant John Evans
Mayor McDuffie read and presented a proclamation hereby rec ognizing
and commending Sergeant John Evans. Sergeant John Evans came forward to accept the
proclamation and gave a few brief comments.
6.B. Recognizing and commending Tavarius “TJ” Jackson
Mayor McDuffie read and presented a proclamation hereby rec ognizing
and commending Tavarius “TJ” Jackson. Tavarius “TJ” Jackson came forward to accept
the proclamation and gave a few brief comments.
6.C. Florida Water Professionals Week – August 13-17, 2012
Mayor McDuffie read and presented a proclamation to the City hereby
proclaiming the week of August 13-17, 2012 as Florida Water Professionals Week.
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7. PRESENTATIONS:
7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Jennifer Buce, S.P.I.R.I.T. Co-Chair, stated the City of Delra y Beach
S.P.I.R.I.T. Program recognizes employees for their exempla ry actions in the following
cities beliefs by providing exceptional service through perfo rmance by acting with
integrity, being responsible, taking innovative action and practicing teamwork. Ms. Buce
stated any city employee may be nominated provided that he or she has demonstrated an
incident outside the normal scope of work. Ms. Buce introduced the foll owing three
S.P.I.R.I.T. Quarterly Award winner recipients:
• Barbara Brennan, Police Department
• Danny Oliveras, Parks Department
• Officer Johnathan Erickson, Police Department
7.B. Recognizing and commending Delray Beach Marketing Cooperative
for their excellent work and contributions on the “Most Fu n Small Town in
America” Award
Mayor McDuffie stated the Delray Beach Marketing Coopera tive
(DBMC) recently worked on something for the City and through their efforts got the City
named as the Rand McNally USA Today Travel Channel “Most Fun Sma ll Town in
America”. Mayor McDuffie recognized and commended Sarah Mart in for receiving the
“Most Fun Small Town in America” award. Sarah Martin, Executi ve Director of the
DBMC came forward to accept the award and gave a few brief comments. Ms. Martin
thanked Stephanie Immelman who spearheaded the entire project and ov er the last year
she has generated over $1 million visibility for Delray Beach.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/VILLA SOBRE DEL
MAR PLAT: Approve a proposed residential development containing five (5 )
townhouse lots and two (2) single-family lots being platted as Vi llas Sobre Del Mar
located on the south side of S.E. 5th Street at its intersection wit h S.E. 7th Avenue lying
west of the Intracoastal Waterway.
8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.B.1.
8.C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3 RD AVENUE:
Accept a right-of-way deed for the dedication of 2’ feet of al ley right-of-way associated
with improvements to the property located at 231 S.E. 3rd Avenue.
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08/07/12
8.D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA
POWER & LIGHT (FPL) FOR LIFT STATION 100A: Approve an easement
agreement between the City and Florida Power & Light (FPL) requi red for the placement
of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade
Project at Veterans Park.
8.E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/SW
DELRAY ONE, LLC/SAXENA WHITE LAW OFFICE: Approve and accept a 100
square foot Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law
Office located at 111 S.E. 1st Avenue.
8.F. ACCEPTANCE OF A SANITARY SEWER EASEMENT
DEED/HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace
Communities Inc. for installation of a sewer main at Harbours Edge, located at 401 East
Linton Boulevard.
8.G. HOLD HARMLESS AGREEMENT/290 EAST ATLANTIC,
LLC.: Approve a Hold Harmless Agreement with 290 East Atlantic, LLC. f or
installation of a dumpster and enclosure in a public utility eas ement for Rack’s
Restaurant located at 5 S.E. 2nd Avenue.
8.H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS
AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance and hold
harmless agreement associated with the Harbor Plaza project located at 1725 South
Federal Highway.
8.I. GRANT APPLICATION/SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE
PROGRAM (WSIP): Provide authorization for submission of a grant application for a
Water Savings Incentive Program (WSIP) grant from the South Flori da Water
Management District (SFWMD) in the amount of $50,000.00 for purchase and
installation of automatic flushing devices.
8.J. GRANT APPLICATION/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Provide authorization for submission of a grant application for a SFWM D
Alternative Water Supply grant to provide supplemental funding for construction of
Phase 1 of the Area 12A reclaimed water expansion project on the barrier island south of
Atlantic Avenue.
8.K. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM
BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm
Beach County to share student information to further the goal to incre ase 3rd grade
reading proficiency by 50% for low-income students attending schools located within the
City’s geographic boundaries.
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8.L. MEMORANDUM OF AGREEMENT/CHILDREN’S SERVICES
COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement
with Children's Services Council of Palm Beach County to share st udent information to
further the goal to increase 3rd grade reading proficiency by 50% for low-income
students attending schools located within the City’s geographic boundaries.
8.M. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighbor hood
Stabilization Program (NSP) to the lowest responsive bidder, Al l Phase Roofing &
Construction, for 135 S.W. 6th Avenue in the amount of $17,231.55. Funding is available
from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition
Rehabilitation).
8.N. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation,
for 102 S.W. 8th Street in the amount of $30,440.57. Funding is available from 118-
1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
8.O. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Award one (1) Housing Rehabilitation contract through the Community Devel opment
Block Grant (CDBG) to the lowest responsive bidder, South Florida C onstruction
Services, Inc., for 238 N.W. 14th Avenue in the amount of $35,630.41. Funding is
available from 118-1963-554-49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
8.P. COMMUNITY DEVELOPMENT BLOCK GRANT/ AMENDMENT
TO FY 2010-2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an
amendment to the FY2010-2011 Annual Action Plan to reallocate $307,244.00 in
funding to Demolition, Economic Development and Housing Rehabilitation a ctivities
within the Community Development Block Grant (CDBG) target area.
8.Q. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Servi ces in the amount
$24,762.00 to accept the 2011 Domestic Preparedness Grant from the State Homeland
Security Grant Program to sustain equipment and training for haza rdous materials
incidents and incidents involving weapons of mass destruction.
8.R. RESCIND AGREEMENT PIGGYBACKED ON OAKLAND PARK
WITH O’BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an
agreement with O’Brien’s Response Management piggybacked on an Oa kland Park
agreement for debris monitoring services.
8.S. AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.:
Approval of an agreement with O’Brien’s Response Management for debris monitoring
services, piggy backing the City of Plantation's agreement.
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8.T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND
REISSUE: ON-SITE HEALTH AND WELLNESS CENTER: Rescind the original
Request for Proposal (RFP) and authorize staff to issue a revis ed RFP for services related
to the On-Site Health and Wellness Center.
8.U. RESOLUTION NO. 36-12/GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Approve Resolution No. 36-12 to amend Resolution No.
32-09 and Resolution No. 15-10 to reduce the number of board members on the Gre en
Implementation Advancement Board.
The caption of Resolution No. 36-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTIONS 24-09, 32-09, AND 15-10 REGARDING
THE GREEN IMPLEMENTATION ADVANCEMENT
BOARD IN ORDER TO ELIMINATE TWO BOARD
MEMBER POSITIONS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 36-12 is on file in the City Clerk’s
office.)
8.V. RESOLUTION NO. 37-12: Approve Resolution No. 37-12 supporting
Palm Beach County's continued allocation of $12.50 funds from traffic violati ons to
municipalities to cover municipal radio system expenses.
The caption of Resolution No. 37-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, STRONGLY
SUPPORTING THE COUNTY’S CONTINUED
ALLOCATION OF THE $12.50 FUNDS TO THE
MUNICIPALITIES PURSUANT TO COUNTY
RESOLUTION NO. R-2002-0192, WHICH SERVES TO
ENHANCE THE COUNTY’S INTERGOVERNMENTAL
COMMUNICATIONS PLAN; AND STRONGLY
SUPPORTING THE COUNTY’S DISBURSEMENT OF
THE $12.50 FUNDS TO COVER EXPENSES FOR ALL
MUNICIPALITIES THAT HAVE RADIO SYSTEMS
THAT ARE FUNCTIONALLY INTEROPERABLE
WITH THE COUNTY’S RADIO SYSTEM; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 37-12 is on file in the City Clerk’s
office.)
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8.W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE,
INC./DELRAY BEACH CENTER FOR THE ARTS, INC.: Approve consents to
assignment for the lease and management agreements between the City and Old School
Square, Inc. to reflect the name change to Delray Beach Center for the Arts , Inc.
8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds
for the period July 17, 2012 through August 3, 2012.
8.Y. AWARD OF BIDS AND CONTRACTS:
1. Bid award to DAC Air Conditioning Corporation in the amount of
$233,194.00 for the Police Department Shooting Range
Ventilation Improvements. Funding is available from 334-2111-
521-64.90 (General Construction Fund: Machinery & Equipment;
Other Machinery & Equipment).
2. Purchase award from the Florida Sheriff's Association contract to
Alan Jay Ford in the amount of $136,507.00 for one (1)
replacement Water/Sewer Network Truck with TV Location
equipment. Funding is available 501-3312-591-64.25 (Garage
Fund: Machinery/Equipment/Heavy Equipment).
3. Purchase award to Ag-Tronix in the amount of $49,890.29 for
twelve (12) Irrinet M Station Computerized Irrigation Systems and
two (2) ICC Computer System Laptops for Parks & Recreation.
Funding is available from 119-4151-572-64.90 (Beautification
Trust Fund: Machinery/Equipment/Other Machinery/Equipment).
4. Purchase award to Municipal Equipment Company, LLC in the
amount of $33,130.50 for fifteen (15) sets of replacement
Firefighter Personnel Protective Equipment (Bunker Gear).
Funding is available from 001-2313-522-52.18 and 001-2315-526-
52.18 (General Fund: Operating Supplies/Bunker Gear).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUESTS/ 21 DROPS OFFICE BUILDING: Consider
approval of requests for waivers to Land Development Regulations (LDR) Section
4.6.9(D)(4)(d), “Standard Isle Width”, which requires a standard aisle width of 24 feet for
normal traffic flow with perpendicular parking, and Land Developm ent Regulations
(LDR) Section 6.1.3(B)(1)(f), “Sidewalks”, which requires an 8-foot sidewalk along S.E.
3 rd Street for 21 Drops Office Building located at 290 S.E. 6 th Avenue. (Quasi-Judicial
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Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judicia l Hearing
rules into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished t o
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel, Mrs. Gray, and Mayor McDuffie stated they had no ex
parte communications to disclose. For the record, Mr. Carney sta ted he represented 21
Drops in their purchase of the property and his representat ion ceased at the closing on the
transaction and other than that he has no communication whatsoever. Mr. J acquet stated
he had no ex parte communications.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012-162 into the record.
Mr. Dorling stated this is a request for two waivers in ass ociation with a
Class III site plan modification for the 21 Drops Office Buil ding project located at the
northwest corner of S.E. 3 rd Street and S.E. 6 th Avenue (northbound Federal Highway).
He stated what is being proposed is conversion to office and re tail and as part of that site
plan there are two waiver requests: (1) a waiver to LDR Se ction 4.6.9(D)(4)(d), which
requires a standard aisle width of 24 feet for normal traffic f low with perpendicular
parking, and (2) a waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8-foot
sidewalk along S.E. 3 rd Street. Mr. Dorling stated there is currently back out parking and
what is being proposed is the installation of a 5-foot sidewalk and some parallel parking
which meets the code.
At its meeting of June 11, 2012, the Site Plan Review and Appearance
Board (SPRAB) recommended approval of both the site plan and the tw o waivers. Staff
recommends approval of both waivers.
Richard Jones, Richard Jones Architecture, representing the
applicant, stated this is a former auto repair and one of the first auto Chevy dealerships
in Delray Beach (1950). He stated that Rick Caster (Applica nt) has decided to take on
this project and reposition this property and do some high tec h office space and a
showroom on Federal Highway for the 21 Drops oil line which is an u p and coming
aromatherapy product featured on QVC. Jones stated they are deal ing with an existing
property in trying to maintain the historical significance of it and as such have some
limitations and the waivers respect that.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
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08/07/12
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(speaking as Chairman of Safety as Floridians Expect (SAFE) a bicycle pedestrian
safety group), urged the Commission to deny the applicant’s waiver request for r educing
the sidewalk from 8 feet to 5 feet. Mr. Smith suggested to reduce the depth of the
building by one yard and reduce the travel lanes from 11 feet to 10 feet and reduce the
parallel parking in front by one foot; or, eliminates the four (4) new parallel parking
spaces in front of the building. He urged the Commission to requir e the applicant to
come back with a revised plan and incorporate safer and more bicy cle pedestrian
facilities.
Mr. Jones briefly addressed Mr. Smith’s comments and design
suggestions. Mr. Jones stated they are very conscious of pedestrian as well as vehicular
movement in the downtown. He stated it is important to note that they are not requesting
to reduce what currently exists but they are actually impr oving what currently exists. Mr.
Smith noted that this is one of the few remaining properties w ith back out parking
directly on a right-of-way. Mr. Jones stated with the Federal H ighway improvements
they are going to be getter a wider sidewalk eventually. Ther efore, Mr. Jones stated to
take a historic building and cut it back by 3 feet and make subs tantial structural changes
to it to accommodate an extra 3 feet of sidewalk when they are already providing 5 feet
more than existing does not seem like a feasible solution.
Mr. Frankel asked if the pedestrians and bicycle traffic wi ll be okay based
on the waiver request as well as with the Federal Highway i mprovements coming in the
future. Mr. Dorling stated the 5 feet is adequate in this area and as the applic ant indicated
the sidewalk does not exist today and the level of traffic three blocks south between the
one-way pairs has never been an issue nor does he believe it will be. Mr. Frankel asked if
the pedestrian traffic would increase with the improvements. Mr. Dorling stated along
Federal Highway north and south it is possible; however, he does not s ee a significant
increase east to west in this block.
Mr. Jacquet stated he has similar concerns expressed by C ommissioner
Frankel. In his opinion, Mr. Jacquet stated when the development comes there will be
more foot traffic. Mr. Jacquet stated with regard to the 5 foot/8 foot sidewalk issue and
being that some work is going to be getting done on Federal Hig hway could we possibly
get 8 feet when the work is done. Mr. Dorling stated the 8 foot tha t is being discussed
would be accomplished along Federal Highway so the sidewalk reli ef is being requested
along 3 rd . He stated it cannot be accomplishable in the existing right -of-way. Mr.
Dorling stated it is a good balance because you have a provision of on-street parking
which meets code and you have the ability for pedestrians to walk safely.
Mrs. Gray asked what will happen if there is more construction.
Mr. Carney stated the pediatric center immediately to the w est looks like a
5 foot sidewalk. He stated the sidewalk in Mallory Square meas ures at 5 feet and that
would have a far more dense use and they do not seem to have an increase in traffic there.
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There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public hearing was c losed.
Mr. Frankel stated he supports the waiver requests.
Mrs. Gray asked when the Federal Highway Plan will be star ted and how
far south would those sidewalks be widened. Randal Krejcarek, City E ngineer, stated
within the next couple of months the Commission should see the contract for construct ion
for the start of Federal Highway and the start after that wi ll depend on how quickly the
contracts are executed. Mr. Krejcarek stated the sidewalk widt h is only planned to go 8
feet wide from S.E. 2 nd Street to N.E. 2 nd Street.
Brief discussion between the Commission and staff continued.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
9.B. WAIVER REQUEST/ATLANTIC PLAZA II PLAT: Consider
approval of a request for a waiver to Land Development Regulati ons (LDR) Section
2.4.4(E)(5)(a), “Abandonments, Final Plats, Variance”, to extend the t ime frame
for recording the Atlantic Plaza II Plat by an additional nine (9) months. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel stated he met with the developer Mr. Bill Morris and he
had the gentleman representing the Edwards Group they brought in from Columbus and
had a meeting in general the entire changes that they making to the project. Mrs. Gray
stated she met with the same people as stated by Commissi oner Frankel. Mayor
McDuffie stated he met with the new contractors from Ohio and als o Mr. Morris. Mr.
Carney stated he met with the same people to discuss their ne w ideas for the development
of the project. Mr. Jacquet stated he met with Mr. Morris and t he gentleman from Ohio
that was involved in the project.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2010-050 into the record.
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Mr. Dorling stated this is a waiver to the timeframe that is necessary to
record an approved plat. The LDRs stipulate that if you approve a plat that it needs to be
recorded within 18 months and this plat was approved by the City Comm ission on March
1, 2011 and is approaching that deadline as of September 1, 2012. Mr. Dor ling stated the
applicant is now redeveloping the site and they would like an exte nsion for 9 months to
that timeframe. He stated given the scale of this project staff feels this is a reasonable
request.
Mike Covelli, President of Covelli Design Associates, Inc., (Ur ban
Planning and Landscape Architects), stated they are working diligently to go through a
lot of the items that are within the current approval and the pur pose of this is to preserve
the existing approvals while they move forward with the revisions to the plan
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, toe please come forward at this ti me.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated this fails the special treatment test that if
they cannot live within the original agreement then they must sta rt over. Dr. Kirson
stated you cannot vary and if they want the 9 month extension that is fine but if they have
to stick with what they had. He stated if they want new designs , etc. they have to start
over otherwise why do we have rules and regulations. Dr. Kirson aske d for a statement
that they cannot come back in the future for any reason for an additional extension.
Mr. Dorling stated the section talks about that this would be a g rant of
special privilege and believes if a similar circumstance came before the Commission they
would be inclined to support this as well. He reiterated that this is not a special privilege
but is something that would be entertained under similar circumst ances with any other
project.
Mr. Jacquet asked if there is anything that we can point to in re cent history
that fit the criteria that would be this out of the “special tr eatment” category. Mr. Dorling
stated he believes under the same circumstances the request would be handled s imilarly.
Mr. Carney briefly discussed the site plan and expressed conc ern over the
precedent where someone can come in and make significant chan ges to a site plan and
not have to go back and get that new site plan certified before t hey have to get in line to
get their plat done. Mr. Dorling stated it will be very simi lar and the only thing that will
change is the easements. Mr. Dorling stated this is a boundary plat with easements and it
will not be significantly different.
Mr. Covelli stated they are talking about the plat and the site plan
certification. Mr. Covelli stated the application has been fil ed for the conditional use
application and they are not looking to circumvent anything. However, M r. Covelli
stated in this case the boundary of the plat is not changing; the easements within the plat
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08/07/12
will change. Mr. Covelli stated they are looking to preserve the existing approval of the
site plan while they are in the process of doing the amendment to the plat and noted it is
very critical to the process.
Mr. Frankel asked if the granting of this waiver allow the pro ject to be
built under any building codes in the city that have been changed to be made more
stringent or a safer project. Mrs. Butler stated if there have been amendments to the
building code since the application was filed, the construction has not started and they
come back in for a new site plan approval they will have to compl y with the new building
codes. Mr. Frankel stated Commissioner Carney has valid points; how ever, based on the
waiver analysis of LDR Section 2.4.7(B)(5) he is stuck with if anot her project of similar
nature came before him he would grant it. Mr. Frankel stated tonight he will support it.
Mrs. Gray expressed concern that if the Commission extended t he 90 days
what real affects will that have and if that came back will it be underneath the same codes
that exist today or would it be under the new code.
Mayor McDuffie stated we are changing from a totally approved p roject to
a plat. He stated this does not skip SPRAB and it was just di scussed that any new LDRs
that have come into place since this project went through the fir st time they would be
required to adhere to. Mayor McDuffie stated in this particul ar case in looking at the
things that we take into consideration pursuant to LDR Section 2.4.7(B)(5) he cannot find
a thing that we violate. He stated the Commission has approved extensions on projects
that have expired and supports this.
Mr. Carney stated as a matter of policy he expressed conc ern over setting
precedent and he understands the importance of this project to the city. Mr. Carney
stated he loves the design and feels this project is going to b e great for the City’s tax
base. However, Mr. Carney stated he needs to look very carefully at what this plat is
going to look like.
There is no Board Order for the extension of the timeframe to re cord the
plat.
Mr. Frankel moved to approve the waiver request for Atlantic Plaz a II
Plat, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
9.B.1. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7 TH AVENUE
RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth
Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E.
7th Avenue pertaining to the site plan certification timeframes for At lantic Plaza II.
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08/07/12
Paul Dorling, AICP, Director of Planning and Zoning, stated this reque st
is to extend the timeframe to obtain site plan certificati on by a period of 270 days. Mr.
Dorling stated a quick summary of time frames regarding N.E. 7 th Avenue is as follows:
(1) provide environmental audit within 180 days of abandonment resolution approva l, (2)
obtain SPRAB approved by 12/01/09, (3) obtain the site plan certif ication within 18
months of SPRAB approval; (4) complete construction of the underground tunne l under
relocated N.E. 7 th Avenue within three (3) years of site plan certification (thi s is the “no
turn back deadline”); substantial completion of the relocated N.E. 7 th Avenue within 2
years of the “no turn back deadline”.
Mr. Carney stated he understands that this is tied to the other s ite plan and
why they want to preserve the rights; however, this is the six th amendment and asked if
this is customary and what is the justification.
Mike Covelli stated with regards to the site plan one of the condi tions with
site plan approval is to record the plat for certification. Mr . Covelli stated all the other
items for certification have been satisfied with the excepti on of recording the plat. He
stated they are asking for some time for them to establish t hese revisions. Mr. Covelli
stated as part of the structure of what is going on they have t o preserve the current
approvals.
Mr. Carney asked if there are any of the rights that are b eing reserved that
by extending this that would be otherwise unavailable today to any one because of some
change in the Land Development Regulation or policies of the Pl anning and Zoning
Department. Mr. Dorling stated there have been changes to the L DRs which given the
approval date of this project would not be something that would be se en on a site plan.
For example, Mr. Dorling stated if a landscape plan has cha nged; if they came in and the
new plan that they are proposing meets those new requirements t his old one does not.
Mr. Carney asked if there anything now that one could no longer get r egardless of what
their proposal is. Mr. Dorling stated say the parking lot la yout that they are proposing
wouldn’t be allowed now because a new landscape code would require different things.
He stated those sorts of changes would apply throughout the sit e plan as currently
approved and are being accommodated with the revision. Mr. Dorling s tated he is not
aware of anything other than those sorts of changes that the Comm ission would consider
substantial.
Mr. Carney inquired why this item was placed on the Consent Age nda.
Mr. Dorling stated because the past five extensions were on the Consent Agenda. Mr.
Carney suggested that when we are going into multiple amendments a nd when we get to
the point of doing things beyond our usual practice those should be plac ed on the Regular
Agenda.
Mr. Frankel moved to approve Item 9.B.1. (formerly Item 8.B.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; M ayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
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At this point, the time being 7:27 p.m., the Commission moved to Item
10, Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the F Y 2013 Proposed Budget
at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, stated
the fire assessment was a bad idea 2 years ago and a bad i dea today. Mr. Smith stated it
is a fee/tax and it will be around forever and will only go up. He stated instead he urged
the Commission to go back and drill down or use Mr. Smith’s new budget t ool to get to
those non-essential expenses. Mr. Smith urged the Commission to make the pledge to
replenish the City reserve account for all funds taken from it t o balance the 2013 budget
by requesting that all mid-year budget surpluses and 50% of all future construction
property tax revenues be credited to the reserve until the r eserve account has been fully
restored.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated the City has $12 million in Enterprise and
Trust Fund and it takes a Commission voted to take funds out of there. Dr. Kirson stated
it involves completing the City’s budget, no taxes, and no fire asse ssments. He stated the
City Commission can find another $1 million and make the effort to s ave Delray Beach
by keeping the employees that we currently have. Dr. Kirs on suggested a 5% pay raise
from the Mayor to the part-time employee; $2.4 plus $1 million i s in the Enterprise and
Trust Fund. He feels there is no need for any kind of tax increase.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
thanked the City Manager for his service with the City of Delray Beach.
Secondly, Mrs. Odom stated as a taxpayer of the city because she values
the city and its employees. She stated that is how the city is going to have to balance the
budget is people. Mrs. Odom stated she is in favor of the fire tax and feels the employees
of this city are worth her $7.00. She stated she is willing to mai ntain the integrity of this
city, the projects, and everything she has done her entire life here.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL
33483, thanked the City Commission for their work on the budget. She concurre d with
comments expressed by Mr. Smith and stated we do not need a fire tax at this point. Ms.
Morrison stated until there is a major overhaul in some of the city operations t hese budget
issues and spending what appears to be out-of-line spending in comp arison to income are
going to keep coming up. She stated Parks and Recreation is over 14% of the City’s
budget; we have 43 parks and we do not know how often they are used b ecause the City
only keeps track of the beach which has $1.8 million visitors last y ear. She stated
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08/07/12
currently there is four layers of management overseeing the downtow n area; CRA, DDA,
and the Delray Beach Marketing Cooperative (DBMC) all of w hich derive money from
the City and taxpayers to oversee the downtown and asked if we need four different
administration charges looking over the downtown. Ms. Morrison stated thi s needs to be
revamped so that it is more streamlined. She stated there are parts of the city that are
west of the CRA boundaries and suggested moving the boundaries very slowly to the
west the City can recoup some of the eastern property tha t is currently CRA. Ms.
Morrison stated pension costs in the fire-rescue department ar e 40% of the regular
salaries; police 38.6%. She feels there are several ways t o streamline our spending in the
city but this is going to take time.
10.B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED ANNUAL ACTION PLAN FY 2012-13: Consider approval of the
CDBG Consolidated Annual Action Plan FY 2012-13 as required by the Unite d States
Department of Housing & Urban Development (HUD) for utiliza tion of federal grant
funds.
Lula Butler, Director of Community Improvement, stated this ite m is for
approval of the CDBG Consolidated Annual Action Plan for fiscal year 2012-13 as
required by the United States Department of Housing & Urban D evelopment (HUD) for
utilization of grant funds. The Act requires that municipalities that receive these funds
comply with 24 CFR Part 91 that governs plans submissions and the A nnual Action Plan.
Mrs. Butler stated there is a citizen participation process that is the component of this and
staff advertises the proposed budget as part of the newspa per for a 30 day period. Mrs.
Butler stated staff held a public meeting on May 21, 2012 in c onjunction with the
Neighborhood Advisory Council (NAC) on the proposed budget. She sta ted the NAC
unanimously endorsed the proposed budget as submitted and staff pro poses the use of
$413,140 that has been allocated which is a substantial reduction from l ast year. Mrs.
Butler stated funds are proposed to be 20% for administration $82,628; housi ng rehab
$268,000; public service $61,971 for a total of $413,140. Staff recommends appr oval of
the CDBG Consolidate Annual Action Plan for fiscal year 2012-13.
Mr. Frankel inquired why staff advertises in the Palm Beach Pos t versus
the Sun-Sentinel.
Mr. Carney stated since the City is receiving a smaller amount how is this
impacting the way staff is trying to run the program. Mrs . Butler stated staff had to
eliminate a position because they cannot afford the positions that they have and have also
spread the salary of a couple of other positions to other progr ams and noted they had to
streamline their process.
Mr. Frankel moved to approve the CDBG Consolidated Annual Action
Plan 2012-13 as required by the United States Department of Housing & Urban
Development (HUD) for utilization of federal grant funds, seconde d by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
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08/07/12
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed wit h a 5 to 0
vote.
10.C. ORDINANCE NO. 21-12: Consider a privately-initiated amendment to
the Land Development Regulations (LDR) to create Section 4.5.19, “Linton
Development Overlay District”, and amend Section 4.4.9, “General Commercial (GC)
District”, Subsection (G), “Supplemental District Regulati ons”, to limit the Floor Area
Ratio (FAR) to 0.36 for non-residential uses within the Lintco Develop ment Overlay
District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue.
The caption of Ordinance No. 21-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY ENACTING A NEW SECTION 4.5.19, “LINTCO
DEVELOPMENT OVERLAY DISTRICT”, TO CREATE
A NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”,
SUBSECTION (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”, TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
WITHIN THE LINTCO DEVELOPMENT OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 21-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a
privately initiated amendment to the LDRs that will restrict the non-residential
development intensity on properties created within a newly c reated Lintco Development
Overlay District and amend Section 4.4.9, “General Commercial (GC ) District”,
Subsection (G), “Supplemental District Regulations”, to limit the Fl oor Area Ratio (FAR)
to 0.36 for non-residential development within the Lintco Development Ove rlay District,
located at the northwest corner of Linton Boulevard and S.W. 4 th Avenue. Mr. Dorling
stated this was a follow-up amendment to a Comprehensive Plan Am endment 2010-1 and
approved on December 14, 2010. He stated that was a change to the land use designation
to GC and as part of that there was a change to the language i n the Comprehensive Plan
which applied this 0.36 maximum intensity. The regular genera l commercial designation
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in the Comprehensive Plan has maximum FAR of 3.0 and for traffic c oncurrency issues
this parcel would not have been able to be developed at that intens ity therefore the
change was supported with the reduction in that overall FAR.
At its meeting of June 18, 2012, the Planning and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 21-12,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 21-12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet
– Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 22-12: Consider a privately-initiated amendment to
the Land Development Regulations (LDR) to create Section 4.5.20, “Wa terford Overlay
District”, and amend Section 4.4.25, “Special Activities District (SAD)”, Subsection (E),
“Supplemental District Regulations”, to limit the non-residentia l Floor Area Ratio (FAR)
to 1.32 and residential density to 12 units per acre within the Waterf ord Overlay District,
located south of Linton Boulevard, east of I-95.
The caption of Ordinance No. 22-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY ENACTING A NEW SECTION 4.5.20,
“WATERFORD OVERLAY DISTRICT”, TO CREATE A
NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD)”,
SUBSECTION (E), “SUPPLEMENTAL DISTRICT
REGULATIONS”, TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
AND RESIDENTIAL DENSITY WITHIN THE
WATERFORD OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-12 is on file in the City Clerk’s
office.)
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The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is similar
to the previous request; however, it involves the Waterford Overlay District which will be
created on this parcel which is immediately behind the Office Depot site. Mr. Dorling
stated this was also part of the Comprehensive Plan Amendment 2010-1 that was
approved by the City Commission on December 14, 2010. He stated at that time the land
use designation was modified from transitional (TRN) to genera l commercial (GC) and
there was a similar text amendment in the Comprehensive Plan t o limit the intensity from
the 3.0 allowed in other GC areas to 1.32. This amendment also includes a n amendment
that restricts the residential development to 12 units to the ac re. Mr. Dorling reiterated
that this is the follow-up LDR amendment creating the district and identifying those
language limits.
At its meeting of June 18, 2012, the Planning and Zoning Board
considered this item and recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 22-12,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 22-12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel
– Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 23-12: Consider a city-initiated amendment to Land
Development Regulations (LDR) Section 2.4.3(K)(1), “Development Applications”,
Section 2.4.3(K)(3), “Permit Fees”, and Section 6.3.3, “Sidewalk Café”, Su bsection (A),
“Permit and Fees”, to provide for an increase in certain develop ment application and
permit fees and increasing the permit fee assessed per squa re foot of approved sidewalk
café space.
The caption of Ordinance No. 23-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (K), "FEES",
PARAGRAPH (1), “DEVELOPMENT APPLICATIONS”
AND PARAGRAPH (3), “PERMIT FEES”; AND
SECTION 6.3.3, “SIDEWALK CAFÉ”, SUBSECTION
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(A), “PERMIT AND FEES” TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION
AND PERMIT FEES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 23-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this modi fies
three sections of the LDRs and adds two fees under Development Ap plications which is
the Planning and Zoning application fees; it also modifies the per mit fees which is the
Building Department permit fees and modifies the sidewalk café permit requirement. He
stated under the development application section there is a prop osal for two feet
increases; one a $50.00 increase in the beach overlay review fee a nd is a result of the
contract the City has with Urban Design Kilday Studios. Mr. Dor ling stated there is a
new fee for modifications to approve redevelopment plans. He sta ted the review process
is a kin to modification of the Comprehensive Plan and we do not have a fee for that. Mr.
Dorling stated there are also some changes to the building depart ment fees. He stated the
building department did go out and did an analysis of adjacent commu nities including
Boca, Boynton, Palm Beach Gardens, Deerfield Beach, Pompano Beac h, West Palm, and
Palm Beach County and they adjusted our fees accordingly and Delray Beach is slightly
above the mid-range of those average fees in other communities. Mr. Dorling stated the
last fee was a request to raise the sidewalk application fe e which is now $4.50 per square
foot for sidewalk café raising it to $4.75 per square foot.
At its meeting of June 18, 2012, the Planning and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483
(Chairman of the Financial Review Board (FRB), stated they agree with staff on the
local business taxes; with the addition of the new Code Enforcement Officers and
Inspectors the FRB would like the City to take the code violation fi rst offense to the State
max of $250. Ms. Morrison stated there is currently a one-tier cha rge of an application
plus a per square foot fee and the FRB is asking that the City consider making it a two-
tier fee and that if the sidewalk café is on City owned prope rty that the fee be $7.00 per
square foot; if it is on private property that it stay at t he $475 no matter where it is within
the city. Ms. Morrison stated the Board concurs with staff’s r ecommendation regarding
the building fees and the plan reviews. She stated they would like to see a fee
implemented for a tech fee so that builders could submit their plans onli ne. Ms. Morrison
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stated the FRB did not want to see an increase in building permit s because things are
starting to happen in the city and the Board did not want to negatively impact that role we
are on in any way.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 23-12, the public hearing was closed.
Mr. Carney asked staff if he has heard from the impacted busine sses that
use sidewalk cafés and thoughts on this proposal to increase those f ees. Mrs. Butler
stated she had not received any. Mr. Carney suggested having a higher fee to the extent
that sidewalk cafés are on city-owned property versus private property. Mr. Dorling
stated in this case the sidewalk cafés are on public prope rty. Mrs. Butler stated staff
would have to do an analysis to see the percentage that is on priva te property versus
public property.
Mr. Jacquet echoed comments expressed by Commissioner Carney. Mr.
Jacquet stated this is a great opportunity for us to raise revenue and also to not penalize
those who are not within the CBD (Central Business District) and who want to operate
sidewalk cafés.
After brief discussion, Mrs. Butler stated in approximately 60-90 staff can
bring back to the Commission.
Mr. Carney moved to adopt Ordinance No. 23-12 on Second and FINAL
Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote.
At this time, the time being 7:55 p.m., the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. City Manager’s response to prior public comments and inquiries.
Doug Smith, Acting City Manager had no response to prior public
comments and inquiries.
11.B. From the Public.
11.B.1. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, read a letter into the record for a friend quoting
Mayor McDuffie in the Sun-Sentinel. Mr. Blum asked if the Commi ssioners have
provided a written legal opinion that the City can extend the Was te Management contract
without competitive bids.
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Secondly, Mr. Blum requested that in two weeks when the Waste
Management issue comes on board that it be put either away from the Regular Agenda or
an exception is made on the regular agenda so the Commission can hear comments from
the public.
Mr. Blum stated the Solid Waste Authority (SWA) has said that there is
approximately 4 other people/companies that can do the same w ork and he is strongly in
favor of putting the Waste Management contract out to bid.
11.B.2. Fran Marincola, Beach Property Owners Association (BPOA), stated
the BPOA has had a problem with the pavilion and it has been tw o years and the BPOA
has run two private fundraisers and they have given the money to the city. M r. Marincola
stated the project is moving very slow and noted it is in the budg et and has been
earmarked. He urged staff to see what can be done to speed up this project.
11.B.3. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, stated
in the past when there were a lot of hurricanes that would come t hrough they would leave
the barrier islands pack up and leave until it was over. Mr. B ennett stated on one of those
occasions he called the non-emergency Police number and asked have t he Police have
opened it up and allow people go back to the barrier island and they did not know.
Secondly, Mr. Bennett asked the Commission how they are going to go
about picking a replacement for the City Manager. He stated a lot of organizations or a
search committee made up of various stakeholders and feels that w ould include citizens,
the business community, and City employees among others. Mr. Benn ett commented
about the City Manager’s process and encouraged the Commission that whatever route
they go that it has transparency.
11.B.4. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, asked
the City Manager’s office to prepare a 10-year historical cost analysis and a 10-year
projection of the tennis center’s financial operations including all direct/indirect capital
expenditures and CRA funds. Also, to prepare two 10-year projecti ons based on the
following: (1) selling the entire tennis center complex for $1.00 based on a restricted use
as a tennis center or (2) selling the tennis center for $1.00 base d on a mixed-use
development consistent with adjoining property. Mr. Smith reque sted any narrative
justification of why the tennis center should continue to be operated in a public sector.
11.B.5. Reginald Cox, 715 Martin Luther King, Jr. Drive, Delray Beach, FL
33444 Chairman of the West Atlantic Avenue Redevelopment Coalition (WARC),
stated he is responding to a community request from last fall during the hotel
presentations. Mr. Cox stated the relevance of WARC to this com munity first and
foremost is inclusiveness for the community. He stated at the la st joint CRA Workshop
last month he accepted that call from the community and called for a joint community
meeting to take place on September 8, 2012 to review the developm ent plans that we
currently have in place as it relates to the western community. Mr. Cox stat ed they would
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like to take a look at those plans and make necessary adjustment s to today’s assumptions
and collect a shared vision from all the stakeholders.
11.B.6. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483
representing the Beach Property Owners Association (BPOA), stated not all contracts
have to go out for bids; if they are small enough they may not me et certain criteria. Mr.
Katz stated this is a large contract and in terms of good manag ement and best practices
the BPOA believes that this should be a contract that goes out for bids.
11.B.7. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly commented about how everything has been
handled with Waste Management.
Mr. Carney commented on concerns expressed by Mr. Marincola ab out
the beach pavilion. Mr. Carney stated he was pushing for the f unds for the pavilion with
the support of the Commission and noted he has been monitoring it. Mr. C arney read
into the record an update from Mr. Hasko regarding the beach pavilion.
At this point, the time being 8:14 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. WAIVER REQUESTS/CHASE BANK: Consider a request for waivers
to Land Development Regulations (LDR) Section 4.6.7 (E)(7), “Desig n Standards
Matrix”, to allow three (3) flat wall signs to be placed on el evations that are not facing a
dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6),
“Nameplates”, to allow more than one nameplate on the building fo r Chase Bank located
5070 West Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this is a request
for consideration of the waiver request to the LDRs Section 4.6.7(E)(7) to allow three flat
wall signs to be placed on elevations that do not face a dedica ted street and Section
4.6.7(H)(6) to allow more than one name plate on a building for Cha se Bank located at
5070 W. Atlantic Avenue. Mrs. Butler stated this business will be located in the Delray
Commons Plaza that was annexed into the city in 1991. The development includes three
out parcels (Burger King, National Riverside Bank, and the Shell Ga s Station). On
August 3, 1999, the Commission approved a subdivision plat for the shoppi ng center
which created the Riverside Bank building as a separate parc el. She stated Chase Bank
will now be moving into this existing building. Mrs. Butler stated the proposed sign
package was reviewed by the Site Plan Review and Appearance Board (SPRAB) at their
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regular meeting on July 25, 2012. Mrs. Butler stated the sign package consisted of seven
(7) signs (1 free-standing, 4 flat wall and 2 nameplates) that r equire permitting; staff has
identified them as A-G for clarity. Mrs. Butler stated signs A, E, and G (flat wall to be
erected on the north elevation; one free standing and name plate sign s) are allowed by
code, thus do not require a waiver. Mrs. Butler stated tonight they ar e talking about signs
B, C, and D (all flat wall signs proposed for the South, East, a nd West elevations) and the
second name plate that is going to be on the south elevation of the building. She stated
SPRAB voted in support of the waivers for all three flat signs to be erected on the South,
East, and West elevations and including the second name plate to go on t he building.
Mrs. Butler stated the code says that waivers under LDR Sect ion 2.4.7(B)(5) requires that
prior to granting a waiver, the granting body shall make a finding that the granting of the
waiver (a) shall not adversely affect the neighboring areas, (b) shall not significantly
diminish the provision of public facilities, (c) shall not crea te an unsafe situation; and (d)
does not result in the grant of a special privilege that the s ame waiver. Mrs. Butler noted
that a letter justifying Chase Bank’s position for the waiver s. Staff recommends approval
of the required waiver to LDR Section 4.6.7(E)(7) for a flat wall sign on the East
elevation; however, staff recommends denial of the waiver request for the flat wall sign
proposed for the West elevation. Staff concurs with SPRAB’s de cision to allow the
waiver to LDR Section 4.6.7(H)(6) allowing a second nameplate on the building as
requested. The flat wall sign proposed for the South elevation s hould be reduced to the 9
feet allowed by code because it is the rear elevation of the bank building. Mrs. Butler
stated the reason staff supports the east elevation is beca use the building is unique for a
bank and you can the east elevation going south on Military Trail; on the west elevation
the reason staff recommends denial is because you cannot see that sign unless you are in
the parking lot.
At this point, the Commission took a short break.
Beth Edwards, Siegel Lipman, Dunay, Shepard, & Miskel, LLP, 5355
Town Center Road, Boca Raton, FL 33486 (applicant), stated they are requesting the
waivers that staff described for the Chase Bank going in at 5070 West Atlantic Avenue
located on the southwest corner of Military Trail and Atlantic Av enue. Ms. Edwards
stated the sign that would be permitted incongruous with the City’s vision aesthetically.
She stated they would be permitted a sign at 160 square feet and it does not fit on the
existing building. Ms. Edwards stated they are requesting is to allocate their signage 26
square feet to the north, 26 square feet to the south, approximately 37 square feet to the
east, and the same to the west (total of 125 square feet plus or m inus 35 square feet less
than what would be permitted by Code on the front elevation. Ms. Edwar ds stated on the
south elevation they are requesting that the sign be 26 square feet and it is all owed to be 9
square feet due to visibility issues and they are asking that this sign size be increased.
She stated for the east elevation coming in from the east it is very difficult to tell that the
bank is a bank. Ms. Edwards stated this will promote safe and e fficient traffic flow and
they believe this is the same for the west elevation and it i s difficult due to the tree
coverage to see that monument sign when coming from the west on Atlant ic Avenue.
She stated the name plate signs that they are asking for they want to put one on each
entrance so that everyone entering the bank can see that this is the type of branch. Ms.
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Edwards stated with regard to the southeast entrance and a 9 square foot sign would not
be large enough for someone coming from that distance to identify the bank and safely
travel to the bank. She stated with regard to the northeast entra nce and they are
requesting the eastern sign. Ms. Edwards stated the signs would be vital to the banks
success and they are needed to easily identify and navigate rega rdless of which direction
you are coming from. She stated they believe that the signage is consistent with the
surrounding area and there are several establishments in the area that have multiple signs
at about this scale. Ms. Edwards stated they feel the proposed s igns are the right scale for
the building and they are reallocating signage that they would b e permitted on the north
entrance. Ms. Edwards stated SPRAB recommended approval of all of the waivers and
urged the Commission to approve.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forwar d at this time. There
being no one from the public who wished to address the Commission re garding the
waiver requests, the public hearing was closed.
Mrs. Butler stated the City does allow flat wall signs up to 160 square feet
based on the width and the height up to 15 feet of the building. She stated on that
building they could not have gotten a sign that large because it would have been out of
scale. Mrs. Butler stated if the Commission grants the signs on all four sides where there
is not a particular hardship they could be setting a precedent. Staff supports a couple of
the waivers but they do not support the sign on the west elevation.
Mr. Frankel stated he agrees with Mrs. Butler’s recommendation to allow
the waivers for those two sections but he concurs with SPRAB’s decision about the
denial of the flat wall sign proposed for the west elevation.
Mr. Carney concurs with staff.
Mr. Jacquet stated he agrees with the comments that have been ma de and
asked why the sign on the west elevation so important and could that really create a
hardship. He stated he understands staff’s position and it does not se em as if they really
need that sign on the west side of the building. Ms. Edwards state d the sign on the west
is to provide visibility for those coming from the west. She sta ted when you are coming
from the west you cannot see because the front building sign is located on the west side
of the building where it makes sense to be located so as not to be blocked by trees. Mr.
Jacquet asked about the language of the ordinance with regard to the signage. Mrs.
Butler stated all the flat wall signs on any elevation are r equired to face a dedicated street
and it is before the Commission now because it is interior to the parking lot. He inquired
about the south elevation sign. Mrs. Butler stated with regard t o the south elevation sign
you are allowed to have a 9 square foot sign on the rear of the building and they are
proposing a 26 square foot sign and staff feels they should be requi red to reduce that so
they can come into compliance with code and they should not have to have a waiver for
that. Mrs. Butler stated you see the building from the parki ng lot of the shopping center
that it is located in and it is strictly vehicular traffic. Mrs. Butler stated she believes that
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the sign is adequate for people who get out of their vehicles to walk up to the ent rance.
For clarification, Mr. Frankel stated he understands that SPRAB would
have allowed the waiver but he supports staff’s recommendation for denial on the west
based on the evidence and facts stated.
Mr. Jacquet stated the Commission spoke briefly about the Advisory
Board’s and the Commission taking their opinions and advice. Mr. Jacque t inquired
about SPRAB’s discussion. Mrs. Butler stated SPRAB supported all three waive rs.
At this point, Chevelle D. Nubin, City Clerk swore in those individua ls
who wished to give testimony on this item.
Jennifer Buce, Community Improvement, stated SPRAB had a concern
with the free standing sign that was allowed by Code.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented (denies t he
waiver for the south and west elevations but approves the waivers to the east and the 2
name plates), seconded by Mr. Frankel. Upon roll call the Commis sion voted as follows:
Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes. Said motion passed with a 5 to 0 vote.
9.D. CONTRACT CLOSEOUT/SPEARHEAD DEVELOPMENT
GROUP, INC.: Consider approval of a contract closeout with Spearhead Development
Group, Inc. due to failure to fulfill contractual obligations, fa ilure to complete work and
liquidated damages regarding the Community Improvement S.W. Area Si dewalk Phase II
Project.
Randal Krejcarek, City Engineer, stated this is contract t hat had an
amended completion date of November 2011 and after numerous tries to tr y and get the
contract to finish the work up staff the work was 95% complete. Mr. Krejcarek stated the
amended completion date was November 2011 and after numerous tries to try and get the
contractor to finish the workup staff and got him to 95% around Februar y and got him to
a place where staff thought was good enough for completion Apri l 2012. Since April
2012, staff has been asking for the close-out documents on this contract and staff has not
received anything from the contractor since April. Mr. Krejc arek stated staff requests to
close-out the contract and it would be an unpaid balance of appr oximately $28,000.00.
He stated the contract was 100% funded with Community Development Bl ock Grant
money and the money would be going back into that fund.
Mr. Jacquet asked if we are losing any money. Mr. Krejcarek stated t he
City is not losing any money.
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Mr. Carney moved to approve the contract closeout with the City of
Delray Beach and Spearhead Development Group, Inc., seconded by Mr. Frankel. Upon
roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie - Yes; Mr. Carney – Yes. Sai d motion passed with a 5 to 0
vote.
9.E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO. 19-12:
Consider a request for reconsideration of Ordinance No. 19-12.
Mr. Jacquet moved to reconsideration, seconded by Mr. Carney. Upon
roll call the Commission voted as follows: Mr. Frankel – Yes; Mr s. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said mot ion passed with a 5 to 0
vote.
Prior to the vote, the following discussion ensued.
Mr. Frankel stated the reason he did not offer a motion or a second i s that
he is still concerned about the safety and potential crime of an y 24-hour business
including a hotel right near I-95. He stated he was promised data regarding this and to
this date has not received any but that is not to say that he w on’t. Mr. Frankel stated
while he is in favor of reconsideration based on the circumstances and conversations if
the Commission was to vote on this tonight based on the issue he would s till not be in
favor of it. Mr. Frankel stated he needs accurate data that a 24-hr business or a hotel
located a block or two from I-95 would not provide a direct get-a-way for any potential
perpetrator of crime to leave. Mr. Frankel stated Lyle Sumek stated at hotel in Boynton
Beach right off I-95 and his care was broken into and they stole some items. Mr. Frankel
stated the Commission is critiqued that they do not state their p ositions and that they are
not available. Mr. Frankel stated he is always out there, willing to talk to somebody, and
is direct.
Mrs. Gray stated everyone knows where she stands on this project and
when the project first went out for the RFP and came back wit h two respondents there
were some issues. Mrs. Gray stated she will reconsider t he vote. She expressed concern
that the City has been making all kinds of concessions and provisions for this project and
she expressed concern over the RFP process when it had gone out and now we are
actually adding another piece of property. Mrs. Gray stat ed the CRA does not have a
viable project so that concerned her even more so because now this hotel is going out
again by itself. She stated in Pineapple Grove everything els e was built around the hotel
first. Mrs. Gray stated she is afraid of what this would be if the City does not develop
anything else around a hotel that would be $100 a night.
Mr. Frankel stated after his discussion with Diane this morning while he
expressed his concerns she felt that at some point that it may come back in front of the
Commission to put in restrictions, etc. Mr. Frankel stated afte r he spoke to the City
Attorney regarding this and he said potentially based on lower boa rds that the
Commission would never see it again. He stated if the Commissi on shares his concerns
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with specific things that need to be put in or anything of the li ke he would like that to be
addressed in two weeks if the Commission reconsiders this.
Mr. Dorling stated a hotel use is actually a conditional use s o it needs the
approval of the Commission and at that time it is appropriate to address all the security
issues.
Mr. Carney stated the City has charged the CRA with certa in
redevelopment functions and whether the Commission votes for the project or do not vote
for the project it really needs to be fully understood and discusse d and it has to come
back as a conditional use. Mr. Carney stated the Commission will have the opportunity
at that point that if the Commission has security concerns to addr ess it with lighting,
gates, or security guards and impose those as conditions that are manageable by the
developer. Mr. Carney concerns with Commission Gray that the re is always going to be
challenges for the first building into an area which is yet redevelope d.
Mr. Jacquet stated he had the opportunity to speak to Vin Nolan of the
CRA, the developer, and some community residents and they shed some light on what is
going on with this project. Mr. Jacquet stated he sheds some of the same concerns his
fellow Commissioners share such as safety and believes the Pol ice Department is very
instrumental in giving the Commission some “heads up” on potential problems and also
letting them know if they think this is an issue that they woul d not have a problem
dealing with. Mr. Jacquet stated with regard to cars getting broke n into that happens
everywhere. He stated there is a problem when you have run down cheap motels near a
major highway but when you look at the City’s crime stats regar ding car burglaries it
happens in the northeast area of town not necessarily West Atlanti c Avenue. Mr. Jacquet
concurred with Commissioner Gray’s comment that with Pineapple G rove we do see the
difference in the process. He stated everything else was built and then came the hotel.
Mr. Jacquet stated it would have been good to do the same thing wit h West Atlantic
Avenue. He stated he would like to see this move forward and feels it is in the right
direction of the Commission doing what they know is best for the entire city.
Mayor McDuffie stated this changes the RFP
Mrs. Gray asked if this changes the RFP and stated she would li ke to
know all of the incentives that were given. She stated this project has been taking a while
because when the RFP went out they had to have the financing and pa rking in place and
because those things were not in place it has taken 2-3 years to get this project to move
forward. Mrs. Gray stated she would like to have all of those thing s in place in the next
two weeks.
Mr. Jacquet stated whether the Commission decides to approve this or not
he thinks this is a necessary step to move it forward.
9.F. 2012 BEACH RENOURISHMENT FILL EVENT PROJECT:
Provide direction on the upcoming Beach Renourishment Fill Event Project.
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Paul Dorling, AICP, Director of Planning and Zoning, stated staff is
seeking direction on the upcoming Beach Renourishment Fill Event given the current
status of the Federal share of the project. Mr. Dorling state d the plans and specs have
been completed and staff has DEP and Army Corps permits in p lace. He stated those
permits are good for a ten year period. Mr. Dorling stated thr ee bidding companies came
in with bids that were very competitive and close. The winning bi d was Great Lakes
Dredge & Dock, LLC with a construction cost of $8,820,110 in November w ith a drop
dead date start of December 1 st . Mr. Dorling stated this is a reimbursable project and the
Federal Government pays 56.33% of that and the State pays 50% of the non -Federal
share and the County picks up the other 50% of the non-Federal share. He stated the City
borrows the money and pays the interest fees while the reimbur sements are sought and
provided. Mr. Dorling stated in this situation the City has a commi tment from the
County for their 50% of the non-Federal share for approximately $2,000,000 and a
commitment from the State for a little of $2,000,000 and that was part of a DEP
agreement that the City Commission considered a couple of weeks a go on June 18, 2012.
He stated the balance of that is $5,188,207 which would be the Federal share and to date
that is not committed. Mr. Dorling stated the City has been hist orically successful in
adding that through Congressional ads; the ability to do that is now prohibited so s taff has
not been successful with getting the Federal share of the mone y by that method. He
stated in absence of that it needs to be in the President’s budg et or in the Army Corp’s
work program. Mr. Dorling stated there were a few project s that were included in the
President’s budget but not this one. He stated from a staff level we have been successful
in getting it into The Army Corp’s work program. Mr. Dorling s tated staff would like
direction as to whether the City is going to move forward with the project in November
or December.
Rick Spidoni, Contractor with CPE (Coastal Planning and
Engineering), gave a brief presentation and showed slides of the mean high w ater line
that they do not want to erode past. Mr. Spidoni stated once they st art eroding past this
line they run into a situation where they are not providing the storm protection they are
obligated to provide through the City’s contract with the US Army Corps of Engineers
signed in 1973. Mr. Spidoni stated this entire beach
Mr. Spidoni stated in the United States there were four (4) poten tial bidders in the United
States; four (4) of them attended the pre-bid meeting and three (3) of them bid. He stated
the reason for that is the type of equipment they use has to be a large cutter head dredge
Ocean certified. Mr. Spidoni stated with Federal public mone y being accepted for the
project they cannot use foreign dredges. Mr. Spidoni stated the winning bidder was Great
Lakes Dredge and Dock, LLC. He stated their estimate was $9 million and the bid was
$8.8 million. Mr. Spidoni stated Tropical Storm Debbie has changed the picture
drastically on the west coast of the United States and there a re a lot of projects that are
going forward on an emergency basis being funded through the Federal Emergency
Management Agency (FEMA) and potentially through public law 8499 which is relief in
the event of damage to a storm protection project such as the Beach Renouri shment.
Mr. Dorling stated he gave the Commission the number as it rela ted to the
interest charge for the $5 million federal piece going forward until reimbursement. He
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stated the City’s Treasurer did a projection this morning if t he City did not receive the
Federal share how much that would be over the life of the project (ten year period) and
that is estimated at $600,000 a year over the ten year period to pa y back the Federal share
if we were not successful in the reimbursement of that piec e. Mr. Dorling stated the City
has and LCA (Local Cooperation Agreement) which is a local coope rative agreement
with them that is valid through year 2023 that says that the Fede ral Government is
committed to providing that if it is appropriated. He stated t he City has been successful
under that agreement in getting reimbursements in the past.
Mr. Smith stated staff can look at hiring an issue specific lobbyist to help
push for that funding at the Federal level.
Mrs. Gray stated at a previous meeting she mentioned in this e conomy
how difficult it is to get dollars from the Federal Government. She supports the City
looking into hiring a lobbyist not only for this project but for other dollars as we ll.
Mr. Frankel stated he recognizes the importance of doing this a nd
expressed his personal desire to go forward. However, Mr. Fra nkel stated based on the
fact that a majority of the City Commission at this current time is looking to make cuts so
as of this date he cannot support going forward spending this kind of m oney. He stated if
the Commission comes back in two weeks with cuts of $2.8 million and t he City has the
money at that point then he would go forward with this but until the m ajority opinion
changes he will not support.
Mr. Carney stated the beach and the renourishment of it is impor tant to
this community. However, Mr. Carney stated the reality is it is a lot of money and feels
that Commissioner Frankel makes a valid point. He stated he is mindful of how
important it is that we do this but economically this is a very tough time.
Mr. Jacquet stated everyone agrees that the beach is at the he art of what
Delray Beach is and how important the beach. However, he stated we do not know if the
money is going to be there and the City could hire issue spec ific lobbyist to make sure
that the money is there but it still would not be a 100% that the m oney would be there.
Mr. Jacquet expressed concern over the City going forward and spendin g money that we
do not have. He stated the dollars are not there and they do not know if i t is going to be
there.
Mr. Dorling stated if the Federal Government came up with the money
two months from now the City may run into some issues because par t of the issue is that
he needs to inform Great Lakes Dredge & Dock, LLC whether they are going to be here
in November or not.
Mayor McDuffie stated the City has to already find $2.5 mil lion on top of
this request and feels this is impossible.
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Mr. Dorling stated the City has to award the bid within 90 days a nd
believes we are at the 60 day mark now so staff would be obliga ted to give them a
decision within those 30 days.
After brief discussion, it was the consensus of the Commission t o not
pursue this at this time with staff and bring back information for the regular meeting of
September 4, 2012.
9.G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a
proposed schedule for the Commission review of the FY 2013 Budget.
Doug Smith, Assistant City Manager, stated this item is to a follow-up
from the August 3, 2012 City Commission meeting regarding an additi onal Budget
Workshop meeting(s). Mr. Smith stated August 28, 2012 was previously m entioned as a
tentative date for a Budget Workshop meeting. In addition, Mr. Smi th stated staff will
plan to have an item on the August 14, 2012 Workshop Agenda for budget discussion.
Mr. Carney asked when the final budget adoption is. Mr. Smith st ated the
final budget hearing is scheduled for September 20, 2012 and noted there i s the
opportunity after the first budget hearing to have an additional di scussion at the
Workshop Meeting in September. Mr. Carney asked when the next official vote is on the
budget. Mr. Smith stated the next official vote on the budget is September 4, 2012 first
budget adoption hearing; the second budget adoption is hearing is Septembe r 20, 2012.
Mr. Frankel stated he does not need a full day because they have done this
three times and have cut. Mr. Frankel stated last week at the Budget Workshop meeting
it was a majority opinion that there are substantial cuts and asked if the City Manager’s
office has received any recommendations as of last week into this week. Mr. Smith
stated he is not aware of any additional cuts and/or suggestions t hat they have received.
In his opinion, Mr. Frankel stated if Mr. Carney has gone through t he budget line item by
line item and he continues to do so his position is that he wants to ma ke substantial cuts,
then he should not wait until August 28 th . Mr. Frankel stated the Commission has cut
approximately $7 million in three years. Mayor McDuffie state d since he has been here
the Commission has cut from $102,000.00 to $91,000.00.
Mr. Carney stated he would like keep August 28 th on the schedule but then
he would like to then have an earlier date because there are a num ber of things that
people have brought to their attention whether or not it is findi ng cuts or whether or not it
is addressing some of these other funds that are out there that mi ght be used. Mr. Carney
stated the Commission needs to sit down and decide as a Board wh at our reserves are
going to be.
Mayor McDuffie stated for the Commission to keep in mind that there are
some guidelines that the people that audit the City take a look a t and see where our
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reserves are and make recommendations as to where the percentage of the reserves are at.
Mr. Smith stated on August 14 th there will be a number of other agenda
items so it will not be just a Budget Workshop meeting. Howe ver, Mr. Smith stated staff
can bring back for the Commission’s information and to start the di scussion some of the
information that is being asked about regarding the reserves and re commended amounts.
Mayor McDuffie stated this is also Election Day.
After discussion, it was the consensus of the City Commission to m eet on
August 17, 2012 at 9:00 a.m. 1 st Floor Conference Room.
9.H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of $762,500.00
in Patricia Miley v. City of Delray Beach. Staff recommends denial.
The City Attorney stated the City has received an Offer of Settlement in
the case of Patricia Miley v. City of Delray Beach. St aff recommends denial of the
Offer of Settlement in the amount of $762,500.00.
Mr. Carney moved to deny the Offer of Settlement in Patric ia Miley v.
City of Delray Beach, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carne y – Yes; Mr. Jacquet –
Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
9.I. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as representation from the Delray Be ach
private sector to the Workforce Alliance Inc. Board of Directors.
Mayor McDuffie stated the only person who is being considered has
withdrawn his name.
The City Attorney stated there is no action that the Commissi on needs to
take.
9.J. APPOINTMENTS TO THE PLANNING & ZONING BOARD:
Appoint four (4) regular members to serve two (2) year terms ending August 31, 2014 to
the Planning & Zoning Board. Based upon the rotation system, the ap pointments will be
made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3),
Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
Mr. Jacquet moved to appoint Derline Pierre-Louis as a regular member to
the Planning and Zoning Board to serve a two (2) year term ending August 31, 2014,
seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
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Mr. Frankel moved to reappoint Craig Spodak as a regular member to the
Planning and Zoning Board to serve a two (2) year term ending Au gust 31, 2014,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Mr. Carney –
Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; M ayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to appoint Thuy Shutt as a regular member to t he
Planning and Zoning Board to serve a two (2) year term ending Au gust 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Jacquet
– Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffi e – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished tore appoint Clifford Durd en as a
regular member to the Planning and Zoning Board to serve a two (2) year term ending
August 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll c all the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
9.K. APPOINTMENTS TO THE SITE PLAN REVIEW &
APPEARANCE BOARD: Appoint three (3) regular members to serve two (2) year
terms ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon
the rotation system, the appointments will be made by Mayor McD uffie (Seat #5),
Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2).
Mayor McDuffie stated he wished to appoint Jose Aguila as a regular
member to the Site Plan Review and Appearance Board to serve a two (2) year term
ending August 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon rol l call
the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuff ie – Yes; Mr. Carney
– Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney moved to reappoint Rusti Kupi as a regular member to the Site
Plan Review and Appearance Board to serve a two (2) year term e nding August 31, 2014,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to appoint Jason Bregman as a regular member to the
Site Plan Review and Appearance Board to serve a two (2) y ear term ending August 31,
2014, seconded by Mrs. Gray. Upon roll call the Commission voted as f ollows: Mr.
Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to serve a two (2) year term ending Jul y 31, 2014 to the Police
Advisory Board. Based on the rotation system, the appointment will be made by
Commissioner Jacquet (Seat #2).
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Mr. Jacquet moved to appoint Samuel Menard as a regular member to the
Police Advisory Board to serve a two (2) year term ending July 31, 2014, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. J acquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
9.M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to a serve two (2) year term endi ng July 31, 2014 to the
Public Art Advisory Board. Based on the rotation system, the appoint ment will be made
by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Carolyn Pendelton-Parker as a regular
member to the Public Art Advisory Board to serve a two (2) y ear term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney –Yes; Mr. Jacquet
– Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to serve a two (2) year term ending July 31, 2014 to the Education
Board. Based upon the rotation system, the appointment will be made by Commissioner
Carney (Seat #1).
Mr. Carney moved to appoint Kevin Warner as a regular member to the
Education Board to serve a two (2) year term ending July 31, 2014, sec onded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mrs. Gr ay – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
9.O. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to an unexpired term ending July 31, 2013 to t he Financial
Review Board. Based on the rotation system, the appointment will be made by
Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Selma Snow as an alternate membe r to the
Financial Review Board (FRB) to serve an unexpired term ending J uly 31, 2013,
seconded by Mr. Frankel. Upon roll call the Commission voted as foll ows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
9.P. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE: Appoint six (6) regular members to serve two (2) year terms ending
July 31, 2014 to the Affordable Housing Advisory Committee. Based upon t he rotation
system, the appointments will be made by Commissioner Carney (Seat #1),
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
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Mr. Carney moved to reappoint Evelyn Dobson as a regular member to the
Affordable Housing Committee to serve a two (2) year term e nding July 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr. Carney
– Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to reappoint Alberta McCarthy as a regular member to
the Affordable Housing Advisory Committee to serve a two (2) ye ar term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr.
Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes; Mr. Carney
– Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to reappoint Clifford Durden as a regular membe r to
the Affordable Housing Advisory Committee to serve a two (2) ye ar term ending July 31,
2014, seconded by Mr. Carney. Upon roll call the Commission voted as f ollows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet
– Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Colson Zulmar as a regular member to the
Affordable Housing Advisory Committee to serve a two (2) yea r term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as f ollows: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel
– Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to appoint Dorothy Ellington a s a
regular member to the Affordable Housing Committee to serve a two (2) year term
ending July 31, 2014. Mr. Frankel so moved, seconded by Mr. Jacquet. Upon roll call
the Commission voted as follows: Mayor McDuffie – Yes; Mr. Car ney – Yes; Mr.
Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said mot ion passed with a 5 to 0
vote.
Mr. Carney moved to reappoint as a regular member to the Afford able
Housing Committee to serve a two (2) year term ending July 31, 2014, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Ca rney – Yes; Mr.
Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes. Said
motion passed with a 5 to 0 vote.
9.Q. APPOINTMENTS TO THE NUISANCE ABATEMENT
BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31,
2014 and two (2) alternate members to serve unexpired terms ending J uly 31, 2013 to the
Nuisance Abatement Board. Based upon the rotation system, the appoi ntments will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Se at #3).
Mrs. Gray moved to reappoint Linda Leib as a regular member to the
Nuisance Abatement Board to serve a two (2) year term ending J uly 31, 2014, seconded
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by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to reappoint Wendy Smith as a regular
member to the Nuisance Abatement Board to serve a two (2) year term ending July 31,
2014. Mr. Jacquet so moved, seconded by Mr. Frankel. Upon roll call the C ommission
voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the nex t
regular meeting of August 21, 2012.
Mr. Jacquet moved to appoint Arline Sherman as an alternate memb er to
the Nuisance Abatement Board to serve an unexpired term ending J uly 31, 2013,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – Yes.
Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Adam Reback as an alternate member to the
Nuisance Abatement Board to serve an unexpired term ending July 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: M rs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
9.R. CITY ATTORNEY EVALUATION
Mayor McDuffie stated he went through the evaluation form with Mr .
Shutt and he found his service to the Commission in almost all of those cases to have
been excellent. Mayor McDuffie stated Mr. Shutt has establis hed a department with very
qualified people and a department that had gone beyond the call of duty in being
shorthanded for so long it serving the City Commission incredibly we ll during those
times. Mayor McDuffie stated communication to and from the offi ce was always
effective and clear, and he finds Mr. Shutt’s performance to be superb. In addition,
Mayor McDuffie stated the City’ ordinances have withstood cons titutional scrutiny and
federal court scrutiny and they have been upheld. Mayor McDuf fie reiterated that the
City Attorney has done a fine job.
Mr. Carney echoed Mayor’s McDuffie’s comments and stated as an
attorney he has a perspective of what it is like to work with other attorneys
finds a great deal of professionalism out of the City Attorney’s office. Mr. Carney stated
he gets frustration because they choose to take a more conserv ative approach to things.
Mr. Carney stated the City Attorney’s office has a great de al more experience than he
does and have proven themselves to be very efficient in what they do a nd they have been
particularly responsive when a question is asked, when he needs an opi nion on
something, or he needs guidance on a legal point as it relates to an y part of the Charter or
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the Code.
Mrs. Gray stated she appreciates the City Attorney’s ser vice, patience, and
professionalism. She stated she looks forward to continue working with Mr. Shutt.
Mr. Jacquet stated he will meet with Mr. Shutt to discuss the e valuation
form in further detail but publicly he would like to make known as fellow attorney he
appreciates the work he does for the City. Mr. Jacquet stated b eing on the private side
they have different approaches because Mr. Shutt has the entire C ity to look after and
protect so sometimes he feels the City Attorney is a litt le conservative. However, Mr.
Jacquet stated that is the right approach most of the time when y ou are responsible for
over 64,000 residents. Mr. Jacquet applauds the work the City Attorney’s office does and
most importantly what he likes about the City Attorney’s office is accessibility. Mr.
Jacquet stated if he has a question about an agenda item he knows that the City Attorney
will be there to answer the question.
Mr. Frankel stated he has spoken to the City Attorney and feels he has let
him know when he has a problem with something in his office, or wi th him, and in 3 ½
years he has not had that instance.
At this point, the time being 10:04 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 01-12: Consider city-initiated amendments to the
Land Development Regulations (LDR) regarding the duties, powers, and responsibilities
of the Historic Preservation Board (HPB); procedures for obta ining a variance from the
HPB; provision of required HPB review for properties listed on t he Local Register of
Historic Places within applicable zoning districts; clarifi cation of procedures for historic
designation; clarification of development standards for properti es listed on the Local
Register of Historic Places; creation of the “Local Regis ter of Historic Places”;
clarification of procedures for tax exemptions for historic pr operties; clarification of
criteria for changes of historic designation and/or classif ication. If passed, a public
hearing will be held on August 21, 2012.
The caption of Ordinance No. 01-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 2.2, “ESTABLISHMENT OF
BOARDS HAVING RESPONSIBILITIES FOR LAND
DEVELOPMENT REGULATIONS”, SECTION 2.2.6,
“THE HISTORIC PRESERVATION BOARD”,
SUBSECTIONS (A), “CREATION”, (B),
“COMPOSITION AND SPECIAL QUALIFICATION”,
AND (D), “DUTIES, POWERS, AND
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RESPONSIBILITIES”, TO CLARIFY AND AMEND
HISTORIC PRESERVATION BOARD DUTIES,
POWERS AND RESPONSIBILITIES; AMENDING
ARTICLE 2.4, “GENERAL PROCEDURES”, SECTION
2.4.7, “PROCEDURES FOR OBTAINING RELIEF
FROM COMPLIANCE WITH PORTIONS OF THE
LAND DEVELOPMENT REGULATIONS”,
SUBSECTION (A), “VARIANCES”, TO CLARIFY THE
REVIEW OF VARIANCES BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.4,
“BASE ZONING DISTRICT”, SECTION 4.4.3, “SINGLE
FAMILY RESIDENTIAL (R-1) DISTRICT”,
SUBSECTIONS (E), “REVIEW AND APPROVAL
PROCESS”, (F), “DEVELOPMENT STANDARDS”,
AND (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.5, “LOW DENSITY
RESIDENTIAL (RL) DISTRICT”, SUBSECTIONS (E),
“REVIEW AND APPROVAL PROCESS”, (F),
“DEVELOPMENT STANDARDS”, AND (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”;
SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL
(RM) DISTRICT”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS”; SECTION 4.4.13,
“CENTRAL BUSINESS (CBD) DISTRICT”,
SUBSECTIONS (E), “REVIEW AND APPROVAL
PROCESS”, (F), “DEVELOPMENT STANDARDS”,
AND (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.17, “RESIDENTIAL
OFFICE (RO) DISTRICT”, SUBSECTIONS (E),
“REVIEW AND APPROVAL PROCESS”, (F),
“DEVELOPMENT STANDARDS”, AND (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”;
SECTION 4.4.21, “COMMUNITY FACILITIES (CF)
DISTRICT”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS”; SECTION 4.4.24, “OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS” TO SPECIFY THAT ALL
PROPERTIES IN A HISTORIC DISTRICT OR
INDIVIDUALLY DESIGNATED HISTORIC
38
08/07/12
PROPERTIES ARE SUBJECT TO THE PROVISIONS
OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.5,
“OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS”, SECTION 4.5.1,
“HISTORIC PRESERVATION SITES AND
DISTRICTS”, SUBSECTIONS (B), “CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS”
AND (C), “DESIGNATION PROCEDURES”, TO
CLARIFY HISTORIC DESIGNATION PROCEDURES;
SUBSECTION (D), “REVIEW AND APPROVAL
PROCEDURES”, TO CLARIFY APPLICATION
PROCESS OF PROPERTIES SUBJECT TO HISTORIC
PRESERVATION BOARD REVIEW; AND
SUBSECTION (E), “DEVELOPMENT STANDARDS”,
TO CLARIFY EXISTING REQUIREMENTS FOR
FENCES, PARKING, GARAGES, RELIEF FROM
PARKING REQUIREMENTS, AND VISUAL
COMPATIBILITY STANDARDS; BY REPEALING
SUBSECTIONS (I), HISTORIC PRESERVATION
BOARD TO ACT ON APPLICATIONS OTHER THAN
CERTIFICATES OF APPROPRIATENESS”; (J),
“HISTORIC PRESERVATION BOARD TO ACT ON
VARIANCE REQUESTS”, (K), “DESIGNATION OF
HISTORIC SITES”, (L), “DESIGNATION OF HISTORIC
DISTRICTS”; (M), “TAX EXEMPTION FOR HISTORIC
PROPERTIES”, (N), “CRITERIA FOR CHANGE OF
HISTORIC DESIGNATION AND/OR
CLASSIFICATION, AND (O), “PROCEDURE FOR
CHANGE OF HISTORIC DESIGNATION AND/OR
CLARIFICATION”, AND ENACTING NEW
SUBSECTIONS (I), “LOCAL REGISTER OF HISTORIC
PLACES”, TO COLLECTIVELY LIST ALL HISTORIC
DISTRICTS AND INDIVIDUALLY DESIGNATED
PROPERTIES; AND (J), “TAX EXEMPTION FOR
HISTORIC PROPERTIES”, TO CLARIFY THE
PROCESS FOR TAX EXEMPTIONS ON HISTORIC
PROPERTIES; AND AMENDING SUBSECTIONS (K),
“CRITERIA FOR CHANGE OF HISTORIC
DESIGNATION AND/OR CLASSIFICATION”, AND,
(L), “PROCEDURES FOR CHANGE OF HISTORIC
DESIGNATION AND/OR CLASSIFICATION”, TO
CLARIFY EXISTING REGULATIONS AND
REQUIREMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
39
08/07/12
(The official copy of Ordinance No. 01-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city-
initiated text amendment pertaining to historic preservation ma tters and board
responsibilities and clarification of review criteria. Mr. D orling stated it is taking the
language that existed and re-organizing it into different secti ons and providing
clarification. He stated there is a list of the affected section in his memo.
At its meeting of May 16, 2012, the Historic Preservation Board (H PB)
considered this and recommended approval; at its meeting of May 21, 201 2, the Planning
Zoning Board reviewed Ordinance No. 01-12 and a recommendation of approva l was
made subject to three minor revisions to clarify “First Floor Maximum Heig ht”.
Mr. Carney asked how relevant was Planning and Zoning’s position t hat
laypersons be able to fill slots on that board which are reser ved for a professional. Mr.
Dorling stated it has been in the past an issue because staf f could not find people to
appoint. He stated the language now allows that flexibility.
Mr. Frankel moved to approve on FIRST Reading, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McD uffie – Yes; Mr.
Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gra y – Yes. Said motion
passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 24-12: Consider approval of a historic designation
and individual listing on the Local Register of Historic Places for property located at 290
S.E. 6th Avenue. If passed, a public hearing will be scheduled on August 21, 2012.
The caption of Ordinance No. 24-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING ADAMS AUTO DEALERSHIP,
LOCATED AT 290 SE 6 TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE
AMENDMENT THE “ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012” PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
40
08/07/12
Mr. Frankel moved to approve Ordinance No. 24-12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray –
Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 25-12: Consider an amendment to Chapter 53,
“Sanitary Sewers”, and the City’s Enforcement Response Pla n, to comply with the
Florida Administrative Code. If passed, a public hearing will be hel d on August 21, 2012.
The caption of Ordinance No. 25-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, SANITARY SEWERS”, OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTIONS 53.004, “ABBREVIATIONS;
DEFINITIONS”; 53.051, “PROHIBITED DISCHARGES
TO SEWERS”; 53.052, “NATIONAL CATEGORICAL
PRETREATMENT STANDARDS”; 53.054,
INTERCEPTORS”; 53.056, “ADMISSION OF
INDUSTRIAL AND COMMERCIAL WASTE”; 53.064,
“PREVENTION OF ACCIDENTAL DISCHARGES”;
53.067, “NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTES”; 53.068, “NOTICE OF
VIOLATIONS, REPEAT SAMPLING AND
REPORTING”; 53.080, “COMPLIANCE DATE
REPORT”; 53.081, “REPORTING REQUIREMENTS”;
53.082, “INSPECTION ND SAMPLING”; 53.084,
“ANALYTICAL REQUIREMENTS”; 53.085, “SAMPLE
COLLECTION”; 53.100, “PERMIT REQUIREMENTS”;
53.101, “PERMIT APPLICATION”; 53.102, “PERMIT
ADMINISTRATION”; 53.130, “USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF
SEWER SURCHARGES”; 53.132, “INDUSTRIAL COST
RECOVERY SYSTEM”; 53.142, “PUBLICATION OF
USERS IN SIGNIFICANT NONCOMPLIANCE”; 53.154,
“RETENTION OF RECORDS REQUIRED”; 53.999,
“PENALTIES”, IN ORDER TO UPDATE SAME IN
ACCORDANCE WITH NEW FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (“FDEP”)
REGULATIONS; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 25-12 is on file in the City C lerk’s
office.)
41
08/07/12
The City Attorney read the caption of the ordinance.
Victor Majtenyi, Deputy Director of Public Utilities, stated this ordinance
is a review of all of the issues related to the sewer ordinanc e that is a result of the annual
review of the Wastewater Treatment Plant. Mr. Majtenyi st ated the permitting authority
has gone through a thorough review and this is a result of the EPA (Environmental
Protection Agency) and the FDEP (Florida Department of Environment al Protection)
going to a thorough review. He made reference to page two, second paragraph of the
ordinance where it states “WHEREAS, the City’s Sewer Use Ordinance, enforcement
response plans and MJA (Multi-Jurisdiction Agreement) enables the City to comply with
the new FDEP regulations.” Mr. Majtenyi stated MJA will be coming to the Commission
at the next meeting at the South Central Regional Wastewater Treatment and Disposal
Board (SCRWTDB).
Mrs. Gray moved to approve Ordinance No. 25-12 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as fol lows: Mr. Carney
– Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Ye s.
Said motion passed with a 5 to 0 vote.
At this point, the time being 10:14 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
Doug Smith, Acting City Manager, stated Commissioner Carney h ad
inquired about a Visions 2020 process which Mrs. Butler has been researchi ng. He stated
they have contacted the FAU Institute of Government to inquire about that and FAU no
longer has staff resources due to the budget reductions for that t ype of work; but they are
researching the names of a number of facilitators that have done these kinds of initiatives
for a number of years. Mr. Smith stated staff will have an up date for the Commission in
the next couple of weeks.
Secondly, Mr. Smith stated Mrs. Gray had asked about S.E. 3 rd Avenue off
Atlantic Avenue regarding the zoning from Swinton Avenue to the railr oad and part of
Mr. Dorling’s response references the current zoning being appro priate. He stated the
parcel can be redeveloped with commercial or more industria l type uses that are
appropriate in that area and also has the potential for stand-al one residential up to 30
units per acre. Excess of 30 units per acre is allowed as a conditional use within two
blocks of Atlantic Avenue.
Mr. Smith stated in recognition of the City being named “Most Fun Small
Town in America” a company that works with them inquired if the C ity would be
interested in purchasing a plaque which Mr. Harden did. Mr. Smit h stated the plaque is
being placed in the City Hall lobby.
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08/07/12
Mr. Smith stated the City received another invitation from the ATP to the
November 8, 2012 World Tour Finals in London. Mr. Frankel stated last y ear he
represented the City on his own dime and he is willing to do that ag ain this year should
there not be someone else on the Commission that would like to do that.
Lastly, Mr. Smith stated the City has also received a sig ned tennis ball by
Novak Djokovic #2 ranked tennis player in the World.
13.B. City Attorney
The City Attorney thanked the City Commission for their comments.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet commented about how we are going replacing the City
Manager.
Mr. Jacquet stated Mr. Cox mentioned a meeting on September 8, 2012
and it sounds good about getting a collective and shared vision for West Atlantic Avenue.
Lastly, Mr. Jacquet asked about Mr. Frankel’s comment about adv ertising
in the Sun-Sentinel.
13.C.2. Mr. Carney
Mr. Carney commented about a proposal circulating regarding t he use of
bringing a swimming academy to the Aqua Crest pool and owned and r un by Michael
Phelps.
Secondly, Mr. Carney stated he spent time speaking with former Mayor
Lynch who was the last Mayor involved in this City’s search for a City Manager and he
just completed a search for the current City in which he serve s as Mayor. Mr. Carney
stated there is a time issue here and feels the Commission shoul d discuss doing a national
search and would like a proposal to come back to the Commission a s to when they can
start that process.
Doug Smith, Acting City Manager stated Mr. Harden has pla nned to
discuss this at the August 28, 2012 Workshop.
Mr. Carney supports an Agenda item where it would allow the pub lic to
have some input on what we are going to be doing regarding Waste Management.
Mr. Carney requested that the City Manager’s office look at streamlining
the submission process for plans. He stated many cities have gone to allowing electronic
43
08/07/12
submissions but allowing the submissions of plans, specs, etc. to be put on a CD versus
having all these big sets of plans.
Lastly, Mr. Carney stated he hopes the sign for the “Most Fun Small Town
in America” meets the City’s sign ordinance because he would like to put it up soon.
13.C.3. Mrs. Gray
Mrs. Gray asked if they can post comments about Waste Mana gement on
Peak Democracy on the website.
Secondly, Mrs. Gray concurs that the Commission needs to star t sooner
than later as far as coming up with a procedure or direction on how the Commission is
going to address the search for the next City Manager.
13.C.4. Mr. Frankel
Mr. Frankel made reference to Mrs. Odom’s comment and stated s he is
willing to pay $7.00 to keep the City the way it is.
Secondly, Mr. Frankel wished Mayor McDuffie good luck next week.
13.C.5. Mayor McDuffie
None.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 10:27 p.m.
_________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
44
08/07/12
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on August 7, 2012, which Minutes were formally approved and adopted by the C ity
Commission on ________________________.
___________________________________________________
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
THROUGH:Bruce Koeser, Human Resources Director
David T. Harden, City Manager
DATE:August 13, 2012
SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
RESOLUTION NO. 40 -12 PATTI L. GOODSON
ITEM BEFORE COMMISSION
Resolution honoring Patti L. Goodson, Data Processo r, for 30 years of continuous service.
BACKGROUND
In accordance with the City’s service award policy, employees with 30 years of continuous full-time
service are to be honored by the City Commission wi th a resolution and plaque. Patti L Goodson will
achieve this milestone on September 9, 2012.
RESOLUTION NO. 40-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING PATTI L. GOODSON FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
WHEREAS, Patti Goodson was hired by the City of Delray Beach as a La borer I for the
Delray Beach Golf Club on September 9, 1982 and on September 9, 2012 reached a milestone in her
career, having achieved thirty years of full-time service with th e City; and
WHEREAS, Patti has served this community with loyalty and dedication a s a Laborer I,
Laborer II, Utility Service Worker 2, Stockperson, Storekeeper and Data P rocessor; and
WHEREAS, Patti is known for her helpful, courteous, can-do attitude toward her customers
and coworkers and for her consistent searches for ways to save the City money; and
WHEREAS, her reputation as a self-starter who strives to do her bes t every day has
established her as a loyal, trusted and committed team playe r who is always willing to take on new
assignments; and
WHEREAS, the City of Delray Beach and the Environmental Services D epartment are
honored to have had Patti Goodson as a valued member of the municipal team over the past thirty
years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereb y recognizes and
commends Patti Goodson for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresse s sincere thanks and
appreciation to Patti Goodson for her many years of service, and wishes her the best of heal th and
happiness in her continued employment.
PASSED AND ADOPTED in regular session on this the 4 th day of September 2012.
___________________________________
ATTEST: MAYOR
__________________________________
CITY CLERK
PRESENTED TO:
Patti L. Goodson
As a token of our esteem and gratitude
for your 30 years
of outstanding contributions
and distinguished service to
The City of Delray Beach
Environmental Services Department
September 9, 1982 – September 9, 2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
THROUGH:Bruce Koeser, Human Resources Director
David T. Harden, City Manager
DATE:August 13, 2012
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
RESOLUTION NO. 41 -12 JOHN BULLARD
ITEM BEFORE COMMISSION
Resolution honoring John Bullard for 30 years of co ntinuous service.
BACKGROUND
In accordance with the City’s service award policy, employees with 30 years of continuous full-time
service are to be honored by the City Commission wi th a resolution and plaque. John Bullard, Water
Treatment Plant Manager will achieve this milestone on September 7, 2012.
RESOLUTION NO. 41-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING JOHN M. BULLARD FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
WHEREAS, John Bullard was hired by the City of Delray Beach as a Water Treatment Plant
Operator on September 7, 1982 and on September 7, 2012 will reach a m ilestone in his career, having
achieved thirty years of full-time service with the City; and
WHEREAS, John Bullard was promoted to Water Treatment Plant Manager on O ctober 1, 2000
and has since served this community in that capacity with honor and distinct ion; and
WHEREAS, John is dedicated to providing the highest quality of service to t he citizens of
Delray Beach and, under his direction, the Water Treatment Pla nt continues to exceed all state and local
requirements for water quality; and
WHEREAS, John has established himself as a loyal, trusted and committed public servant,
maximizing the efficient use of resources at his disposal b y continually researching new ideas and
encouraging innovation in his employees; and
WHEREAS, John’s professional conduct and integrity have earned him the respect of his staff
and peers; and the City of Delray Beach and the Environmental Se rvices Department are honored to have
John Bullard as a valued member of the municipal team.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T HE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach here by recognizes and
commends John M. Bullard for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresse s sincere thanks and
appreciation to John Bullard for his many years of service, and wishes him the best of hea lth and
happiness in his continued employment.
PASSED AND ADOPTED in regular session on this the 4 th day of September 2012.
___________________________________
MAYOR
ATTEST:
__________________________________
CITY CLERK
PRESENTED TO
John M. Bullard
As a token of our esteem and gratitude
for your 30 years
of outstanding contributions
and distinguished service to
The City of Delray Beach
Environmental Services Department
September 7, 1982 – September 7, 2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
RATIFICATION OF SCRWTDB ACTIONS
ITEM BEFORE COMMISSION
This is before the City Commission to ratify action s of the South Central Regional Wastewater
Treatment and Disposal Board at their Quarerly Meet ing of August 16, 2012.
BACKGROUND
By a vote of 7 to 0, the SCRWTD Board approved the following:
1. To accept the 2012/2013 Wastewater and Reclaim Water O&M and Repair and Replacement
Budgets.
2. Authorization to establish user rate (O&M at $0.9866/1,000 gal and R&R Reserves at
$0.1940/1,000 gal) to Delray Beach and Boynton Bea ch for FY 2012/2013 for a total of
$1,1806/1,000 gal.
3. Accepted the 2012/2013 organizational chart an d salary ranges.
4. Authorization to approve the second amendment t o the Interlocal Government Agreement for
biosolids processing and recycling between the Soli d Waste Authority (SWA) and South Central
Regional Wastewater Treatment and Disposal Board (S CRWTDB) in order to closeout project
cost increases in the amount of $673,964.00, for a final contract amount of $7,370,799.00.
5. Authorization to establish reclaim user rate at $0.18646/1,000 gal to consumers Delray Beach,
Boynton Beach and South Central Regional for FY 201 2/2013.
6. Authorization to approve the Multi-Jurisdictional Pretreatment Agreement between South
Central Regional Wastewater Treatment and Disposal Board, the City of Delray Beach and the
City of Boynton Beach.
RECOMMENDATION
Recommend ratification of the actions approved by t he SCRWTD Board on August 16, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
AMENDMENT NO. 5/QUALITY TRANSPORT SERVICES, INC.
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oving an extension of the service agreement with
Quality Transport Services, Inc, for the provision of shuttle services for the Downtown Roundabout.
BACKGROUND
City staff and the CRA have been working towards th e purchase of Trolley style vehicles for our
downtown shuttle service which, in addition to pro viding clear line of sight of passengers on the
trolley, (a concern many had with the covered windo ws of the shuttle buses), is more befitting of our
"Village by the Sea " image. The City Commission, at its August 21, 201 2 meeting, approved an
agreement for the CRA to increase funding to enable the purchase of a complete fleet, (3 vehicles),
needed to properly provide the service.
Quality Transport Services, Inc. is currently provi ding shuttle bus sevice under an extension of the
original 2006 service agreement, which expires on S eptember 30, 2012. Quality Transport Services, Inc.
has agreed to continue providing service at the sam e cost, ($38.50 per hour), terms and conditions of the
current agreement while the City works through the purchase of Trolley style vehicles,
advertising for the services needed and selection o f a vendor.
FUNDING SOURCE
Funding of services is provided through various gra nts from the Community Redevelopment Agency
and Florida Department of Transportation.
RECOMMENDATION
By motion, approve extension of the agreement with Quality Transport Services, Inc. for the continued
provision of shuttle service at the same hourly rat e of $38.50 per hour, under the same terms and
conditions of the original agreement and all amendm ents thereto.
AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN QUALITY TR ANSPORT
SERVICES INC . AND THE CITY OF DELRAY BEACH
THIS AMENDMENT No. 5 to the Agreement dated January 31, 2006 between
the CITY OF DELRAY BEACH (“City”) and QUALITY TRANSPORT SERVICES, INC.
(“Contractor”) is hereby amended this _____ day of ___________________, 2012.
WITNESSETH:
WHEREAS, the parties entered into an agreement dated January 3 1, 2006 for
shuttle bus services and the agreement is set to expire o n September 30, 2012; and
WHEREAS, the parties desire to amend the agreement t o extend the term
through the earlier of September 30, 2013 or when a new RFP has been awarded.
NOW, THEREFORE, the parties hereto in consideration of the covenants her ein
contained agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated a s if
fully set forth herein.
2. Modification. The Agreement is modified to include the following
language:
This agreement shall terminate on the earlier of Sep tember, 30, 2013 or when a
new RFP has been awarded, unless terminated in accordanc e with Paragraph 3
of Amendment No. 2 to the Agreement between Quality Transport Services, Inc.
and the City of Delray Beach.
3. Entire Agreement. Except as modified by this amendment, the original
agreement shall remain in full force and effect.
IN WITNESS WHEREOF , the parties have caused this Agreement to be duly
executed on the date written above.
2
ATTEST: CITY OF DELRAY BEACH
______________________ By:_____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Form:
______________________
City Attorney
WITNESSES: QUALITY TRANSPORT SERVICES, INC.
______________________ By:________________________________
______________________
(Print or Type Name)
______________________
______________________
(Print or Type Name)
STATE OF ________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of
______, 2012 by __________________________, as _________________________
(name of officer or agent, title of officer or agent), of
_________________________________ (name of corporat ion acknowledging), a
_________________ (state or place of incorporation) co rporation, on behalf of the
corporation. He/She is personally known to me or has pro duced
_______________________ (type of identification) as identification.
_____________________________________
Signature of Person Taking Acknowledgment
____________________________________
Name Typed, Printed or Stamped
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 27, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION
ITEM BEFORE COMMISSION
City Commission is requested to endorse the 7th Ann ual Project Holiday sponsored by “You Are Not
Alone” and authorize City and staff support as requ ested.
BACKGROUND
Project Holiday is a program through which items ne eded by our service personnel overseas are donated
to the You Are Not Alone organization, who with the ir volunteers will package and send items to our
service personnel overseas. They are partnering thi s year with One Soldier at A Time as their nonprofi t
group.
They are not asking for City funding, but are reque sting City support and assistance as follows:
Support needed from the City includes:
Assistance in preparing and getting out PSA’s on th e program
Help with promoting and organizing the program
Authorizing City facilities to be used as collectio n sites for items donated
Assist in providing volunteers to help do the packi ng of items to be sent
Assist in delivery of boxes to the post office on D ecember 3, 2012
Support to be provided by You Are Not Alone and One Soldier at A Time includes:
Assistance in promoting the project
Pick up and transport of items collected, location to be determined
Provide supervision of packing process
Identify service persons to whom items will be sent
Identify items that are needed
Make follow up calls to volunteers
Ship items and letters
The proposed time schedule for this project is as follows:
Week of November 2, 2012 – Kick off program
November 30, 2012 – Deadline for receipt of letters and items needed
December 2, 2012 – Pack all items at Community Cent er
December 3, 2012 – Deadline to ship
RECOMMENDATION
Staff recommends approval of staff support as reque sted for this project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Karen Schell, Pension Administrator
THROUGH:David T. Harden, City Manager
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
GENERAL EMPLOYEES PENION PLAN INVESTMENT POLICY GUIDELINES
ITEM BEFORE COMMISSION
Approval of changes to the General Employees Pensio n Plan Investment Policy Guidelines.
BACKGROUND
The General Employees Pension Board approved change s to the Investment Policy Guidelines for new
allocation percentages for the overall fund.
Page one is a change in date. Page 6 incorporates the new allocation percentages for equities at 55%, an
increase from 50%; and fixed income at 34%, a decre ase from 39%.
RECOMMENDATION
Recommend approval of changes.
City of Delray Beach
General Employees Retirement Plan
Pension Fund Investment Policy
November, 2011 August, 2012
Name of Plan: Delray Beach General Employees Retirement Plan
Plan Sponsor: City of Delray Beach, Florida
Plan Board of Trustees: David Boyd
Vincent Dole
Jim Smith
Stephen Swank
Milena Walinski
Pension Administrator : Retirement Committee
Custodian: Salem Trust
Money Managers: Dana Investment Advisors
The Boston Co.
State Street Global Advisors
Rhumbline Advisors
Denver Investment Advisors
Investment Performance
Monitor: Thistle Asset Consulting.
Legal Counsel: Brian Shutt, City Attorney
Actuary: Gabriel, Roeder, Smith & Co.
Accountant: Caler, Donten, Levine, Druker, Porter & Veil P.A.
***********************************
SCOPE
This investment policy shall apply to all funds un der the control of the Retirement Committee of the
City of Delray Beach General Employees’ Retirement Plan (hereinafter also referred to as the
committee or pension board).
PURPOSE
The purpose of this policy is to communicate to the investment manager a clear understanding of
the committee’s investment policies and objectives. This policy will outline an overall philosophy
that is specific enough for the manager to k now the committee’s expectations, but sufficiently
flexible to allow for changing economic conditions and securities markets. The policy will provide
realistic risk policies to guide the Manager toward long-term rate of return objectives, which will
Delray Beach General Employees Retirement Plan
Investment Policy
Page 2
serve as standards for evaluating investment pe rformance. The policy also will establish the
investment restrictions to be placed upon the Ma nager, and will outline procedures for policy and
performance review.
INVESTMENT OBJECTIVES
The objectives of the Fund should be pursued as a long-term goal designed to optimize the returns
without exposure to undue risk, as defined herein. Whe reas it is understood that fluctuating rates of
return are characteristic of the securities markets, the Manager's greatest concern should be long-
term appreciation of the assets an d consistency (i.e., low standard deviation) of total portfolio
returns.
PERFORMANCE MEASUREMENT
The Board has specified performance measures as are appropriate for the nature and size of the
assets within the Board’s custody. These perf ormance measures are set forth in the Internal
Controls section of the Investment Policy. Investme nt performance will be reviewed periodically to
determine the continued feasibility of achieving the investment objectives and the appropriateness
of the investment policy for achieving those objectives.
.
All transactions effected for the Plan will be "subj ect to the best price and execution." If a manager
utilizes brokerages from the plan assets to effect soft dollar transactions, detailed records will be
kept and communicated to the board.
It is not expected that the investment policy w ill change frequently. In particular, short term
changes in the financial markets should not require adjustments to the investment policy.
INVESTMENT AND FIDUCIARY STANDARDS
The board in performing its investment duties sha ll comply with the fiduciary standards set forth in
the Employee Retirement Income Security Act of 1974, 29 USC § 1104(a)(1)(A)-(C). This means
that board members must discharge theirs duties with respect to the plan solely in the interest of the
participants and beneficiaries and for the exclusive purpose of: (i) providing benefits to participants
and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan; with the
care, skill, prudence, and diligence under the circ umstances then prevailin g that a prudent man
acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a
like character and with like aims; by diversifying the investments of the plan so as to minimize the
risk of large losses, unless under th e circumstances it is clearly prudent not to do so. In the event of
conflict with other provisions of law authoriz ing investments, the investment and fiduciary
standards set forth in this section shall prevail.
Delray Beach General Employees Retirement Plan
Investment Policy
Page 3
AUTHORIZED INVESTMENTS
The investment policies and restrictions presented in this policy serve as a framework to help the
Manager achieve the investment objectives at a leve l of risk deemed acceptable. These policies and
restrictions are designed to minimize interfering with the Manager's efforts to attain overall
objectives, and to minimize excluding him from appropriate investment opportunities. The policy
allows the Manager substantial discretion in the asset allocation and diversification of the assets for
the purposes of increasing investment returns and/or reducing risk exposure. The Manager has
broad responsibility to shift the commitment of ass ets among asset classes, industry sectors and
individual securities to pursue opportunities pr esented by long-term secular changes within the
capital markets.
In accordance with the Protecting Florida's Inve stment Act (Fla. Stat. 215.473), the Board is
prohibited from directly investing in any companies, identified by the State Board of Administration
(SBA) on its website each quarter, as a scrutinize d company. The investment Consultant and each
investment manager shall review its investments each quarter to deter mine whether it is required to
sell, redeem, divest or withdraw any publicly traded security of a company iden tified by the SBA as a
scrutinized company and shall notify the Board each qua rter, in writing, of the results of its review.
Beginning no later than January 1, 2010, the Board sh all sell, redeem, divest or withdraw all publicly
traded securities it holds in any scrutinize d company by no later than September 30, 2010.
Equities
The Manager should maintain the equity portion of the portfolio at a risk level roughly equivalent to
that of the equity market as a whole, with the obj ective of exceeding its results as represented by the
S&P 500 Index by 0.5% annually over a three year moving time period. Equity holdings may be
selected from the New York, American and Regional Stock Exchanges, the NASDAQ markets, or
appropriate foreign exchange should an international manager be used; and up to 25% of the equity
portfolio may be invested in foreign securities and obligations. In absence of board approval, the
Manager is prohibited from investing in, private placements, letter stock, and options; or from
engaging in short sales, or margin transactions. It is expected that no assets will be invested in
securities whose issuers have filed a petition for bankruptcy.
Within the above guidelines, gives the Manager full responsibility for security selection and
diversification, subject to a maximum 5% commitmen t of the equity portfolio's market value for an
individual security, and 20% for a particular ind ustry as defined in advance in writing by the
Manager. The Manager will have full discretion over turnover and allocation of equity holdings
among securities and industry groups, within the limits described above.
It is understood that the manager will deviate from the Representative Index. To limit the extent of
potential underperformance, and because of the inhe rent difficulty in defining specific restrictions
which would cover all possibilities, the Manager is instructed to invest the equity component of the
account so as to prevent the returns for that co mponent from being less than 100% of the Index
return in the quarters during which the Index return has been positive, or decreasing more than 90%
Delray Beach General Employees Retirement Plan
Investment Policy
Page 4
of the Index return in the quarters during which th e Index return has been negative, measured over
a trailing maximum 5-year period.
The equity portfolio should consistently produce a total return exceeding the median of an
appropriate universe of large, mid or small capita lization (value, growth, core as is appropriate to
each manager).
Fixed Income
Investments in fixed income securities will be mana ged actively to pursue o pportunities presented by
changes in interest rates, credit ratings, and maturity premiums. The Manager may select from
appropriately liquid preferred stocks, U.S. corporate debt securities, mortgage-related securities or
asset-backed securities not issued by the U.S. government or an ag ency or instrumentality thereof,
obligations of the U.S. Government and its agencies , and other securities contained in the specified
index. These investments will be subject to the following limitations:
1. No issues may be purchased with more than 30 years to maturity, unless the issue is
part of an index fund portfolio.
2. Investments in securities of a single issuer (with the exception of the U.S.
Government and its agencies) must not ex ceed 5% of the market value of the fixed
income portfolio.
3. Only corporate debt issues that meet or exceed a credit rating of BBB from Standard
& Poor's or a BAA rating from Moody's, may be purchased. In the event that a
security’s ratings from Standard & Poor’s and Moody’s differ, the higher of the
ratings shall be used.
4. Preferred stocks must be rated A or b etter by Moody's and/or equivalent Standard &
Poor's at the time of purchase.
5. . With respect to State Street Global Advi sors (SSGA) and its representation in the
Barclays Capital Aggregate Bond (BCAB) Index Fu nd, International Bonds, or “Yankee Bonds”, will
be allowed to be held in the portfolio in order for SSGA to replicate the Index that they are being
compared to. If the “Yankee Bond” percentage of the fixed income portfolio increases to 20% then
the Board must be notified immediately.
6. Up to 25% of the fixed income portfolio may be invested in obligations issued by
foreign governments, foreign corporations and other foreign commercial entities.
7. With respect to Denver Investment Advisors, mortgage-related securities and asset-
backed securities will be limited to 15% of the market value of the portfolio.
Delray Beach General Employees Retirement Plan
Investment Policy
Page 5
The Manager is prohibited from investing in private placements, from speculating in fixed income or
interest rate futures.
It is understood that the Manager will deviate from the Representative Index. To limit the extent of
potential underperformance, and because of the inhe rent difficulty in defining specific restrictions
which would cover all possibilities, the Manager is instructed to invest the fixed income component
of the Fund so as to prevent the returns for that component from being less than 90% of the Index
return in the quarters during which the Index return has been positive, or decreasing more than 80%
of the Index return in the quarters during which th e Index return has been negative, measured over
a trailing maximum 5-year period.
Within the above restrictions, the Manager has co mplete discretion over ti ming and selection of
fixed income securities.
The fixed income portfolio should produce a tota l return exceeding the median of an appropriate
broad universe of fixed income managers.
Cash and Equivalents
The Manager may invest in commercial paper, repu rchase agreements, Treasury Bills, certificates of
deposit, and money market funds to provide income, liquidity for expense payments, and
preservation of the account's principal value. All such assets must represent maturities of one year
or less at time of purchase. Commercial paper assets must be rated A-1 or P-1 by Standard & Poor's
and Moody's, respectively. The Manager may not purchase short-term financial instruments
considered to contain speculative characteristics (uncertainty of principal and/or interest). The
Manager also may not invest more than 5% of the total Fund's market value in the obligations of a
single issuer, with the exception of the U.S. Government and its ag encies, or any short-term vehicle
made available by the client's custodian. Uninve sted cash reserves should be kept to minimum
levels, not to exceed 5% of fund assets. Within the limitations mentioned above, the Manager has
complete discretion to allocate and select s hort-term cash and equivalent securities.
Other Assets
The Manager will not purchase assets other than those mentioned above without written consent.
Investments in options or futures contracts is also prohibited. Investments not specifically
addressed by this policy are forbidden without written consent.
MATURITY/LIQUIDITY
The investment guidelines are based on an investme nt horizon of greater than five years, so interim
fluctuations should be viewed with appropriate pe rspective. Similarly, the Plan's strategic asset
allocation is based on this long-term perspective. To the extent possible, an attempt will be made to
match investment maturities with known cash needs and anticipated cash-flow requirements.
Delray Beach General Employees Retirement Plan
Investment Policy
Page 6
PORTFOLIO COMPOSITION
Investments will be made for the sole interest an d the exclusive purpose of providing the optimum
return within the constraints described herein. The assets must be held, invested and transferred in
accordance with fiduciary standards set forth in this investment poli cy. All investme nts will be made
within the guidelines of quality, marketability and diversification mandated by controlling statutes
and this policy.
The Manager is to implement these policies so as to achieve a return, after fees, superior to the
return of the target asset mix, without additional risk as measured by the variability of returns.
TARGET ASSET MIX TABLE
Asset Class Min Wt Target Wt Max Wt Representative Index
Equities 20 5055 65 2220 % R1000V
2220 % R1000 Growth &
615 .0% S&P400 MidCap
International Equity 0 5 25 2.5% MSCI EAFE + EM
Fixed Income 20 3934 80 Barclays Capital Aggregate
Intermediate Fixed
Income
0 6 40 Barclays Intermediate
Government/Credit
Cash & Equiv 0 0 30 Citigroup Treas. 3 Mo. T-
Bill
The investment returns of the Manager's asset allo cation will be measured against those of a target
portfolio based on the target weights shown in the Target Asset Mix Table above as invested in the
representative indices.
The Manager is to maintain the weights of each asset class, based on market values, within the
minimum and maximum range shown in the Target Asset Mix Table. Note that all convertible
securities are treated as equity, pr eferred stocks are treated as fixe d income securities, and long term
debt securities with under one year remaining to maturing are treated as fixed income.
Because security market conditions can vary gr eatly throughout a market cycle, the Manager is
granted full discretion to change the asset mix within the above ranges, for the purpose of increasing
investment return and/or reducing risk.
More specifically, over any three year period, the ma nager is expected to achieve a return superior to
the target mix without additional risk as measur ed by the variability of quarterly returns.
The investments are expected to consistently prod uce a total return exceeding the median of a
universe of balanced fund managers over a moving three year period.
It is understood that the Manager will deviate from the target asset alloca tion mix. To limit the
extent of potential underperformance, and because of the inherent difficulty in defining specific
Delray Beach General Employees Retirement Plan
Investment Policy
Page 7
restrictions which would cover all possibilities, the Manager is expected to invest with the objective
of preventing the returns of the total Fund from being less than 90% of the policy return in the
quarters during which the policy return has been positive, or decreasing more than 90% of the
policy return in the quarters during which the po licy return has been negative, measured over a
trailing maximum 5-year period.
RISK AND DIVERSIFICATION
The board recognizes the difficulty of achievin g the Plan's investment objectives in light of
uncertainties and complexities of contemporary inve stment markets. The board also recognizes that
some risk must be assumed to achieve the Plan's long-term investment objectives.
In establishing the risk tolerances of the IPS, the ability to withstand short and intermediate term
variability was considered. The Plan's strong fina ncial condition enables it to adopt a long-term
investment perspective.
In summary, the Plan's prospects for the future, current financial condition, and several other
factors suggest collectively that the Plan can tole rate some interim fluctuations in market value and
rates of return in order to achieve the long-term objectives.
EXPECTED ANNUAL RATE OF RETURN
Recognizing that short-term market fluctuations may cause variations in the account performance,
the Board of Trustees expects the Fund to achiev e the following objectives over a three year moving
time period:
1. The total expected return will exceed the increase in the Consumer Price
Index by 5% annually. Actual returns should exceed the expected amount
50% of the time.
2. The total expected return will exceed 8.0% annually (note: the assumed actuarial rate
of return, as of this date, is 7.25%).
For each actuarial valuation, the board shall deter mine the total expected a nnual rate of return for
the current year, for each of the next several years, and for the long term thereafter. This
determination must be filed promptly with the Department of Management Services and with the
plan's sponsor and the consulting actuary.
THIRD-PARTY CUSTODIAL AGREEMENTS
All assets shall be held with a third party, and a ll assets purchased by, and all collateral obtained by,
the board shall be properly designated as an asset of the board. No withdrawal of assets, in whole or
in part, shall be made from safekeeping except by an authorized member of the board or the board's
designee. Securities transactions between a broker -dealer and the custodian involving purchase or
Delray Beach General Employees Retirement Plan
Investment Policy
Page 8
sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis,
if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at
the conclusion of the transaction.
MASTER REPURCHASE AGREEMENT
All approved institutions and dealers transacting repurchase agreements must execute and perform
as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere
to the requirements of the Master Repurchase Agreement.
BID REQUIREMENT
The board shall determine the approximate maturity date based on cash-flow needs and market
conditions, analyze and select one or more optimal types of investment, and competitively bid the
security in question when feasible and appropriate. Except as otherwise required by law, the most
economically advantageous bid must be selected.
INTERNAL CONTROLS / SELECTION AND REVIEW OF MONEY MANAGERS
A. Selection of Money Managers: The board, with the assistance of a consultant, will select
appropriate money managers to manage Plan assets. Managers must meet the following
minimum criteria:
1. Be a bank, insurance company, investment ma nagement company, or investment adviser
as defined by the Registered Investment Advisers Act of 1940.
2. Provide historical quarterly performance numb ers, calculated on a time-weighted basis,
based on a composite of all fully discretionary accounts of similar investment style, and
reported net and gross of fees.
3. Provide performance evaluation reports prep ared by an objective third party that
illustrate the risk/return profile of the mana ger relative to other managers of like
investment style.
4. Provide detailed information on the history of the firm, key personnel, key clients, fee
schedule, and support personnel. This information can be a copy of a recent request for
proposal (RFP) completed by the manager.
5. Clearly articulate the investment strategy that will be followed and document that the
strategy has been successfully adhered to over time.
B. Duties and Responsibilities of the Money Managers: The duties and responsibilities of each
money manager retained by the board include:
1. Managing the Plan assets under its care, c ustody, and/or control in accordance with the
IPS objectives and guidelines set forth herein , and also expressed in separate written
agreements when deviation is deemed prudent and desirable by the board.
Delray Beach General Employees Retirement Plan
Investment Policy
Page 9
2. Exercising investment discretion (including holding cash equivalents as an alternative)
within the IPS objectives and guidelines set forth herein.
3. Promptly informing the board in writing regarding all significant and/or material
matters and changes pertaining to the invest ment of Plan assets, including, but not
limited to:
a. Investment strategy
b. Portfolio Structure
c. Tactical Approaches
d. Ownership
e. Organizational Structure
f. Financial condition
g. Professional staff
h. Recommendations for guidelines changes
i. All legal material and SEC and other regulatory agency proceedings affecting the
firm.
4. Promptly voting all proxies and related acti ons in a manner consistent with the long-term
interests and objectives of the Plan set forth herein. Each manager shall keep detailed
records of said voting of proxies and related actions and will comply with all regulatory
obligations related thereto.
5. Utilize the same care, skill, prudence, and due diligence under the circumstances then
prevailing that experienced, investment prof essionals acting in a like capacity and fully
familiar with such matters would use in like activities for like retirement plans with like
aims in accordance with all applicable laws, rules and regulations from local, state,
federal, and international political entities as they pertain to fiduciary duties and
responsibilities.
6. Acknowledge and agree in writing to their fi duciary responsibility to fully comply with
the entire IPS set forth herein, and as modified in the future.
C. Monitoring of Money Managers: Quarterly performance will be eval uated to test progress
toward the attainment of longer-term targets. It is understood that there are likely to be short-
term periods during which performance deviates from market indexes. During such periods,
greater emphasis shall be placed on peer-per formance comparisons with managers employing
similar styles.
On a timely basis, but not less than four times a year, the board will meet to focus on:
1. Manager's adherence to the investment policy guidelines
2. Material changes in the manager's organization, investment philosophy, and/or
personnel
3. Comparisons of the manager's results to appropriate indexes and peer groups,
specifically:
Delray Beach General Employees Retirement Plan
Investment Policy
Page 10
Asset Category Index Peer Group Universe
Domestic Large S&P 500 Total Equity Database
Capitalization equity:
Value R1000 Value Value equity style
Growth R1000 Growth Growth equity style
Core S&P 500 Core equity style
Mid S&P 400 MidCap equity style
International Equity:
Developed Markets MSCI EAFE International Equity
Emerging Markets MSCI Emerging Markets Emerging Intl. Equity
Domestic Fixed Income:
Active Duration Barclays Capital A ggregate index Active Duration style
Intermediate Duration Barclays Capital Int. Government/Credit Active
Duration style
4. The risk associated with each manager's portfolio, as measured by the variability of
quarterly returns (standard deviation), shou ld not exceed that of the benchmark index
and the peer group without a correspondin g increase in performance above the
benchmark and peer group.
5. In addition to the information covered during the quarterly reviews, the board will
meet at least annually to focus on:
a. The manager's performance relative to manage rs of like investment style or strategy.
Each manager is expected to perform in the upper half of the manager's respective
style universe
b. The Plan's investment performance resul ts compared to the manager's overall
composite performance figures to determi ne unaccounted for dispersion between
the manager's reported results and the Plan's actual results.
6. The board is aware that the ongoing review and analysis of money managers is just as
important as the due diligence implemented during the manager selection process.
Accordingly, a thorough review and analysis of a money manager will be conducted if:
a. A manager performs in the bottom quartile (75 th percentile) of his or her peer
group over two consecutive quarters or annual period.
b. A manager falls in the southeastern quadrant of the risk/return scattergram
for three- and/or five-year time periods.
Delray Beach General Employees Retirement Plan
Investment Policy
Page 11
c. A manager has a five-year risk-adjusted return fall below that of the median
manager within the appropriate peer group.
d. A manager underperforms its inde x for four consecutive quarters.
7. Further, a manager may be replaced at any time and for any reason, including but not
limited to the following:
a. A manager that consistently performs below the median (50 th percentile) of
his or her peer group over rolling three-year periods.
b. A manager with a negative alpha for three-year time periods.
8. Major organizational changes also wa rrant immediate review of the manager,
including:
a. Changes in professionals
b. Significant account losses
c. Significant growth of new business
d. Change in ownership
9. The performance of the board's investment managers will be monitored on an ongoing
basis, and it is at the board's discretion to take corrective action by replacing a manager if
they deem it appropriate at any time.
CONTINUING EDUCATION
All board members are encouraged to attend continuing education seminars in matters relating to
investments and the board's responsibilities. Bo ard members are pre-aut horized to attend any
applicable conferences within the state of Florida (maximum two (2) per year).
ANNUAL REPORT
The board shall submit an annual report to the Delray Beach City Commission. The report shall
include investments in the portfolio by class or type, book value, income earned, and market value
as of the report date. The annual report shall be available to the public.
FILING OF INVESTMENT POLICY
Upon adoption by the board, this investment poli cy shall be promptly filed with the Florida
Department of Management Services, the Ci ty of Delray Beach City Commission, and the
Delray Beach General Employees Retirement Plan
Investment Policy
Page 12
consulting actuary. The effective date of the investment policy, and any amendment thereto, shall
be the 31 st calendar day following the filing date with the City Commission.
VALUATION OF ILLIQUID INVESTMENTS
Investments in assets for which a generally recognized market is not available or for which there is
no generally accepted pricing mechanism shall be prohibited.
Approved by Pension Board:
i:\client documents\delray beach, city of\06933\misc\general employees investment policy.doc
Approved by the City Commission of the City of Delray Beach, Florida on May __, 2011September,
2012 .
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 21, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
FY 2013 PROPOSED GOLF RATES/ DELRAY BEACH MUNICIPAL GOLF C OURSE
ITEM BEFORE COMMISSION
City Commission is requested to approve proposed ma ximum rates for FY 2013 for the Delray Beach
Municipal Golf Course.
BACKGROUND
Attached is the proposed maximum rate schedule for the municipal course, along with a rate comparison
with other municipal courses which reflects current year pricing. Maximum rates would be the highest
rate that would be charged. Based on market conditi ons, however, we often promote specials at rates
lower than maximum. Golf fees, except for prepaid g reen fees, are in line with other golf
courses. No increases are proposed in the maximum r ates for daily round play. Permit holders can play
the Lakeview course for a reduced fee and we have a dded a college student permit fee. Minimum rate
increases are proposed for bag storage, locker rent al and permit holder cart fees. These rates are
proposed based on market conditions. The Financial Review Board reviewed the proposed rates at their
August 7, 2012 meeting and recommend approval.
RECOMMENDATION
Staff recommends approval of proposed maximum rates for FY 2013 for the Delray Beach Municipal
Golf Course.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 21, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
FY2013 PROPOSED TENNIS RATES/TENNIS FACILITIES
ITEM BEFORE COMMISSION
City Commission is requested to approve proposed ma ximum rates for the Tennis Facilities for FY
2013.
BACKGROUND
Attached are the proposed maximum rates for Tennis Facilities for FY 2013, along with a rate
comparison which presents current rates at other fa cilities. All proposed rates are based on market
conditions. Due to a loss of members, member compla ints from the Customer Satisfaction surveys about
high rates since we are one of the highest cost fac ilities in the area, and current economic condition s, no
increases are recommended at this time. The maximum rates proposed can be reduced based on market
conditions. The Financial Review Board reviewed the proposed rates at their August 7, 2012 meeting
and recommend approval.
RECOMMENDATION
Staff recommends approval of proposed maximum rates for FY 2013 for the Tennis Facilities.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 21, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
FY 2013 GOLF RATES/ LAKEVIEW GOLF COURSE
ITEM BEFORE COMMISSION
City Commission is requested to approve proposed ma ximum rates for FY 2013 for the Lakeview Golf
Course.
BACKGROUND
Attached is the proposed maximum rate schedule for the Lakeview Golf Course for FY 2013, along
with a rate comparison which reflects current rates for other like golf courses. Fees proposed are the
same as in the current year and are in line with ot her comparable courses. This course is very price
sensitive. Although the management company is not p roposing across the board rate increases, they feel
these proposed rates are in line with market condit ions and would maintain or increase rounds played.
Maximum rates would be the highest rate that would be charged. Based on market conditions, however,
we often promote specials at rates lower than maxim um. The Financial Review Board reviewed the
proposed rates at their August 7, 2012 meeting and recommend approval.
RECOMMENDATION
Staff recommends approval of proposed maximum rates for FY 2013 for the Lakeview Golf Course.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Frank Babin, Risk Manager
THROUGH:David Harden, City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
EXTENSION OF CONSULTING AGREEMENT/ GALLAGHER BASSETT SERVICE S (GBS)
ITEM BEFORE COMMISSION
The City's current third party claims administratio n (TPA) agreement with Gallagher Bassett Services
(GBS) expires 10/1/12 but under the terms of RFP No . 2008-48 it can be renewed for two (2) additional
one year periods at the City's sole discretion.
BACKGROUND
For 10/1/08 the City went to an RFP process for a T PA. The City Commission approved GBS for an
initial award of a 3-year period (10/1/08 - 9/30/11) and then 3 one year renewals at the City's sole
discretion.
GBS has agreed to honor the same agreement that was approved by the City Commission for 10/1/08 -
9/30/11. Risk Management and the City Attorney's O ffice are pleased with the services provided and
the agreement.
FUNDING SOURCE
See attached renewal by GBS ($119,322) and the FY 1 2-13 budget for 551-1575-591-45.20 ($120,400).
RECOMMENDATION
Staff recommends that the City Commission approve t he GBS agreement for the period 10/1/12-
9/30/13.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Frank Babin, Risk Manager
THROUGH:David Harden, City Manager
DATE:August 27, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
RENEWAL OF INSURANCE POLICY /FMIT
ITEM BEFORE COMMISSION
This item is before Commission to approve renewal o f our insurance policy with Florida Municipal
Insurance Trust (FMIT). The 10/1/12-13 renewal premium of liability insurance @ $346,49 9, property
damage insurance @ $1,085,410, and workers' comp in surance @ $136,464, for a total premium @
$1,568,373.
BACKGROUND
Attached is the first premium installment billing f rom the FMIT showing the $1,568,373 annual
premium. The premium last year was $1,510,916. Sta ff has budgeted $1,579,150 for the 10/1/12-13
fiscal year. As presented by The Plastridge Agency , all FMIT deductibles and related premiums were
reviewed by City Manager, City Attorney, Human Reso urces Director, and Risk Manager. As items
are "added and subtracted" from insurance coverage, the premium values would change but are not
expected to be anything drastic.
FUNDING SOURCE
551-1575-591-45.11, Liability Premium @ $337,660; 45.31, Package Policy Premium @ $1,098,149;
45.32, Excess Workers' Comp Premium @ $143,341; or a total FMIT premium budget of $1,579,150
for FY 12-13.
RECOMMENDATION
Staff recommends City Commission approval of the $1 ,568,373 FMIT premium for the 10/1/12-13
policy renewal.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
SPECIAL EVENT REQUEST/ 51ST ANNUAL DELRAY AFFAIR
ITEM BEFORE COMMISSION
City Commission is requested to approve a special e vent permit for the 51st Annual Delray Affair to be
held April 5-7, 2013, to grant a temporary use perm it per LDR’s Section 2.4.6 (F) for use of City
property and rights-of-way as requested including A tlantic Avenue to SW 2 nd Avenue to Palm Square,
as well as Worthing Park and Old School Square Park , to provide staff support as outlined in the
attached letter and permit, to allow event banners to be hung within the site area and event signage b e
put up fourteen (14) days prior to the event, to pr ovide trash boxes and use of City generator, to all ow
all vendor permits to be assigned and approved by t he Chamber of Commerce, to allow this to be the
only event held on these dates in the City. The eve nt producer is also requesting road closures at 4:0 0
a.m., on Friday, April 5, 2013 and closure of NE 1 st Avenue from Atlantic Avenue to the alley north of
Atlantic Avenue on Thursday, April 4, 2013 at 6:00 a.m., and requesting use of the North City Hall
parking lot and City Attorney’s parking lot for vendor parking on Saturday and Su nday, April 6 & 7,
2013 and other parking lots in the Downtown for all three (3) days. The event producer is also
requesting waiver of parking time restrictions in t he Downtown area during the event dates.
BACKGROUND
Attached is a letter and special event permit recei ved from Nancy Stewart-Franczak for this year’s
Delray Affair. Also attached are a site plan, budge t and economic calculator.
Staff has reviewed the request from the Chamber of Commerce for the Delray Affair. We support the
request with the following conditions:
1.Allow banners to be placed within confines of the e vent site as may be approved by the
Community Improvement Director, as well as event si gnage per LDR’s Section 4.6.7(F) (3)(f)
and (g).
2.Receipt of a Certificate of Event Liability and A lcohol Liability Insurance by March 22, 2013.
3.Alcohol sales must be contained in a beer garden with security.
4.Not allow vendor parking in Veterans Park as requ ested due to business needs.
5.Copy of signed rental agreement for use of Old Sc hool Square Park by March 22, 2013.
6.Only allow use of City Attorney lot for vendor park ing on Saturday and Sunday, April 6 & 7,
2013. (City Hall lot will be used for paid parking on these dates.) Use of other lots requested for
vendor parking will be non-exclusive.
7.Liquor cannot be served prior to noon on Sunday.
8.Event sponsor be required to provide on-site dump ster service for vendors.
9.Event sponsor be required to provide grease dispo sal barrels and disposal system on-site for
vendor use.
Estimated overtime cost for this event is approxima tely $37,850; 5% administrative fee $1,893,
barricade rental is approximately $2,525, trash box cost $525, event signage $250, park rental $1,908
for a total estimated cost of $44,951. Per event po lices and procedures, the Chamber of Commerce
would be required to pay 100% of these costs.
The City will be charging for parking in the Old Sc hool Square Garage April 5 – 7, 2013 and in the
north City Hall lot and South County Court House Ga rage April 6 & 7, 2013.
RECOMMENDATION
Staff recommends approval of the special event perm it, street closures and park use, use of City parki ng
lots as requested for vendor and sponsor parking ex cept Veterans Park lot, staff support for this even t
and allow this to be the only event to held and all other conditions listed above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 27, 2012
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
SPECIAL EVENT REQUEST/ EVP VOLLEYBALL TOUR
ITEM BEFORE COMMISSION
Commission is requested to approve a special event request for the EVP Tour Volleyball Tournament
proposed to be held on the Municipal Beach on Septe mber 22 & 23, 2012 from 7:00 a.m. – 7:00 p.m.,
with setup beginning September 21, 2012 at 5:00 p.m . This event is being co-sponsored by the Delray
Beach Marketing Cooperative and EVP Tour Sports End eavors. Commission is also requested to
provide staff support for lifeguard assistance and traffic control. Also requested is a waiver to the City
Code of Ordinances, Section 101.32 to allow assembl y on the beach of more than 25 people.
BACKGROUND
Attached for review is the special event permit, si te plan, budget, economic calculator and other rela ted
information.
It is estimated that approximately 300 athletes wil l participate with an estimate of 1,000 – 3,000
spectators. Athletes will be parking at the Seagate Hotel.
Approximately six (6) tents will be set up on site per the site map. Event producers will be responsib le
for event management and set up, as well as site cl ean-up.
The estimated overtime costs for this event are $73 5. Per the Special Event Policies and Procedures, t he
DBMC’s costs will be 35% of overtime costs for an e stimated cost of $257.
RECOMMENDATION
Staff recommends approval of the event as proposed, staffing as requested and waiver of City Code
Section 101.32 to allow assembly on the beach of mo re than 25 people contingent on the receipt of an
approved turtle permit fourteen (14) days prior to the event.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of August 20, 2012 through August 31, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day minimum appeal period has not occurred). Section 2.4.7(E), Appeals, of
the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken
by an approving Board. It also provides that the Ci ty Commission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting of the
Commission as an appealed item.
REVIEW BY OTHERS
Planning and Zoning Board Meeting of August 20, 201 2
No appealable items were considered by the Planning and Zoning Board. The following item which
was considered by the Board will be forwarded to th e City Commission for action:
A. Determined on a 5 to 0 vote (Jan Hansen and Mark Kr all absent), that the categories and tasks
as proposed in the Five Year Capital Improvement Pl an for FY 2012-13 through FY 2016-
17 and FY 2013 Capital Improvement Budget are consi stent with the Comprehensive Plan.
Other Items:
B. Initiated on a 3 to 2 vote (Clifford Durden and Cra ig Spodak dissenting), an amendment to the
Land Development Regulations to reduce the in-lieu of parking fee to $7,800 per space for
parcels located south of the east-west alleyway in Block 69 within the Old School Square Historic
Arts District (OSSHAD). The required fee per parkin g space in Block 69 is $15,600, whereas
the balance of the OSSHAD is $7,800 per space.
Site Plan Review and Appearance Board Meeting of Au gust 22, 2012
1. Approved with conditions (6 to 0, Shannon Dawson ab sent), a Class I site plan modification for
an architectural elevation change associated with the installation of storefront double doors
along the front (east elevation) for Advance Auto Parts at the Delray Shopping Center, 1301
North Federal Highway (southwest corner of North Fe deral Highway and NE 14 th Street)
2. Approved (6 to 0), a Class I site plan modification for an architectural elevation change
associated with the installation of five metal awni ngs for Chase Bank, located at 4775 Linton
Boulevard (northeast corner of Linton Boulevard and Military Trail).
3. Approved with conditions (5 to 0, Mark Gregory step ped down), a Class V site plan, landscape
plan and architectural elevation plan associated wi th the construction of a 9,142 sq. ft. Dollar
General Store and a future 3,330 sq. ft. retail bui lding within two phases for the 10 th & 10 th
Center,located at the southeast corner of SW 10 th Avenue and SW 10 th Street. Concurrently,
the Board recommended that the City Commission appr ove a waiver to LDR Section 4.6.16(H)
(3)(d) which requires a five foot (5’) perimeter st rip between the parking areas and the adjacent
property line. A 1’ landscape strip is proposed at the north termination of the parking row for
Parcel B within Phase II.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:James Schmitz, Deputy Director Public Works
Richard C. Hasko, P.E. Director of Environmental Se rvices
THROUGH:David T. Harden, City Manager
DATE:August 14, 2012
SUBJECT:AGENDA ITEM 8.M.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
BID AWARD TO MULTIPLE VENDORS: DISASTER DEBRIS REMOVAL
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Bid Award (Disaster Debris Removal Project #12-078)
to Ash Britt Environmental, Crowder Gulf, Joint Ven ture, Inc., Phillips and Jordon, Inc., D&J
Enterprises, Inc., and Ceres Environmental Services , Inc.
BACKGROUND
Our current debris removal contract expired on July 15, 2012. Staff prepared a Request for Proposal
(RFP #2012-30) for reestablishment of emergency response vendo rs to which twelve (12) contractors
responded. An evaluation committee consisting of st aff representing Finance, Public Works and Parks
Maintenance was assembled to rank and score the con tractors on the following criteria:
(1) Financial Capability
(2) Experience and resources
(3) Mobilization and Operational Plan.
Based on rankings resulting from the evaluation com mittee review, staff recommends contract award to
the top five (5) ranked contractors as follows:
(1) Ash Britt Environmental
(2) Crowder Gulf Joint Venture, Inc.
(3) Phillips and Jordon, Inc.
(4) D&J Enterprises, Inc.
(5) Ceres Environmental Services, Inc
Multiple awards are recommended to ensure an expedi ent response in recognition of the fact that firms
will have contracts with other governmental agencie s as well as the City. The first contractor to res pond
and arrive in Delray with equipment will initiate debris removal and diposal activities.
FUNDING SOURCE
Funding is available from 433-3711-534-49-90 (Sanitation Fund: Other Current Charges) and wi ll be
reimbursable from FEMA per occurrence.
RECOMMENDATION
Environmental Service Staff recommends approval of the Bid Award to (1) Ash Britt Environmental,
(2) Crowder Gulf, Joint Venture, Inc., (3) Phillips and Jordon, Inc., (4) D&J Enterprises, Inc., and (5)
Ceres Environmental Services, Inc.
Printed: 8/16/2012
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Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
Emergency Road Clearing (IF REQUIRED)
1 Wheel Loader, 644 or equivalent w/min. 2.5 cyr bucket Hours $150.00 $150.00 $97.22 $120.00 $119.00 $110.00 $110.00 $75.00 $145.00 $95.00 $115.00
2 Hydraulic Excavator, Crawler, 90,200 lb. w/min. 1.5cyr bucket Hours $124.00 $155.00 $130.00 $135.00 $124.00 $110.00 $90.00 $105.00 $95.00 $100.00 $125.00
3 Lowboy Trailer and Tractor Hours $95.00 $50.00 $97.22 $90.00 $119.00 $90.00 $95.00 $95.00 $75.00 $80.00 $125.00
4 Dozer, tracked 2-3 cyr blade capacity Hours $150.00 $55.00 $173.61 $120.00 $89.00 $70.00 $110.00 $95.00 $85.00 $85.00 $110.00
5 Dozer, tracked, D-7 or equivalent Hours $175.00 $75.00 $201.39 $140.00 $159.00 $150.00 $65.00 $85.00 $90.00 $140.00 $115.00
6 Motor Grader with 12ft blade, 130-140 net hp Hours $130.00 $85.00 $208.33 $160.00 $159.00 $100.00 $60.00 $75.00 $135.00 $110.00 $145.00
7 Backhoe, with loader, 1.5 cyr capacity with thumb attachment Hours $95.00 $50.00 $138.89 $110.00 $89.00 $70.00 $70.00 $75.00 $125.00 $70.00 $125.00
8 Dump truck or truck / trailer with 16-20 cyr capacity Hours $80.00 $55.00 $76.39 $65.00 $62.00 $63.00 $75.00 $75.00 $45.00 $60.00 $75.00
9 Dump truck or truck / trailer with 21-30 cyr capacity Hours $90.00 $60.00 $83.33 $75.00 $71.00 $78.00 $80.00 $75.00 $50.00 $70.00 $80.00
10 Dump truck or truck / trailer with 31-50 cyr capacity Hours $100.00 $65.00 $83.33 $80.00 $89.00 $85.00 $110.00 $75.00 $55.00 $80.00 $85.00
11 Dump truck or truck / trailer with 51-80 cyr capacity Hours $120.00 $75.00 $87.50 $100.00 $109.00 $100.00 $200.00 $85.00 $65.00 $90.00 $125.00
12 Self-loading knuckleboom with body of 30 cyr or more Hours $167.00 $150.00 $145.83 $145.00 $149.00 $132.00 $125.00 $85.00 $95.00 $100.00 $175.00
13 30-ton Crane Hours $195.00 $125.00 $312.50 $175.00 $269.00 $150.00 $200.00 $85.00 $110.00 $150.00 $360.00
14 50 ft. bucket truck Hours $150.00 $110.00 $201.39 $150.00 $134.00 $110.00 $125.00 $85.00 $115.00 $100.00 $160.00
15 Trailer mounted flood light set with generator unit Hours $25.00 $25.00 $20.83 $40.00 $19.00 $19.00 $25.00 $60.00 $20.00 $40.00 $65.00
16 Service truck w/air, fuel, welding and misc. tools Hours $85.00 $30.00 $97.22 $100.00 $64.00 $65.00 $75.00 $95.00 $45.00 $65.00 $85.00
17 Project Manager with pickup truck and radio / cell phone Hours $95.00 $50.00 $90.28 $75.00 $59.00 $60.00 $50.00 $65.00 $65.00 $65.00 $110.00
18 Crew Foreman with pickup truck and radio / cell phone Hours $65.00 $60.00 $62.50 $55.00 $47.00 $48.00 $45.00 $65.00 $60.00 $45.00 $78.00
19 Laborer with pickup truck, 1/2 ton or larger Hours $45.00 $40.00 $54.50 $30.00 $27.00 $35.00 $55.00 $50.00 $34.00 $40.00 $70.00
20 Laborer with chainsaw, min 16" w/hand tools/safety equip.Hours $45.00 $65.00 $41.67 $35.00 $31.00 $32.00 $30.00 $40.00 $38.00 $35.00 $48.00
21 Climber w/gear Hours $85.00 $75.00 $55.56 $90.00 $85.00 $90.00 $32.00 $50.00 $85.00 $40.00 $68.00
22 Laborer with hand tools and safety equipment Hours $45.00 $45.00 $37.50 $35.00 $27.00 $28.00 $25.00 $40.00 $28.00 $30.00 $36.00
23 Flagman with safety signs Hours $32.50 $40.00 $37.50 $30.00 $31.00 $28.00 $25.00 $30.00 $28.00 $30.00 $36.00
Page 1
Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
Vegetative Collect and Haul
1 Vegetative collect and removal for haul distance between 150,000 $7.00 $7.75 $8.00 $6.75 $7.85 $6.90 $10.00 $7.05 $6.12 $7.25 $8.00
0 - 15 miles from ROW to DMS CY $1,050,000.00 $1,162,500.00 $1,200,000.00 $1,012,500.00 $1,177,500.00 $1,035,000.00 $1,500,000.00 $1,057,500.00 $918,000.00 $1,087,500.00 $1,200,000.00
2 Vegetative collect and removal for haul distance between 150,000 $8.00 $8.00 $8.13 $7.05 $7.90 $7.30 $3.75 $7.05 $6.42 $7.25 $8.00
16 - 30 miles from ROW to DMS CY $1,200,000.00 $1,200,000.00 $1,219,500.00 $1,057,500.00 $1,185,000.00 $1,095,000.00 $562,500.00 $1,057,500.00 $963,000.00 $1,087,500.00 $1,200,000.00
3 Vegetative collect and removal for haul distance between 150,000 $9.00 $12.00 $8.24 $7.99 $7.90 $7.90 $4.00 $5.05 $6.62 $7.75 $8.75
31 - 60 miles from ROW to DMS CY $1,350,000.00 $1,800,000.00 $1,236,000.00 $1,198,500.00 $1,185,000.00 $1,185,000.00 $600,000.00 $757,500.00 $993,000.00 $1,162,500.00 $1,312,500.00
4 Single Price vegetative collect and removal for any 450,000 $8.50 $12.00 $8.00 $8.05 $7.90 $7.25 $16.50 $7.05 $6.42 $7.50 $8.50
haul distance from ROW to DMS CY $3,825,000.00 $5,400,000.00 $3,600,000.00 $3,622,500.00 $3,555,000.00 $3,262,500.00 $7,425,000.00 $3,172,500.00 $2,889,000.00 $3,375,000.00 $3,825,000.00
Vegetative Collect and Hall - TOTAL $7,425,000.00 $9,562,500.00 $7,255,500.00 $6,891,000.00 $7,102,500.00 $6,577,500.00 $6,045,000.00 $5,763,000.00 $7,537,500.00
Management and Reduction
1 Grinding / Chipping vegetative debris 450,000 $1.75 $2.50 $1.25 $2.75 $2.75 $2.70 $2.50 $2.45 $1.82 $3.25 $1.75
CY $787,500.00 $1,125,000.00 $562,500.00 $1,237,500.00 $1,237,500.00 $1,215,000.00 $1,125,000.00 $1,102,500.00 $819,000.00 $1,462,500.00 $787,500.00
2 Compacting vegetative debris 450,000 $1.75 $1.00 $0.00 $1.25 $0.10 $1.25 $2.00 $0.25 $0.45 $2.00 $1.25
CY $787,500.00 $450,000.00 $0.00 $562,500.00 $45,000.00 $562,500.00 $900,000.00 $112,500.00 $202,500.00 $900,000.00 $562,500.00
3 Preparation, management and segregating at debris 450,000 $2.00 $0.98 $3.13 $1.00 $1.50 $0.80 $1.75 $0.50 $0.82 $3.00 $1.50
management site CY $900,000.00 $441,000.00 $1,408,500.00 $450,000.00 $675,000.00 $360,000.00 $787,500.00 $225,000.00 $369,000.00 $1,350,000.00 $675,000.00
Management and Reduction - TOTAL $2,475,000.00 $2,016,000.00 $1,971,000.00 $2,250,000.00 $1,957,500.00 $2,137,500.00 $2,812,500.00 $1,440,000.00 $1,390,500.00 $3,712,500.00 $2,025,000.00
Page 2
Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
C & D Collect and Haul
1 C & D collect and removal for haul distance between 50,000 $7.00 $7.50 $8.00 $7.05 $8.40 $6.90 $11.50 $7.05 $6.12 $7.50 $8.00
0 - 15 miles from ROW to DMS CY $350,000.00 $375,000.00 $400,000.00 $352,500.00 $420,000.00 $345,000.00 $575,000.00 $352,500.00 $306,000.00 $375,000.00 $400,000.00
2 C & D collect and removal for haul distance between 50,000 $8.00 $8.00 $8.13 $8.00 $8.45 $7.30 $3.75 $7.05 $6.68 $7.75 $8.00
16 - 30 miles from ROW to DMS CY $400,000.00 $400,000.00 $406,500.00 $400,000.00 $422,500.00 $365,000.00 $187,500.00 $352,500.00 $334,000.00 $387,500.00 $400,000.00
3 C & D collect and removal for haul distance between 50,000 $9.00 $14.00 $8.54 $8.99 $8.50 $7.90 $4.80 $5.05 $6.86 $8.50 $8.75
31 - 60 miles from ROW to DMS CY $450,000.00 $700,000.00 $427,000.00 $449,500.00 $425,000.00 $395,000.00 $240,000.00 $252,500.00 $343,000.00 $425,000.00 $437,500.00
4 Single Price C & D collect and removal for any 150,000 $8.50 $12.00 $8.00 $9.00 $8.45 $8.00 $16.50 $7.05 $6.68 $8.00 $8.50
haul distance from ROW to DMS CY $1,275,000.00 $1,800,000.00 $1,200,000.00 $1,350,000.00 $1,267,500.00 $1,200,000.00 $2,475,000.00 $1,057,500.00 $1,002,000.00 $1,200,000.00 $1,275,000.00
C & D Collect and Haul - TOTAL $2,025,000.00 $2,575,000.00 $2,433,500.00 $2,552,000.00 $2,535,000.00 $2,305,000.00 $3,477,500.00 $2,015,000.00 $1,985,000.00 $2,387,500.00 $2,512,500.00
Final Disposal
1 Transport processed debris from DMS to final disposal 450,000 $3.00 $3.00 $1.39 $4.99 $3.75 $2.70 $3.00 $3.80 $3.24 $2.25 $4.00
location, 0 - 15 miles CY $1,350,000.00 $1,350,000.00 $625,500.00 $2,245,500.00 $1,687,500.00 $1,215,000.00 $1,350,000.00 $1,710,000.00 $1,458,000.00 $1,012,500.00 $1,800,000.00
2 Transport processed debris from DMS to final disposal 450,000 $4.00 $4.00 $1.94 $5.15 $4.50 $3.30 $5.75 $4.90 $4.24 $2.50 $4.00
location, 16 - 30 miles CY $1,800,000.00 $1,800,000.00 $873,000.00 $2,317,500.00 $2,025,000.00 $1,485,000.00 $2,587,500.00 $2,205,000.00 $1,908,000.00 $1,125,000.00 $1,800,000.00
3 Transport processed debris from DMS to final disposal 450,000 $4.50 $6.00 $2.50 $5.99 $5.25 $4.25 $7.00 $5.95 $4.42 $3.00 $4.75
location, 31 - 60 miles CY $2,025,000.00 $2,700,000.00 $1,125,000.00 $2,695,500.00 $2,362,500.00 $1,912,500.00 $3,150,000.00 $2,677,500.00 $1,989,000.00 $1,350,000.00 $2,137,500.00
4 Transport processed debris from DMS to final disposal 450,000 $6.75 $6.00 $1.94 $6.25 $6.00 $6.25 $8.00 $6.40 $5.12 $3.75 $5.00
location, 60 plus miles CY $3,037,500.00 $2,700,000.00 $873,000.00 $2,812,500.00 $2,700,000.00 $2,812,500.00 $3,600,000.00 $2,880,000.00 $2,304,000.00 $1,687,500.00 $2,250,000.00
5 Single Price transport processed debris from DMS to 450,000 $6.75 $6.00 $2.22 $10.00 $6.00 $5.25 $10.25 $5.50 $4.42 $3.00 $4.75
final disposal location, any distance CY $3,037,500.00 $2,700,000.00 $999,000.00 $4,500,000.00 $2,700,000.00 $2,362,500.00 $4,612,500.00 $2,475,000.00 $1,989,000.00 $1,350,000.00 $2,137,500.00
6 Tipping Fees (MIX)600,000 $22.00 $7.50 $0.00 *See Note #1 $3.00 *See Note #1 $48.00 $18.00 $22.00 Actual Cost $18.00
*includes negotiated contract price or pass through CY $13,200,000.00 $4,500,000.00 $0.00 $0.00 $1,800,000.00 $0.00 $28,800,000.00 $10,800,000.00 $13,200,000.00 $0.00 $10,800,000.00
amount for C & D
7 Tipping Fees (Vegetative)450,000 $18.00 $7.00 $2.00 *See Note #1 $1.25 *See Note #1 $42.00 $9.40 $18.00 $4.50 $13.50
*includes negotiated contract price or pass through CY $8,100,000.00 $3,150,000.00 $900,000.00 $0.00 $562,500.00 $0.00 $18,900,000.00 $4,230,000.00 $8,100,000.00 $2,025,000.00 $6,075,000.00
amount for vegetative
8 Tipping Fees ( C & D )150,000 $22.00 $10.00 $5.00 *See Note #1 $10.00 *See Note #1 $48.00 $18.00 $22.00 $14.00 $23.00
*includes negotiated contract price or pass through CY $3,300,000.00 $1,500,000.00 $750,000.00 $0.00 $1,500,000.00 $0.00 $7,200,000.00 $2,700,000.00 $3,300,000.00 $2,100,000.00 $3,450,000.00
amount for C & D
Final Disposal - TOTAL $22,912,500.00 $14,700,000.00 $2,649,000.00 $4,500,000.00 $6,562,500.00 $2,362,500.00 $59,512,500.00 $20,205,000.00 $26,589,000.00 $5,475,000.00 $22,462,500.00
Page 3
Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
Tree Operations
1 Hazardous Tree removal, 6 - 12 inch trunk diameter 1,500 $65.00 $50.00 $106.25 $0.00 $12.00 $25.00 $32.00 $50.00 $75.00 $45.00 $50.00
Tree / ea.$97,500.00 $75,000.00 $159,375.00 $0.00 $18,000.00 $37,500.00 $48,000.00 $75,000.00 $112,500.00 $67,500.00 $75,000.00
2 Hazardous Tree removal, 13 - 24 inch trunk diameter 1,200 $110.00 $75.00 $150.00 $0.00 $62.00 $70.00 $49.00 $60.00 $195.00 $60.00 $75.00
Tree / ea.$132,000.00 $90,000.00 $180,000.00 $0.00 $74,400.00 $84,000.00 $58,800.00 $72,000.00 $234,000.00 $72,000.00 $90,000.00
3 Hazardous Tree removal, 25 - 36 inch trunk diameter 400 $195.00 $150.00 $206.25 $100.00 $248.00 $120.00 $68.00 $70.00 $375.00 $80.00 $100.00
Tree / ea.$78,000.00 $60,000.00 $82,500.00 $40,000.00 $99,200.00 $48,000.00 $27,200.00 $28,000.00 $150,000.00 $32,000.00 $40,000.00
4 Hazardous Tree removal, 37 - 48 inch trunk diameter 200 $295.00 $199.00 $250.00 $200.00 $406.00 $200.00 $75.00 $125.00 $575.00 $100.00 $150.00
Tree / ea.$59,000.00 $39,800.00 $50,000.00 $40,000.00 $81,200.00 $40,000.00 $15,000.00 $25,000.00 $115,000.00 $20,000.00 $30,000.00
5 Hazardous Tree removal, 49+ inch trunk diameter 50 $325.00 $400.00 $250.00 $300.00 $708.00 $300.00 $95.00 $225.00 $750.00 $125.00 $250.00
Tree / ea.$16,250.00 $20,000.00 $12,500.00 $15,000.00 $35,400.00 $15,000.00 $4,750.00 $11,250.00 $37,500.00 $6,250.00 $12,500.00
6 Hazardous hanging limb removal > 2 inch diameter 1,500 $100.00 $48.00 $80.00 $40.00 $86.00 $75.00 $25.00 $95.00 $92.50 $85.00 $89.00
Tree / ea.$150,000.00 $72,000.00 $120,000.00 $60,000.00 $129,000.00 $112,500.00 $37,500.00 $142,500.00 $138,750.00 $127,500.00 $133,500.00
7 Hazardous stump removal 24 - 36 inch stump diameter 600 $115.00 $200.00 $466.67 $250.00 $152.00 $125.00 $100.00 $75.00 $200.00 $235.00 $200.00
Stump/ea $69,000.00 $120,000.00 $280,002.00 $150,000.00 $91,200.00 $75,000.00 $60,000.00 $45,000.00 $120,000.00 $141,000.00 $120,000.00
8 Hazardous stump removal 37 - 48 inch stump diameter 200 $195.00 $325.00 $437.50 $350.00 $237.00 $175.00 $150.00 $125.00 $300.00 $375.00 $300.00
Stump/ea $39,000.00 $65,000.00 $87,500.00 $70,000.00 $47,400.00 $35,000.00 $30,000.00 $25,000.00 $60,000.00 $75,000.00 $60,000.00
9 Hazardous stump removal 49+ inch stump diameter 50 $325.00 $500.00 $437.50 $450.00 $396.00 $25.00 $225.00 $175.00 $400.00 $495.00 $400.00
Stump/ea $16,250.00 $25,000.00 $21,875.00 $22,500.00 $19,800.00 $1,250.00 $11,250.00 $8,750.00 $20,000.00 $24,750.00 $20,000.00
10 Fill dirt for stump holes after removal 25,000 $13.50 $10.00 $0.00 $12.00 $7.20 $10.00 $7.50 $4.00 $14.00 $16.00 $16.00
CY $337,500.00 $250,000.00 $0.00 $300,000.00 $180,000.00 $250,000.00 $187,500.00 $100,000.00 $350,000.00 $400,000.00 $400,000.00
Tree Operations - TOTAL $994,500.00 $716,800.00 $286,875.00 $777,500.00 $724,600.00 $716,750.00 $470,700.00 $415,500.00 $1,161,250.00 $1,010,500.00 $1,036,000.00
Page 4
Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
Specialty Removal
1 Waterway Debris Removal CY $75.00 $35.00 $37.33 $20.00 $28.00 $70.00 $12.50 $17.00 $48.62 $18.00 $28.00
2 Sand Collection and Screening CY $8.00 $10.00 $14.64 $12.00 $14.00 $11.00 $6.50 $12.40 $8.12 $16.00 $18.00
``
3 Vehicle Removal Unit $225.00 $99.00 $250.00 $100.00 $200.00 $225.00 $250.00 $125.00 $179.00 $225.00 $125.00
4 .LF $160.00 $95.00 $50.00 $500.00 $40.00 $16.00 $20.00 $11.40 $120.00 $100.00 $25.00
5 Vessel Removal (Marine)LF $175.00 $200.00 $93.75 $750.00 $90.00 $25.00 $38.00 $14.50 $295.00 $300.00 $50.00
6 Carcass Removal Pound $3.00 $1.98 $7.09 $5.00 $2.00 $0.50 $25.00 $9.00 $4.95 $2.00 $5.00
7 ROW White Goods Removal Unit $75.00 $40.00 $56.25 $60.00 $48.00 $30.00 $4.00 $45.00 $45.00 $75.00 $45.00
8 Freon Management Unit $75.00 $36.00 $37.50 $60.00 $55.00 $35.00 $8.50 $35.00 $45.00 $45.00 $45.00
9 Demolition of Private Structure CY $15.00 $125.00 $16.67 $15.00 $17.50 $14.00 $58.00 $12.60 $22.68 $22.50 $3.00
10 Electronic Waste Unit $95.00 $24.00 $43.75 $120.00 $38.00 $40.00 $16.50 $9.00 $25.00 $40.00 $16.00
11 Silt Removal CY $8.00 $25.00 $5.56 $10.00 $11.00 $16.00 $0.00 $9.80 $14.95 $0.00 $16.00
No Bid
12 Putrescent Removal Pound $125.00 $1.90 $11.09 $12.00 $4.00 $0.50 $0.00 $11.60 $12.50 $0.00 $10.00
Cubic Yard No Bid
13 Biowaste Pound $200.00 $4.50 $12.61 $350.00 $6.00 $0.50 $25.00 $17.30 $12.95 $10.00 $25.00
14 Household Hazardous Waste (HHW)Pound $25.00 $17.00 $11.09 $350.00 $6.00 $7.00 $4.00 $17.30 $8.95 $4.00 $20.00
Page 5
Due Date 06.28.2012 @ 2:00 PM CITY OF DELRAY BEACH
RFP #2012-30 Disaster Debris Removal Price Proposals
C O N T R A C T O R =====>
Item #
All equipment Pricing to include Operator Unit
of Measure - Hours Est. UOM
Ash Britt
Environmental
ATL Disaster
Recovery
Byrd Brothers
Emergency
Services, LLC
Bergeron
Emergency
Services, Inc.
Ceres
Enviromental
Services, Inc.
CrowderGulf
Joint Venture,
Inc.
Devland Site,
Inc.
D & J
Enterprises, Inc.
DRC Emergency
Services, LLC
Omni Pinnacle,
LLC
Phillips &
Jordan, Inc.
Restoration
1 Beach / Lake Restoration CY $65.00 $12.00 $16.00 $20.00 $18.00 $55.00 $42.50 $4.60 $9.42 $16.00 $30.00
2 Canal Shoreline Restoration LF $32.50 $95.00 $13.75 $6.50 $18.00 $7.00 $3.00 $9.60 $12.62 $9.00 $20.00
Monitoring
1 Debris Management Site Debris Monitors Hour $55.00 $65.00 $0.00 $55.00 $38.00 $35.00 $300.00 $39.00 $35.00 $50.00 $80.00
2 Debris Collection Site Debris Monitors (Field)Hour $55.00 $65.00 $0.00 $55.00 $38.00 $35.00 $300.00 $39.00 $55.00 $50.00 $70.00
3 Sr. Technician / Field Supervisor Hour $75.00 $65.00 $0.00 $65.00 $55.00 $70.00 $68.00 $49.00 $70.00 $55.00 $100.00
4 Clerical Staff Hour $35.00 $45.00 $0.00 $40.00 $32.00 $35.00 $45.00 $39.00 $32.00 $40.00 $50.00
5 Clerical Supervisor Hour $45.00 $50.00 $0.00 $45.00 $35.00 $45.00 $40.00 $49.00 $36.00 $50.00 $50.00
4-8 persons as needed
Vendor Comments / Additional Info *Note #1-Tipping fees will be *Note #1-At time of disaster CrowderGulf
Red text indicates price paid by BSE based on the will negotiate the lowest tipping fee
correction by bidder actual fee at the facility available in the area. (In the past
designated by the City of CrowderGulf has been quite successful
Delray. That fee will then negotiating a lower tipping fee than
be billed to the City with no can be negotiated before a disaster
markup as a "pass-through".occurs. This has saved our customers
& FEMA money.) CrowderGulf
the City at cost.
Bid Bond - 5% Submitted ?YES YES YES YES YES YES YES YES YES YES YES
Addendums 1 thru 8 Acknowledged ?YES YES YES YES YES YES YES YES YES YES YES
***Notates Errors in addition/calculations-By Vendor
Line items 6,7 & 8 under Final Disposal are estimated tipping fees. Actual fees charged will be the basis for payment.
Page 6
1
Hasko, Richard
To:Schmitz, James
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tim Simmons, Parks Superintendent
Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 8.M.2 - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC.
ITEM BEFORE COMMISSION
City Commission is requested to approve Bid No. 201 2-33, Landscape Maintenance Contract
at Homewood & Linton Blvd and 3 medians on Military Trail, to Complete Property Services of South
Florida, Inc. in the amount of $39,970.00.
BACKGROUND
Parks and Recreation recommends approval of the Lan dscape Maintenance Bid No. 2012-33 to
Complete Property Services of South Florida, Inc. b ecause the other bidder, Gator Landscaping, Inc.,
withdrew their bid of $32,926.32. Only two bids we re received.
Complete Property Services, Inc. is currently doing business with the City of Delray Beach and has
successfully been doing so for the past 10+ years.
FUNDING SOURCE
Funding is from Beautification Fund account # 119-4 144-572-46.40.
RECOMMENDATION
Parks and Recreation recommends Commission approval to award Bid No. 2012-33 to Complete
Property Services of South Florida, Inc. in the amo unt of $39,970.00.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Candi N. Jefferson, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
WAIVER REQUEST/ WEST CORNER VENTURE, LLC
ITEM BEFORE COMMISSION
Consideration of a waiver request for The 10 th and 10 th Center to allow a 1’ landscape buffer where 5’ is
required pursuant to LDR Section 4.6.16(H)(3)(d).
BACKGROUND
Waiver Requests LDR Section 2.4.7(B)(5) Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body must make a
finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
5 ’ Perimeter Landscape Strip:
Per LDR Section 4.6.16(H)(3)(d), a five foot (5’) perimeter landscape strip is required between parki ng
areas and the adjacent property lines and one foot(1’) is propose d between internal property lines (the
development is to be subdivided into two parcels). This reduction occurs at the north termination of t he
parking row for Parcel B. The applicant has submitt ed a waiver request for a reduction of the perimete r
landscape strip width.
The following verbatim narrative in support of the waiver has been provided:
“It is noted that the landscape buffer on the south side of the Parcel A parking is
approximately 20' in width. This landscape buffer a buts the proposed parking on Parcel
B. Therefore, the overall development plan meets t he intent of the LDR landscaping
requirements.
Since the plat for this development has already bee n prepared and submitted for review,
it is not a simple matter to shift the lot line at this stage of the project development.
Recreating the numerous legal exhibits associated with the parcel metes and bounds
would create an undue hardship on the owner. There fore, we are requesting that a
waiver from the five-foot landscape buffer requirem ent be granted.”
Waiver Analysis:
The 10th & 10th Center has accommodated a considera ble number of site redesign requests to satisfy the
City’s requirements. Due to the positioning of the north parcel boundary line for Parcel B, the five foot
(5’) landscape strip was overlooked. There is substantia l landscaping provided adjacent to the parking
row on Parcel A, therefore the intent of the code i s still met with the proposed plans. Accordingly,
positive findings can be made with respect to LDR S ection 2.4.7(B)(5), Waiver Findings.
REVIEW BY OTHERS
The Site Plan Review and Appearance Board reviewed the waiver request at their meeting of August
24, 2012 in conjunction with the Class V Site Plan approval. The Board gave a recommendation of
approval of the waiver on a unanimous vote of 5-0. A detailed description and analysis of the
development proposal is contained within the attach ed Site Plan Review and Appearance Board staff
report of August 24, 2012.
RECOMMENDATION
Move approval of the request for a waiver to LDR Se ction 4.6.16(H)(3)(d) to reduce the perimeter
landscape strip from five feet (5’) to one foot (1’) between parcels at the north termination of the
parking row for Parcel B, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Com prehensive Plan and meets criteria set forth in Sec tion
2.4.7(B)(5) of the Land Development Regulations.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR THE 10 th AND 10 TH CENTER
located at the Southeast Corner of SW 10 th Street and SW 10 th Avenue
1. This waiver request came before the City Commission on September 4,
2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request for The 10th and
10th Center located at the southeast corner of SW 10th Street and SW 10th Avenue.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
A. Waiver to LDR Section 4.6.16 (H) (3) (d)
Pursuant to LDR Section 4.6.16 (H) (3) (d), the minim um required width of
the perimeter landscape planting strip is five feet (5’). The applicant is
requesting a waiver to reduce the planting strip width from five feet (5’) to
one foot (1’) between the parcels at the north termin ation of the parking
row for Parcel B.
Should the waiver be granted?
Yes ______ No _______
2
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves _ _
denies ___ the waiver request.
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 4th day of September, 2012, by a vote of ____ in favor and __ __
opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN
ITEM BEFORE COMMISSION
Consider adoption of the “South Federal Highway Red evelopment Plan”, which covers the commercial
properties on both sides of South Federal Highway b etween Linton Boulevard on the north and the city
limits to the south. This item was postponed from t he August 21, 2012 City Commission Meeting.
BACKGROUND
The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of an area,
evaluate the existing and potential uses, and ident ify specific measures for arresting decline, facili tating
new development, and enhancing the quality of life for residents of the area. Six of these areas were
originally depicted on the 1989 Future Land Use Map as Redevelopment Areas #1 through #6.
Additional areas, including South Federal Highway, have been added since to address changes in
conditions.
In 2008, City leaders saw how volatile the automoti ve industry had become and became concerned that
the large amount of automotive dealerships on South Federal Highway would not be sustainable in the
long term. If the industry imploded and dealers beg an to withdraw from the area, there would be a majo r
economic impact on the corridor and the City as a w hole. The City Commission wanted the area to be
evaluated and a Plan prepared that would help the a rea to become more sustainable. A Policy dealing
with this area was added to the Comprehensive Plan in Amendment 2008-1, adopted on December 9,
2008.
In 2010, an attempt by Walmart to rezone the former Ralph Buick property on the east side of South
Federal Highway from AC (Automotive Commercial) to PC (Planned Commercial) met considerable
opposition from the residents of the adjacent neigh borhood based on compatibility. The rezoning
ultimately failed and the property is still vacant. A series of public workshops were held in 2011 to
engage residents in a discussion of exactly what th eir objections were and how they might be addressed
in the upcoming Redevelopment Plan for the area. St aff’s goal was to separate the use issues from the
site planning issues and strike a balance between t he residents’ needs and the needs of the commercial
property owners.
Initially, the primary intent of the Redevelopment Plan was to deal with land use issues and
sustainability. However, to increase the comfort le vel of the adjacent neighborhoods and ensure
compatibility, the Plan was expanded to include a n umber of buffering and setback provisions, as well
as a limitation on maximum tenant size. Although so me compromise will be necessary, with these
provisions in place, staff is confident that the re sidents’ concerns can be addressed while ensuring that
the commercial corridor remains viable for commerci al development and that this redevelopment area
becomes a catalyst for economic development in the City.
A complete background on the Redevelopment Plan can be found in the attached Planning and Zoning
Board Staff Report.
REVIEW BY OTHERS
At its meeting of July 16, 2012, the Planning and Z oning Board held a public hearing on the proposed
Redevelopment Plan. Staff presented the Plan and se veral members of the public spoke about the various
components of the Plan, including the proposed rezo nings, the maximum tenant size, buffer
requirements and restrictions on the west side of S outh Federal Highway.
After discussion, the Planning and Zoning Board rec ommended approval of the Redevelopment Plan (5
to 0) with the condition that the following changes be made:
1. In the “Introduction” and “Plan Implementation” Sections of the Plan, staff had described the level of
concern by residents in this area to a proposed shopping cente r (Walmart) adjacent to their neighborhood
as “extreme”.
The Planning and Zoning Board felt that the use of the word “extreme” was not appropriate and should
be changed. This change has been incorporated into the Plan.
2. Staff had recommended that the zoning for the Ol d Harbor Office and Bank parcel (Area 1 in the
Plan), located at the southeast corner of Linton Bo ulevard and South Federal Highway, be changed from
POC (Planned Office Center) to PC (Planned Commerci al) or alternatively to SAD (Special Activities
District). A rezoning to PC would also require a FL UM Amendment from TRN (Transitional) to GC
(General Commercial). A FLUM amendment would not be required for SAD zoning.
The Planning and Zoning Board recommended that rezo ning of the property be limited to SAD (Special
Activities District). The Plan has been changed to retain the original POC zoning with the option for a
privately -initiated rezoning by the property owners to SAD (Special Activities District).
3. Staff had recommended that the zoning for the fo rmer Ralph Buick parcel, located on the east side o f
South Federal Highway, north of Fladell Way, be cha nged from AC (Automotive Commercial) to PC
(Planned Commercial).
The Planning and Zoning Board recommended that the zoning be left as AC, but that a privately -
initiated rezoning by the property owners to SAD (S pecial Activities District) would also be possible.
This change has not been incorporated into the Plan. Staff feels that additional automotive commercial
development on the east side of Federal Highway is not appropriate and the property should be rezoned
to PC. The initial compatibility issues associated with the previous application for rezoning to GC fo r
Walmart have been addressed in the Plan with indivi dual tenant size maximums, increased setbacks,
buffering requirements and proposed operational res trictions on loading times, etc.
4. Staff had recommended a maximum tenant size of 5 0,000 square feet throughout the redevelopment
area. Many of the residents in the area would like 30,000 as the maximum tenant size.
The Planning and Zoning Board supported the 50,000 maximum tenant size, but recommended that it
only apply to properties on the east side of South Federal Highway.
5. Staff had recommended that a restriction on deli veries/loading/unloading operations be placed on
properties adjacent to the residential development on the east side of South Federal Highway. Although
this restriction was meant to apply only to the pro perties on the east side of South Federal Highway, it
was not so stated in the Plan. Although there was a lso some confusion as to the applicability of other
requirements, including special landscape buffers a nd building setbacks on the west side of South
Federal Highway, it is noted that the Plan clearly states that all of these requirements are only to a pply
to properties on the east side of South Federal Hig hway.
The Planning and Zoning Board recommended that the provisions only apply to properties on the east
side of South Federal Highway. This change has been incorporated into the Plan.
6. Staff had recommended a special landscape buffer for properties on the east side of South Federal
Highway consisting of a wall and a double row of tr ees. No species or size requirements were stated fo r
the trees.
The Planning and Zoning Board recommended that the species and size of the trees be indicated in the
Plan. This change has been incorporated into the Pl an.
A public workshop was held on July 10, 2012 to disc uss the Plan with the property owners, business
owners and residents within the area and surroundin g neighborhoods.
A number of e-mails and letters, as well as a response on the Ope n City Hall Forum have been received
to date concerning preparation of the Redevelopment Plan. They are attached to this report. Additional
letters of objection or support, if any, will be pr ovided at the City Commission meeting.
RECOMMENDATION
By motion, adopt the South Federal Highway Redevelo pment Plan, based on positive findings that it
supports and furthers the Goals, Objectives and Pol icies of the Comprehensive Plan.
C IT
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1
3
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dments to the Land Development
Re
g
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l
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l, office and residential uses in an
ur
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s
a catalyst to increase
pr
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a
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o
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R
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d
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l
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t
A
r
ea will require the City to initiate
se
v
e
r
a
l
c
h
a
n
g
e
s
t
o
t
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e
Fu
t
u
r
e
L
a
n
d
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s
e
M
a
p
a
n
d corresponding Zoning
de
s
i
g
n
a
t
i
o
n
s
.
R
e
c
o
m
m
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n
d
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d
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g
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at
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o
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d
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e
d
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.
FU
T
U
R
E
L
A
N
D
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S
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M
A
P
Ne
a
r
l
y
9
3
p
e
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e
n
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o
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o
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t
h
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e
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l
H
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y
R
e
d
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l
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p
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e
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t
A
r
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a
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s
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r
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n
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l
y
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s
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g
n
a
t
e
d
a
s
G
C
(
G
e
n
e
r
a
l
C
o
m
m
e
r
c
i
a
l
)
o
n
t
h
e
F
u
t
u
r
e
L
a
n
d
U
s
e
M
a
p
(F
L
U
M
)
.
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h
e
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e
m
a
i
n
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n
g
7
%
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s
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e
s
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g
n
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t
ed
T
R
N
(
T
r
a
n
s
i
t
i
onal). Two Future
La
n
d
U
s
e
M
a
p
m
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d
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f
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c
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t
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e
R
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t
A
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a
.
Bo
t
h
c
h
a
n
g
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om
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l
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a
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f
th
e
R
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d
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p
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n
t
P
l
a
n
,
t
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s
e
m
o
d
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f
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t
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p
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s
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m
a
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a
l
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m
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d
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s
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T
h
e
pr
o
p
o
s
e
d
a
m
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n
d
m
e
n
t
s
are as follows:
Ar
e
a
1
:
U
n
d
e
v
e
l
o
p
e
d
p
a
r
ce
l
s
l
o
c
a
t
e
d
o
n
t
h
e
n
o
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t
h
s
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d
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o
f
L
e
M
a
t
A
v
e
n
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e
-
Ch
a
n
g
e
t
h
e
F
L
U
M
d
e
s
i
g
n
a
t
i
o
n
f
r
o
m
T
R
N (Transitional) to GC (General
Co
m
m
e
r
c
i
a
l
)
-
a
p
p
r
o
x
i
m
a
t
e
l
y
0
.
2
3
a
c
r
e
s
.
A concurrent re zoning to GC
(G
e
n
e
r
a
l
C
o
m
m
e
r
c
i
a
l
)
w
i
l
l
b
e
p
r
o
ce
s
s
e
d
w
i
t
h
t
h
e
F
L
U
M
a
m
e
n
d
m
e
n
t
.
Ar
e
a
2
:
"
Q
u
a
l
i
t
y
L
i
g
h
t
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n
g
a
n
d
A
c
c
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s
o
r
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l
o
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a
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d
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t
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s
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of
S
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H
W
A
Y
R
E
D
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V
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L
O
P
M
E
N
T
P
L
A
N
EXECUTIVE SUMMARY
ii
de
s
i
g
n
a
t
i
o
n
o
f
t
h
e
r
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a
r
p
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p
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y
(
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t
3
0
)
f
r
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m
T
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N
(T
r
a
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s
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t
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t
o
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C
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n
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r
a
l
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o
m
m
e
rc
i
a
l
)
-
a
p
p
r
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x
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m
a
t
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l
y
0
.
1
0
a
c
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s
.
A
co
n
c
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r
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n
t
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e
z
o
n
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n
g
t
o
PC
(
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l
a
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d
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l
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r
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r
,
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p
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re
q
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f
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a
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l
t
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a
t
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n
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a
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t
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p
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.
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f
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r
s
t
t
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f
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t
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a
n
d
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e
M
a
p
a
m
e
n
d
m
e
n
t
s
.
Ar
e
a
1
:
U
n
d
e
v
e
l
o
p
e
d
p
a
r
c
e
l
s
l
o
c
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t
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t
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n
o
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t
h
s
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d
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o
f
L
e
M
a
t
A
v
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n
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e
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Re
z
o
n
e
f
r
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m
N
C
(
N
e
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g
h
b
o
r
h
o
o
d
Co
m
m
e
r
c
i
a
l
)
t
o
G
C
(
G
e
n
e
r
a
l
Co
m
m
e
r
c
i
a
l
)
-
a
p
p
r
o
x
i
m
a
t
e
l
y
0
.
2
3
a
c
r
e
s
.
Ar
e
a
2
:
"
Q
u
a
l
i
t
y
L
i
g
h
t
i
n
g
a
n
d
A
c
c
e
s
s
o
r
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e
s
"
l
o
c
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t
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d
a
t
t
h
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s
o
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t
h
e
a
s
t
c
o
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r
of
S
o
u
t
h
F
e
d
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r
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l
H
i
g
h
w
a
y
a
n
d
L
e
Ma
t
A
v
e
n
u
e
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R
e
zo
n
e
f
r
o
m
R
M
(M
u
l
t
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p
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e
F
a
m
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l
y
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s
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n
t
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o
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C
(
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l
a
n
n
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d
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o
m
m
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r
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a
l
)
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a
p
p
r
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x
i
m
a
t
e
l
y
0.
1
0
a
c
r
e
s
.
Ar
e
a
3
:
F
o
r
m
e
r
R
a
l
p
h
B
u
i
c
k
D
e
a
l
e
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s
h
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p
l
o
c
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d
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t
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a
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t
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f
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Fe
d
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l
H
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h
w
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y
,
n
o
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t
h
o
f
F
l
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INTRODUCTION PAGE 1
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INTRODUCTION PAGE 3
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EXISTING CONDITIONS PAGE 11
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EXISTING CONDITIONS PAGE 12
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a
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P
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a well planned,
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rict shall be applied to
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o
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e Future Land Use Map
wh
e
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d
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,
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(
5
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s
;
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r
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v
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b
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y
a
r
e
a
s are attractively
de
v
e
l
o
p
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d
.
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i
t
h
f
e
w
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x
c
e
p
t
i
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d
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D
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s
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c
t
.
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i
g
h
b
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r
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d
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m
m
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r
c
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a
l
(
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e
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h
b
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d
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m
m
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r
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a
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(
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rict provides the opportunity to
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c
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h
i
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a
w
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t
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r
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f
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a
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d
a
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m
a
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n
m
e
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t
.
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P
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C
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s
to
b
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a
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d
a
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d
d
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d
o
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d
u
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d
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control and as a single
de
v
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l
o
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t
,
o
r
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a
p
r
og
r
a
m
m
e
d
s
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r
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s
o
f
d
e
v
e
lopment phases. Unified
co
n
t
r
o
l
m
a
y
b
e
a
c
h
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d
t
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h
e
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x
istence of binding
ag
r
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e
m
e
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t
s
a
m
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g
o
w
n
e
r
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o
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i
n
.
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h
e
m
i
n
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m
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m
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fo
r
a
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b
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t
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(
3
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a
c
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s
w
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d
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v
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a
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to
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PLAN IMPLEMENTATION PAGE 18
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PLAN IMPLEMENTATION PAGE 19
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PLAN IMPLEMENTATION PAGE 20
Fi
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as
f
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w
s
.
Ar
e
a
1
:
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n
d
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v
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F
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d
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t
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o
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f
r
om TRN (Transitional) to GC
(G
e
n
e
r
a
l
C
o
m
m
e
r
c
i
a
l
)
–
a
p
p
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m
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2
3
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ment in the NC zoning district,
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term strategy
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g
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3
.
9
–
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M
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N
T
P
L
A
N
PLAN IMPLEMENTATION PAGE 21
Ar
e
a
2
:
“
Q
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P
L
A
N
PLAN IMPLEMENTATION PAGE 22
Ar
e
a
1
:
U
n
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3
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Ar
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2
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c Isle Drive – Rezone a portion of
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PLAN IMPLEMENTATION PAGE 23
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l Highway. No vehicular
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districts onto residential
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P
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N
PLAN IMPLEMENTATION PAGE 26
De
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No
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING OF: JULY 16, 2012
AGENDA NO: V. A.
AGENDA ITEM: SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
re garding the proposed South Federal Highway Redevelopment Plan.
BACKGROUND AND ANALYSIS
The Future Land Use Element of the City’s Comprehensive Plan identifies areas of the City that,
due to substandard infrastructure, obsolete or inappropriate uses of la nd, vacant and dilapidated
structures, and other similarly blighting conditions are in need of special attention in the form of
a “Redevelopment Plan.” Goal Area “C” of the Future Land Use Element represents the starting
block upon which its implementation strategy has been built. It is stated as follows:
BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED
AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE
RENAISSANCE OF DELRAY BEACH.
The purpose of a Redevelopment Plan is to identify the specific d eficiencies and assets of an
area, evaluate the existing and potential uses, and identify specific measures for arresting
decline, facilitating new development, and enhancing the quality of life for residents of the area.
Six of these areas were originally depicted on the 1989 Future Land Use Map as
Redevelopment Areas #1 through #6. Additional areas have been added since to address
changes in conditions.
A Policy dealing with South Federal Highway was initially added to the Comprehensive Plan in
Amendment 2008 -1, adopted on December 9, 2008. This amendment was based on the City’s
2006 Evaluation and Appraisal Report which reviewed the entire Comprehensive Plan and
made recommendations based on changed conditions and priorities since the last EAR was
comple ted in 1996. As the Plan Amendment was being written in 2008, a recession was
beginning to take its toll on the national, state and local economies. While the residential
housing meltdown and resulting financial crisis affected all sectors of the economy, the
automotive industry was especially hard hit by the downturn. In 2008, a series of damaging
blows drove the Big Three to the verge of bankruptcy. The Big Three had in recent years
manufactured SUVs and large pickups, which were much more profitable than smaller, fuel -
efficient cars. When gasoline prices rose above $4 per gallon in 2008, Americans stopped
buying the big vehicles and Big Three sales and profitability plummeted. This forced automakers
to continue offering heavy incentives to help clear exce ss inventory. Sales fell further as
consumer credit tightened and it became much harder for people with average or poor credit to
obtain a bank loan to buy a car. The instability of the job market and individual consumers'
finances also discouraged consume rs who already had a working vehicle from taking on a new
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
2
loan and payments, which affected almost all major manufacturers. The overall effect of these
conditions was that the industry experienced an 18% drop in new car sales from 2007 levels.
As this sit uation was playing out, City leaders saw how volatile the automotive industry had
become and became concerned that the large amount of automotive dealerships on South
Federal Highway would not be sustainable in the long term. If the industry imploded and d ealers
began to withdraw from the area, there would be a major economic impact on the corridor and
the City as a whole. The City Commission wanted the area to be evaluated and a Plan prepared
that would help the area to become more sustainable. Policy C -1.12 was added to the Future
Land Use Element of the Comprehensive Plan which states:
Policy C -1.12 The following pertains to the South Federal Highway area, south
of Linton Boulevard.
In FY 2010/11, the City’s Planning & Zoning Department shall review exi sting
land uses in this area and shall create a redevelopment plan, overlay district or
other development tool to promote and guide future redevelopment of the area.
In 2010, an attempt by Walmart to rezone the former Ralph Buick property on the east side of
South Federal Highway from AC (Automotive Commercial) to PC (Planned Commercial) met
considerable opposition from the residents of the adjacent neighborhood based on compatibility.
The rezoning ultimately failed and the property is still vacant. Althou gh properly designed
shopping centers can and do exist adjacent to residential development throughout the City and
elsewhere, the level of concern by residents in this area was extreme. It became evident that
any redevelopment on this side of South Federal Highway would have to address compatibility
with the adjacent residential neighborhoods to the east.
The reality of the situation is that commercial property directly abuts residential property in this
area. South Federal Highway is a commercial corridor with nearly all of the property having a
General Commercial Future Land Use Map designation. With this Future Land Use designation
already in place, compatibility with adjacent uses is normally dealt with during the site plan
review process. Since the “No Big Box” mantra espoused during the Walmart hearings did not
adequately identify what the specific issues were with the use, a series of public workshops
were set in 2011 to engage residents in a discussion of exactly what their objections were and
how th ey might be addressed in the upcoming Redevelopment Plan for the area. Staff’s goal
was to separate the use issues from the site planning issues and strike a balance between the
residents’ needs and the needs of the commercial property owners.
Initially, the primary intent of the Redevelopment Plan was to deal with land use issues and
sustainability. However, to increase the comfort level of the adjacent neighborhoods and ensure
compatibility, the Plan was expanded to include a number of buffering and set back provisions,
as well as a limitation on maximum tenant size. Although some compromise will be necessary,
with these provisions in place, staff is confident that the residents’ concerns can be addressed
while ensuring that the commercial corridor remain s viable for commercial development and this
redevelopment area becomes a catalyst for economic development in the City.
HIGHLIGHTS OF THE PLAN
The South Federal Highway Redevelopment Area includes the commercial property along both
sides of the South Fe deral Highway corridor, between Linton Boulevard on the north and the
City Limits to the south. Nearly two -thirds of the area (64.76%) is located on the west side of
Federal Highway, which runs diagonally from northeast to southwest.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
3
The purpose of this R edevelopment Plan is to meet the intent in Future Land Use Element
Policy C -1.12 , which requires that a development tool to promote and guide future
redevelopment of the area be developed .
The Plan is divided into three sections:
The Introduction descri bes the Study Area and a brief history of the area. This section also
discusses the Future Land Use Element Policy in the Comprehensive and includes the
purpose of the Redevelopment Plan and a summary of the planning process that guided it.
The Existing C onditions section discusses the Redevelopment Area in terms which reflect
on its marketability for commercial development. This includes a brief description of the
existing land uses, zoning, f uture l and u se, housing, ownership, and vacant land.
The Pl an Implementation section outlines the potential plan for redevelopment of the
properties within the Redevelopment Area. The section establishes recommendations for
Future Land Use Map amendments , z oning changes and amendments to the Land
Development Regul ations . These recommendations work toward making the area more
marketable for commercial development while protecting the surrounding residential uses
from the impacts of redevelopment .
It is the intent of this plan to make the South Federal Highway Redev elopment Area a unique
place that will encourage the development of commercial , office , and residential uses in an
urban setting that will be sustainable into the future . This in turn, should serve as a catalyst to
stabilize the area and increase property values . The private sector will be the driving force
behind the revitalization of the Redevelopment Area. This plan will give private property owners
and developers a clear understanding of what the future could hold if they develop in the
prescribed mann er as suggested by this plan.
Recommendations for the Redevelopment Area will require the City to initiate several changes
to the Future Land Use Map and corresponding Zoning designations. Recommended
designations are discussed below:
FUTURE LAND USE MAP AMENDMENTS
Over 92 percent of the South Federal Highway Redevelopment Area is currently designated as
GC (General Commercial) on the Future Land Use Map (FLUM). The remaining 8% is
designated TRN (Transitional). Three Future Land Use Map modification s are recommended for
the Redevelopment Area. All three change the FLUM designation from TRN to GC. With these
modifications, the entire redevelopment area will have a GC FLUM designation, which is
appropriate given the nature of this highly commercialized corridor. Following adoption of the
Redevelopment Plan, these modifications will be processed as small scale comprehensive plan
amendments . The proposed amendments are as follows :
Area 1: The Old Harbor Office and Bank parcel located at the southeast cor ner of Linton
Boulevard and South Federal Highway – Change the FLUM designation from TRN
(Transitional) to GC (General Commercial) – approximately 9.95 acres. The property is
currently zoned POC (Planned Office Center). A concurrent rezoning to PC (Planned
Commercial) will allow development of a commercial center on the property. While an
alternative rezoning to SAD is also possible, this district is usually reserved for uses that
cannot be properly accommodated within more conventional zoning districts. If this
alternative is selected, the Future Land Use Map amendment will not be required; since
SAD zoning is consistent will all FLUM designations.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
4
Area 2: Undeveloped parcels located on the north side of Le Mat Avenue - Change the
FLUM designation from TRN (Transitional) to GC (General Commercial) - approximately
0.23 acres. A concurrent rezoning to GC (General Commercial) will be processed with the
FLUM amendment.
Area 3: "Quality Lighting and Accessories", located at the southeast corner of South Federal
Highway and Le Mat Avenue - Change the FLUM designation of the rear portion of the
property (Lot 30) from TRN (Transitional) to GC (General Commercial) - approximately 0.10
acres. A concurrent rezoning to PC (Planned Commercial) will be processed with the FLUM
amendment.
ZONING
Eighty -four percent of the property within the redevelopment area will retain its current zoning.
However, implementation of the redevelopment plan will require rezoning of six parcels in the
area. The first three of these were discussed above with the Future Land Use Map
amendments.
Area 1: The Old Harbor Office and Bank parcel located at the southeast corner of Linton
Boulevard and South Federal Highway – Rezone from POC (Planned Office District) to PC
(Planned Commercial) or SAD (Special Activities District) – approximately 9.95 acres.
Area 2: Undeveloped parcels located on the north side of Le Mat Avenue – Rezone from NC
(Neighborhood Commercial) to GC (General Commercial) – approximately 0.23 acres.
Area 3: "Quality Light ing and Accessories" located at the southeast corner of South Federal
Highway and Le Mat Avenue – Rezone from RM (Multiple Family Residential) to PC
(Planned Commercial) – approximately 0.10 acres.
Area 4: Former Ralph Buick Dealership located on the east side of South Federal Highway,
north of Fladell Way – Rezone from AC (Automotive Commercial) to PC (Planned
Commercial) – approximately 6.5 acres.
Area 5: Pelican Pointe Condo on Tropic Isle Drive – Rezone a portion of a parcel from GC
(General Commercia l) to RM (Multiple Family Residential) – approximately 0.5 acres.
Area 6: Del Raton RV Park – Rezone from PC (Planned Commercial) to AC (Automotive
Commercial) – approximately 4.59 acres.
AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
LDR text amendme nt s will be necessary to create an overlay district and amend the
development standards for the PC and AC zoning district s within the Redevelopment
Area /Overlay District to increase redevelopment flexibility and address compatibility issues. The
propose d t ext amendments include the following:
A ll AC zoned properties in the redevelopment area will be allowed the alternative of
developing under the PC zoning regulations .
M ixed -use residential/commercial development will continue to be encouraged, but
condit ional uses for free -standing multiple -family residential development will not be
permitted within the overlay district.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
5
Individual tenants will be limited to a maximum floor area of 50,000 square feet.
T he special landscape setback along South Federal Hi ghway will be eliminated where new
development seeks to create an urban edge at the street front by moving storefronts closer
to the street and providing parking behind the buildings. The special landscape setback
must be provided along portions of the par cel where off -street parking directly abuts the
roadway.
F açade and exterior walls must be designed to include projections and recessions, so as to
reduce the massive scale and uniform appearance of large buildings. Similarly, street
frontage must be desi gned to include windows, arcades, or awnings for at least 50% of the
façade. The regulations should also address the number and variation in rooflines,
appropriate building materials, the clear indication of entryways, and the inclusion of
pedestrian scale amenities and spaces.
P arking areas must be distributed around large buildings and shopping centers in an
attempt to balance the parking and shorten the distance to all buildings, public sidewalks,
and transit stops. Parking located at unrealistic dista nces from the buildings that it services
should be prohibited. Sidewalks must be provided along the full length of any building where
it adjoins a parking lot. Sidewalks must also connect store entrances to the adjacent
roadway, bus stops and adjacent neig hborhoods.
On the east side of South Federal Highway, special setbacks and building offsets based on
building length will be required to reduce the massive scale and uniform appearance of large
buildings when the rear of a commercially zoned property is a djacent to a residential zoning
district .
Machinery equipment, service areas, and trash collection must be screened from the
adjacent neighborhood in a manner consistent with the overall design of the building and
landscaping. Delivery and loading areas m ust be designed so as to minimize visual and
noise impacts. On the east side of South Federal Highway, a landscape buffer, which
includes canopy trees, is required for all sites that adjoin residential uses or zoning districts.
The landscape buffer shall b e 25 feet in depth, and shall include a wall placed 10 feet from
the rear or side property line when abutting an adjacent right -of -way, trees spaced on 25
foot centers and a hedge planted outside of the wall. An additional row of trees on 25’
centers shall also be placed inside of the wall. Where the rear property line immediately
adjoins residential property with no roadway or alley between, the wall shall be placed
against the property line and the 25 foot buffer provided inside the walled area.
Street a ccess shall be primarily from South Federal Highway. No vehicular access is
permitted to the rear of the commercial districts onto residential streets.
No deliveries, loading or unloading operations in the rear of the commercial buildings are
permitted be fore 7:00 AM or after 7:00 PM.
A copy of the plan is included with this report for review.
REVIEW BY OTHERS
The Redevelopment area is not within a geographical area requiring review by the Community
Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic
Preservation Board (HPB). A public workshop was held on July 10, 2012 to discuss the Plan
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
6
with the property owners , business owners and residents within the area and surrounding
neighborhoods .
Notices
Notices were provided t o all property and business owners within the affected area .
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
Neighborhood Advisory Council
Delray Citizens Coalition
Chamber of Commerce
Tropic Bay Homeow ners Association
Tropic Harbor Homeowners Association
Pelican Harbor Homeowners Association
Pelican Pointe Homeowners Association
Tropic Isle Civic Association
Press Release :
A press release was issued on July 2, 2012 to invite all property owners, reside nts and business
owners to participate in the Public Workshop on July 12, 2012 to review and discuss the draft
Redevelopment Plan . The dates of the Planning and Zoning Board and City Commission
meetings when the Plan would be considered were also noted in the press release.
Two emails were received concerning preparation of the Redevelopment Plan and are attached .
Additional l etters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
RECOMMENDED ACTION
By motion, rec ommend to the City Commission adoption of the proposed South Federal
Highway Redevelopment Plan.
Attachment s:
South Federal Highway Redevelopment Plan Draft
Emails
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
VALET QUEUE EXPANSION / PRIME STEAKHOUSE
ITEM BEFORE COMMISSION
The item before the City Commission is a request fr om Prime Steakhouse for the expansion of its valet
parking queue from two (2) to six, (6) spaces.
BACKGROUND
The City Commission, at its March 6, 2012 meeting, tabled this request in anticipation of the impendin g
discussions regarding the Valet Parking Program, as identified in the Parking Study. While the study
suggested potential relocation of the valet queues from East Atlantic Avenue, the location of the
queues remains unchanged. Consequently, Prime Steak house has resubmitted its request for the
expansion of the valet queue by incorporating two, (2), additional spaces to the south and two (2) spa ces
across the street. Attached for your review are the request, diagrams showing proposed spaces
and travel routes, and the staff report from the Ma rch 6th meeting. Concerns raised at the March 6th
meeting, aside from the timing of the parking study review, included the number of public spaces
being devoted to the valet program, the safety of c ustomers having to cross SE 2nd Avenue, and code
enforcement issues the City was having with the own er at a neighboring location.
The Police Department was having difficulties with traffic in the area, mostly due to cars waiting to
access the queue, with some customers exiting cars while in the travel lane, insisting valets take the ir
vehicles. Clearly, considering the addition of over 10,000 square feet of restaurant recently opened i n
Worthing Place, (Salt and Park Tavern), and an addi tional 3,000 square feet of restaurant with the
conversion of the former VFW, a two-space valet queue will be ineffective in accommodat ing traffic
demand and will result in gridlocking the intersect ion of 2nd Avenue at East Atlantic Avenue.
After considering all concerns presented, the conse nsus of the Commissioners was additional spaces
would be needed to accommodate the increased demand . However, the program as a whole needed to be
reviewed prior to rendering a decision on this requ est. Staff recommends approval of expanding the
queue incorporating the two, (2), spaces on the sou th, and feels the spaces across the street would be a
great benefit to the restaurant across the street and traffic in general traveling through the area.
REVIEW BY OTHERS
The Parking Management Advisory Board, at its meeti ng of January 31, 2012, unanimously
recommended approval of the applicant's request.
At the Downtown Development Authority meeting of Fe bruary 13, 2012, the item failed to receive
a second on a motion to approve the request, and th erefore was not approved.
Consensus of the CRA, at its meeting of February 23 , 2012, was denial of the applicant's request in a 2-
3 vote (Lewis, Arts and Branning dissenting).
RECOMMENDATION
By motion, recommend approval of the applicant's re quest to expand its valet queue from two ,(2), to
six, (6), spaces as presented.
Diagram A Route
Red arrows=
Drop Off
Route
Green
arrows=
Drop Off
Parking
Garage
Valet Stand
(Drop Off &
Return)
Diagram B
Parking Queues for Request
Existing
Valet Queue
2 -spaces
Requested
spots
Valet Stand /
Key box
Diagram C
Valet Stand
(Drop Off &
Return)
Requested
spots
Existing
Valet
Queues
Item Before Commission
The item before the City Commission is that of approving a reques t from Prime
Steakhouse for the expansion of its valet parking queue from two (2) to six (6)
spaces.
Background
Prime Steakhouse, located at 110 East Atlantic Ave nue, currently holds a Valet
Parking License Agreement for the valet queue on the west side of S E 2nd
Avenue, just south of Atlantic Avenue. Queued vehicles are parked in the
Federspiel Garage on SE 1st Avenue. While only one 1-block separates the two,
the existing traffic grid requires valets to drive 5-blocks to the garage, unable to
access SE 1st Ave using eastbound SE 1st Street. While the return trip would be
optimal utilizing SE 1st Street, the valet queue on the west side of the ro ad requires
the val et to return vehicles to patrons via Atlantic Avenue. In an effo rt to reduce
driving distance and improve service, the restaurant is requesting expansion of the
queue by adding two spaces, on the east side of SE 2nd Avenue, in front of the
former VFW (Vete rans of Foreign Wars) building, for returning vehicles to
customers. It is noted that Staff is working with the developer of the VFW in the
reconfiguration of the right-of-way on the east side of the road. In addition to the
aforementioned, approval of the request reduces traffic on eastbound Atlantic
Avenue during its peak utilization. Staff introduced a similar ide a several years
ago, finding the separation of incoming and outgoing vehicles streaml ines
operations. A shortcoming of the trial was restricting the s paces to customer pick-
up only, necessary to avoid lengthy distance to park vehicles. Cus tomers accessing
the queue from the north got belligerent and/or attempted u-turns, when asked to
use the correct side. This request, however, provides attendan ts with clear sight of
both east and west sides of the road, and can efficiently park and r eturn vehicles
from either side of the roadway.
Furthermore, given the queue's close proximity to Atlantic Avenue , the western
two-space queue is, at times, insuff icient to accommodate incoming vehicles given
the high volume of traffic at this western fringe of the Downtown Cor e Area.
Gridlock in this portion of Atlantic Avenue would paralyze traffic movements in
the area. Consequently, the request includes further expansion of the west side to
four (4) spaces, assimilating the two (2) spaces south of the ex isting queue. Until
recently the queue primarily served restaurants occupying the 110 East Atlantic
Avenue building, with few others. Recent occupation of the Wor thing Place
restaurants has resulted in a significant increase in parking de mand, and demand is
expected to increase further with the completion of the VFW's 3,151 square foot
conversion of use to Restaurant Racks.
The CRA (Community Redevelopment Agency) at its meeting of February 23,
2012, raised a concern over the growing number of public spaces dedi cated to the
valet parking program. Assuming the valet program provides an additional 500
spaces through the various private lot leases, and calculati ng a 1 .75 turnover ratio,
a total of 875 vehicles are accommodated through the use of (including t his
request) 54 on-street spaces, resulting in a 16 vehicle, per space, turnover r atio.
Normal turnover for on-street parking spaces, utilized by the general pub lic in busy
downtown areas, averages approximately three (3) cars per spac e during peak
times.
Staff is confident approval of the request will provide better service to patrons and
reduce several negative impacts, including but not limited to, a reduction of
eastbound traffic on Atlantic Avenue between 1st and 2nd Avenues, reduce d travel
distance, reducing emissions, mitigating allegations of speeding t hrough the
neighborhood, etc. Staff notes that, if approved, all spaces will be used for drop off
and/or pick up, contingent on vehicular approach.
Review By Others
The Parking Management Advisory Board, at its meeting of Januar y 31, 2012,
unanimously recommended approval of the applicant's request.
At the Downtown Development Authority meeting of February 13, 2012, the item
failed to receive a second on a motion to approve the request, and ther efore was
not approved.
Consensus of the CRA, at its meeting of February 23, 2012, was denial of the
applicant's request in a 2-3 vote, (Lewis, Arts and Branning dissenting).
Recommendation
Move approval of the request from Prime Steakhouse, for the expansion of its val et
parking queue from two to six spaces, as described in the preceding staff report.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 30, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
REQUEST/ GREEN MARKET RELOCATION
ITEM BEFORE COMMISSION
Commission is requested to consider a request recei ved from Lori Nolan to approve relocating the
Green Market this upcoming season from SE 4 th Avenue to Old School Square Park and to reduce the
park rental fees.
BACKGROUND
Attached is a request received from Lori Nolan on b ehalf of the Green Market to utilize Old School
Square Park for the upcoming Green Market season an d to reduce park rental fees. The Green Market is
part of the CRA’s Economic Development initiative a nd as such is a function of the CRA.
The Green Market season begins October 13, 2012 and ends May 11, 2013. Dates the park is not
available due to event use are November 10, 2012, F ebruary 9, 2013, March 9, 2013 and March 23,
2013. On these dates, the Green Market would move t o the grass area on the north side of Old School
Square near the gym.
Based on the above, there would be twenty-six (26) Saturdays the park would be used. Attached is a
copy of the Old School Square Park Rental Agreement indicating park rules and rates. Based on the
need to use 2/3 of the park, the half day non-profit rental rate would be $400 per day. The total rental
income based on this rate would be $10,400. At the $200 requested rental rate, the rental income would
be $5,200.
RECOMMENDATION
Staff recommends consideration of the Green Market request to relocate to Old School Square Park for
the upcoming season and to reduce the rental rate t o $200 per day plus utilities costs.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
SPECIAL EVENT REQUEST/ 14TH ANNUAL GARLIC FESTIVAL
ITEM BEFORE COMMISSION
City Commission is requested to approve a special e vent permit for the 14 th Annual Garlic Festival to
be held on February 8 through 10, 2013, to grant a temporary use permit per LDR’s Section 2.4.6(F) for
use of City rights-of-way to include NE 1 st Avenue from Atlantic to the grass area at Old Scho ol
Square, Swinton Avenue from Atlantic to NE 1 st Street and Old School Square Park and NE 2 nd
Avenue from the north side of the east/west alley n orth of Atlantic to a line at the south end of the Old
School Square Garage, from 6:00 a.m., February 7 th rough 11:00 p.m., February 10, 2013; and use of
the Old School Square Parking Garage, CRA parking l ots in block 60, north City Hall lot, the City
Attorney lot and the County Parking Garage for vend or, entertainer and event parking. The City is also
being requested to supply staff support for traffic control and security, EMS and inspection assistanc e,
barricading, banner hanging, signage preparation an d installation, use of a City generator and a waive r
of the two (2) hour parking limit in the downtown a rea during the event.
BACKGROUND
Attached is a letter, the special event permit, bud get, site plan, Economic Prosperity Calculator and
additional information on event benefactors receive d from Nancy Stewart-Franczak, Executive Director
of Delray Beach Arts, Inc., requesting City Commiss ion to approve the 14 th Annual Garlic Festival, to
use City rights-of-way as requested, to make and install event signage , hang banners and to provide staff
support for security, EMS assistance, fire inspecti on, barricading and other assistance including park ing
as outlined in the permit. The event sponsor will b e responsible for liability insurance, event
management, site set up, vendor approval and site c leanup.
The proposed event site plan shows the fence line o n NE 1 st Avenue north to the Old School Square
grounds on the west side of the street. However, t he property owner, Mr. Himmelrich request that the
fence line be moved to the west to line up with the parking spaces on the west side. This would allow
two-way traffic on NE 1 st Avenue and maintain access to Mr. Himmelrich’s parking lot behind El
Cabana.
The overtime cost for this event is approximately $17,920, administrative fee $896, signage costs $250 ,
barricade rental $445 and park rental of $1,908 for a total estimate of $21,419. Based the Special Eve nts
Policies and Procedures, the event sponsor will be required to pay 100% of overtime costs and a 5%
administrative fee, plus 100% of signage, barricade and park rental costs. Proceeds from the event wi ll
again be shared with volunteer organizations. Attac hed is a report on past contributions.
The event producer has requested use of a portion o f NE 2 nd Avenue this year per the event permit,
which is an expansion of the event site. I have rec eived no objections to this use by staff.
The event sponsor has obtained an agreement with th e CRA for use of their lots in block 60. We will
also have to obtain permission for use of the Count y Courthouse Garage. All paid garage lots will be
manned by the Police Explorer Scouts with proceeds split between the City and the Scouts on a
percentage as may be agreed to. All other lots will be manned by the City’s parking contactor and we
will be charging $5 per car to park.
RECOMMENDATION
Staff recommends approval of the special event perm it, granting the temporary use permit for use of
rights of way, signage, staff assistance as request ed, parking lot use and generator use as requested and
waiver of the two (2) hour parking limit downtown w ith the following conditions:
Receipt of event Certification of Liability Insuran ce no later than fourteen (14) days prior to the
event.
Receipt of Certificate of Liquor Liability Insuranc e no later than fourteen (14) days prior to the
event.
Receipt of signed Old School Square Park rental agr eement with Parks and Recreation no later
than fourteen (14) days prior to the event.
Liquor cannot be served prior to noon on Sunday.
Event sponsor be required to provide on-site dumpst er service for vendors.
Event sponsor be required to provide grease disposa l barrels and disposal system on-site for
vendor use.
Installation of event signage and banners to be hun g no earlier than fourteen (14) days prior to the
event, sharing poles with the ITC/Champions Tournam ent.
Require all vendor equipment and fencing to be remo ved from City right-of-way no later than
7:00 a.m., February 10, 2013.
Require all other items to be removed from Old Scho ol Square site by 5:00 p.m., February 11,
2013.
All trash and garbage to be removed from the event area by 7:00 a.m., February 13, 2013.
That the fence location on NE 1 st Avenue, between Atlantic and the Old School Square grounds,
be moved to the parking spaces on the west side of NE 1 st Avenue.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
LETTERS OF INTENT/ OLD SCHOOL SQUARE GARAGE RETAIL SPACE
ITEM BEFORE COMMISSION
Staff is seeking direction regarding two Letters of Intent received for purchase of the Old School Squ are
garage retail space.
BACKGROUND
We have received two letters of intent regarding th e purchase of the Old School Square retail space. T he
City currently leases this space (approximately 10,000 square feet) to the CRA for $150,000.00 a
year. The lease agreement extends through January 3 1, 2015. The City has the property listed for sale in
the amount of two million dollars. The Letter of Intent from Marcus and Millichap is in the amount o f
1.7 million dollars. The Letter of Intent from Kann er & Pintaluga is in the amount of 2 million dollar s,
however, this group has also requested the exclusiv e use of 100 parking spaces in the garage and the
termination of our lease with the CRA.
In structuring the financing of the construction of the OSS garage the City issued a taxable line of c redit
totaling $3 million anticipating that the eventual sale of the retail space to a private entity would pay off
the line. The balance on the line of credit is $2,479,000.
If the Commission wishes staff to engage in further dialogue with the proposed purchasers, an appraisa l
will need to be obtained and condominium documents as well as a purchase and sale agreement will
need to be drafted.
RECOMMENDATION
Commission discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning and Z oning
THROUGH:City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
2012 BEACH RENOURISHMENT FILL EVENT PROJECT
ITEM BEFORE COMMISSION
The action requested of the City Commission is dire ction on the upcoming beach renourishment given
the lack of appropriated federal funds to reimburse the federal share of the project.
BACKGROUND
The Plans and Specifications for the project have b een completed and both DEP and Army Corps of
Engineers permits have been issued. These permits, which are good for a period of ten years, have an
anticipated construction date of November, 2012. The City placed the project out for bid for
construction this fall and bids were received from three companies. All bids were extremely
competitive, and the low bid for the project was su bmitted by Great Lakes Dredge & Dock, LLC, with a
construction cost of $8,820,110. (See Exhibit A). T his bid along with anticipated related Engineering
and Environmental task costs of $344,721, and requi red permit monitoring activities of $45,550 brings
the anticipated project cost for 2012/2013 to $9,21 0,381. This project is a reimbursable project wit h
participation from the Federal, State and County go vernments. The City borrows the funds short term
and then seeks reimbursement from our partners. The Federal reimbursement commitment is identified
in the LCA (Local Cooperation Agreement-Exhibit B) between the Department of the Army and P alm
Beach County (effective for 50 years thru September 23, 2023); the State’s share through DEP
Agreement 12PB1 (Exhibit C); and the County share t hrough an interlocal agreement between Palm
Beach County and Delray Beach dated October 4, 1994 (Exhibit D).
The Federal Share is 56.33% or $5,188,207 and the S tate and County shares are each 50% of the non-
Federal share or $2,011,087 from the State and $2,0 01,141 from the County (county does not participate
in turtle monitoring function).
The County is allocating their local share for the project in its upcoming 2012/13 budget and the Stat e
funds have been committed via DEP agreement 12PB1 r ecently approved by the City Commission
(June 18, 2012). The Federal funds are subject to yearly appropriations in either the President’s budget
or in the Army Corps work program budget. The Feder al Share of $5,188,207 for the Delray Beach
renourishment project has not been allocated in eit her the President’s budget or the Army Corps
2012/2013 work program. The City has been successfu l in securing funding for fill events in the past b y
getting monies earmarked for our project through Co ngressional Adds. However, with the current
prohibition on legislative earmarks the City’s has been unsuccessful in securing Federal
funding. Further, while the City has actively lobbi ed the Jacksonville branch of the Army Corps for th e
project’s inclusion in their work plan, the project was not included in the work plan after the work plan
was approved by the Atlanta Branch of the Corps. T he challenge in remaining in the Army Corps work
program as a funded project is in part due to the A rmy Corps philosophy of prioritizing reimbursable
projects lower than Army Corps constructed projects . Additional lobby efforts are underway by Palm
Beach and Broward counties to have greater emphasis placed on Reimbursable projects. This language
(Exhibit E), which is proposed for inclusion in fut ure WRDA (Water Resources Development Act) bills
will place additional emphasis on funding of previo usly constructed reimbursable projects (constructed
by both Broward and Palm Beach County) as well as f uture maintenance fill projects. While it is
noted that Delray Beach has received reimbursements for prior fill events, Federal reimbursement
obligations for current pre-project engineering tas ks in the amount of $421,327 remain outstanding.
Since the City Commission first considered this ite m at it's August 7th meeting the City's Treasurer
has looked into the ability of the City debt struct ure to accomodate this expenditure. As you can see
from the attached debt service schedule, our Genera l Fund debt service will drop some $1,400,000 in
fiscal 2014. Therefore if we were not reimbursed f or the federal share of this project, the City coul d
finance the project without increasing our debt ser vice costs. We would pay interest only in FY 2013 as
is now planned, then begin paying principle in FY 2 014.
RECOMMENDATION
Provide direction on how to proceed with the beach renourishment project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning and Z oning
THROUGH:City Manager
DATE:August 29, 2012
SUBJECT:AGENDA ITEM 9.G.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012
CONTRACT AWARD / GREAT LAKES DREDGE AND DOCK, LLC.
ITEM BEFORE COMMISSION
Request for Commission approval/authorization for t he Mayor to execute the construction contract with
Great Lakes Dock and Dredge LLC for construction of the 2012/13 Beach Renourishment Project in
the amount of $8,820,110 P/N 12-070.
BACKGROUND
This project involves the renourishment of the muni cipal beach in the City of Delray Beach. The projec t
consists of the hydraulic placement of approximatel y 1,208,000 cubic yards (923,600 cubic meters) of
sand on the beach, obtained from two borrow areas l ocated directly offshore of the project site. The
project extends from Florida Department of Environm ental Protection (FDEP) beach monument No. R-
179 southward approximately 1.9 miles to FDEP monum ent No. R-188A.
On June 19, 2012 at 3:00 PM, bids were received by the City of Delray Beach for the Beach
Renourishment Project. Three (3) bids (Exhibit A) w ere received as follows:
The City reviewed the bid proposals submitted by ea ch of the contractors and found no mathematical
errors on any of the bids. The City’s consultant, Coastal Planning and Engineering (CPE ), has reviewed
all bids and has provided a selection recommendatio n of Great Lakes Dredge and Dock LLC (see
Exhibit B) given their experience and lowest bid. Staff is bringing forward the recommendation for
Name of Bidder
Amount of Bid
1. Great Lakes Dock and
Dredge $8,820,110.00
2. Marinex Construction Inc. $8,977,850.00
3. Weeks Marine, Inc. $9,032,010.00
contract award to Great Lakes Dredge and Dock, LLC in the amount of $8,820,110.00 for Commission
consideration .
FUNDING SOURCE
This task is 100% reimbursable from Federal, State and County funding sources. While the State and
County funds are currently committed, the Federal s hare is not. While awaiting reimbursement of the
Federal share, that portion of the expenditure can be funded with a line of credit.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:August 28, 2012 SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Education Board. BACKGROUND Ms. Myra Leavy-Bazemore, regular member on the Education Board, wa s removed due to her missing three consecutive meetings. The term is unexpired e nding July 31, 2013. An appointment is needed for one (1) regular member. Members of the Education Board must be a resident o f the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include pers ons with a background in business, real estate and/or education. The following individuals have submitted applicatio ns and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered w ith the exception of Mr. John Pasqual. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve an unexpired term endin g July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2013.
08/12 EDUCATION BOARD TERM EXPIRES NAME OCCUPATION 07/31/2013 Appt 07/05/11 LeAnne DeRigne Educator 07/31/2014 Unexp Appt 04/21/11 Appt 07/17/12 Jose Herrera, Chair Special Events Coordinator 07/31/2014 Appt 08/07/12 Kevin Warner Educator 07/31/2014 Appt 07/17/12 Shannon Schwartz Educator 07/31/2014 Appt 07/20/10 Reappt 07/17/12 Debra Kaiser Senior Director 07/31/2014 Unexp Appt 11/15/11 Reappt 07/17/12 Angela Burns Educator 7/31/2013 Unexp Appt 12/06/11 Julia Kadel Director of Admissions 07/31/2013 Unexp Appt 01/17/12 Mary Leavenworth Education/Sales & Consultant 07/31/2013 Unexp Appt 07/17/12 Toni McMillan Educator 07/31/2013 Appt 08/02/11 Lee Cohen Attorney 07/31/2013 Unexp Appt Vacant STUDENT MEMBERS (one term limit) 7/31/2013 Appt 06/21/11 2 YEAR TERM Madison Aracri Student 7/31/2013 1 YEAR TERM Vacant Student
EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Education/Sales Consultant Cathy DeMatto Development Consultant (currently serving on the Police Advisory Board) Philip Friedman Assistant Director/Retired (also applying for the Historic Preservation Board) Sheri Hack Realtor (also applying for the Nuisance Abatement Board ) Margarita Kaufman Educator Ferline Mesidort Community Development Specialist John Miller Merchandising Category Merchant (also applying for the His toric Preservation Board) Deborah Nix Guidance Counselor John Pasqual Surgeon Michelle Quigley News Researcher Bonnie Raycroft Massage Therapist/Director/Program Coordinator Jeff Ritter Assistant Professor/Consultant Kenya Spear Educator Patricia Westall Project Coordinator
MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:August 28, 2012 SUBJECT:AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Neighborhood Advisory Council. BACKGROUND Mr. Lee Cohen, At Large Representative on the Neigh borhood Advisory Council, was removed due to him missing three consecutive meetings. The term is unexpired ending July 31, 2014. Appointment is needed for one (1) At Large Representative. The Neighborhood Advisory Council was established f or the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neig hborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and tw o (2) student members. Twelve (12) members are residents with two (2) selected from each of the si x neighborhood zones, and three (3) at large representatives, who may be selected from a communi ty civic organization or business owner located within a neighborhood zone interested in the enhanc ement of its surrounding neighborhoods. The following individuals have submitted applicatio ns for consideration: (See Exhibit “A” Attached) Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) At Large Representative to serve an unexpired t erm ending July 31, 2014. RECOMMENDATION Recommend appointment of one (1) At Large Represent ative to serve an unexpired term ending July 31, 2014.
07/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME 07/31/13 Unexp Appt 11/16/10 Zone 1 Susan Sims 07/31/14 Appt 09/06/11 Zone 2 Stephen Lampel 07/31/13 Unexp Appt 10/17/06 Reappt 10/16/07 Reappt 10/19/10 Zone 3 Linda Laurence Leib 07/31/13 Appt 10/19/10 Zone 4 Suzanne Donohue 07/31/14 Unexp 03/03/08 Reappt 10/07/08 Reappt 07/19/11 Zone 5 Gail-Lee McDermott, Chairperson 07/31/14 Unexp Appt 02/20/07 Reappt 10/07/08 Reappt 07/19/11 Zone 6 Linda Prior, Vice Chair 07/31/14 Unexp Appt 06/05/12 Zone 1 Mark Behar 07/31/14 Unexp Appt 04/03/12 Zone 2 Colson Zulmar 07/31/15 Appt 06/19/12 unexp + 2 yr3 Zone 3 Wendy Smith 07/31/15 Appt 07/05/12 Zone 4 Kristen Albanese 07/31/15 Appt 06/19/12 unexp + 2 yr3 Zone 5 Dorothy Payne 07/31/15 Unexp Appt 06/05/12 Zone 6 Adam Reback 07/31/14 Uenxp Appt 02/03/09 Reappt 07/19/11 At Large Representative William Milner 07/31/14 At Large Representative Vacant 07/31/15 Appt 07/05/12 At Large Representative Pearl Markfield Elrod 07/31/12 Student Vacant 07/31/12 Student Vacant
NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Subdivision At Large Representative Bonnie Altenhein Del Ida Park Cory Cassidy (currently serving on the Kids & Cops Committee) Las Palmas Barbara Chester Lake Eden Wyana Claxton Tropic Bay Brenda Cullinan (currently serving on the Board of Adjustment) Tropic B ay Shirl Fields N/A Dennis Guy Tropic Isles Sheri Hack (also applying for the Nuisance Abatement Board) Highl and Grove Estates Mary Minieka (currently serving on the Public Art Advisory Board) Linton L akes Nancy Richards Tropic Isle Maureen Smith Tropic Isle Patricia Westall Seaspray
MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:August 28, 2012 SUBJECT:AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commisison for appoint ments to the Historic Preservation Board. BACKGROUND The terms for regular members Mr. Thomas Stanley, M s. Annie Adkins Roof and Ms. Annette Smith, will expire on August 31, 2012. Mr. Stanley will ha ve served two (2) full terms and is not eligible fo r reappointment. Ms. Adkins Roof will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Smith will have s erved an unexpired term, is eligible and would like to be considered for reappointment. Appointments ar e needed for three (3) regular members. To qualify for appointment, a person shall either b e a resident of, or own property in the City, and/o r own a business within the City. In addition, the Ci ty Commission shall fill five (5) seats on the Boar d with either an architect, landscape architect, real tor/real estate broker, civil engineer, general con tractor, architectural historian, preservationist, land plan ner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in hi storic preservation shall compose the balance of th e Board. Preference should be given to professional a nd lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applicatio ns and would like to be considered for appointment. (Applications are in alphabetical orde r; however, the applicants are placed in their respective categories.) (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Fra nkel (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve two (2) year terms ending August 31, 2014.
HISTORIC PRESERVATION BOARD 08/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Unexp Appt 08/16/11 Reappt 08/21/12 Ana Maria Aponte Urban Designer 08/31/2013 Appt 08/16/11 Ronald Brito General Contractor President 08/31/2012 Appt 08/05/08 Reappt 08/17/10 Thomas Stanley, Chair Attorney Layperson 08/31/2012 Appt 08/17/10 Annie Adkins Roof, Vice Chairperson Attorney/Real Estate Broker 08/31/2012 Unexp Appt 10/05/10 Annette Smith, 2 nd Vice Chairperson Business Owner/Interior Designer 08/31/2013 Appt 08/16/11 Iris McDonald Realtor 08/31/2013 Appt 09/06/11 Samuel Spear Computer Consultant
HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Reginald Cox Business Owner/Architect (currently serving on the We st Atlantic Redevelopment Coalition) Frances Owen Educator/Realtor Jerome Sanzone Building Official/General Contractor Annette Smith Business Owner/Interior Design Incumbent Applicants interested in being a Layperson: Adkin Adkins Roof Attorney Incumbent Kristin Christensen Financial Services-Owns a home in a Historic District (currently serving on the Civil Service Board) Philip Friedman Financial Aid-Assistant Director (also applying for t he Education Board) John Miller Merchandising Category Merchant (also applying for the Educa tion Board) Dorothy Payne Companion Aid (also applying for the Neighborhood Advisory Council ) Alexia Rouquette Mays Director of Marketing & Public Relations Francis Rozzo Roofing Contractor -Owns a home in a Historic District
MEMORANDUM TO:Mayor and City Commissioners FROM:Lisa M. Herrmann, Budget Officer THROUGH:David T. Harden, City Manager DATE:August 28, 2012 SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 RESOLUTION NO. 44 -12 (TENTATIVE MILLAGE LEVY) ITEM BEFORE COMMISSION This item before Commission is Resolution No. 44-12 which tentatively levies a tax on all properties in the City of Delray Beach for FY 2013. The proposed operating millage rate for FY 2013 is 7.1992 which can still be reduced at the second budget hea ring on September 20, 2012 when the final millage rate will be adopted. BACKGROUND The proposed FY 2013 operating millage is 7.1992 wh ile the proposed FY 2013 debt service millage is 0.6041. The proposed operating millage is more than the rolled back millage rate (7.1805) by 0.26%. The total millage rate for FY 2013 (both operating and debt service) is equal to the total millage rat e for FY 2012. The final operating millage and debt servi ce millage rates will be determined by the City Commission on September 20, 2012. The assessed valuation on all taxable property with in the City for operating purposes is $6,218,550,01 3. The assessed valuation for debt services is $6,220,735,327. The reason for the differential is the exemptions that were granted to the historic proper ties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. The final FY 2013 millage rates and budget are sche duled for adoption on September 20, 2012. RECOMMENDATION Recommend approval of Resolution 44-12 - Tentative Millage Levy for FY 2013.
RESOLUTION NO. 44-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.1992 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxab le property within the City of Delray Beach for the fiscal year commencing October 1, 2012, and ending September 3 0, 2013. There shall be and hereby is appropriated for the General Fund operations of th e City revenue derived from said tax for operating and maintenance expenses of the General Fu nd, and also in addition, all revenues derived by said City during said fiscal year from all other so urces other than the tax levy for current bond service and that part of collection of delinquent tax es levied for bond service. The assessed valuation on all taxable property for operating pur poses within the City of Delray Beach is $6,218,550,013. The tentative operating millage rat e of $7.1992 per one thousand dollars ($1,000.00 ) is greater than the rolled-back rate of $7.1805 per one thousa nd dollars ($1,000.00) by 0.26%. Section 2. That the amount of money necessary to be raised fo r interest charges and bond redemption which constitutes a general obliga tion bonded indebtedness of the City of Delray Beach is $3,569,827. There is hereby approp riated for the payment thereof, all revenues derived from the tentative tax levy of $0.6041 per on e thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose f or the fiscal year commencing October 1, 2012, and ending September 30, 2013, upon the taxable prope rty of the City of Delray Beach, the assessed valuation being $6,220,735,327. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statut es which provides that a municipality may adjust its adopted millage rate if the taxable value w ithin the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at varia nce by more than one percent (1%) with the taxable value shown on the assessment roll to be extended.
RES. NO. 44-12 2 Section 4. That a public hearing was held on the proposed budge t on September 4, 2012. PASSED AND ADOPTED in regular session on this the 4th day of September, 2012. _________________________________ M A Y O R ATTEST: ________________________________ City Clerk
MEMORANDUM TO:Mayor and City Commissioners FROM:Lisa M. Herrmann, Budget Officer THROUGH:David T. Harden, City Manager DATE:August 28, 2012 SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 RESOLUTION NO. 45 -12 (TENTATIVE MILLAGE LEVY/DDA) ITEM BEFORE COMMISSION Resolution No. 45-12 tentatively levies a tax in the amount of 1.0 mi ll on all properties within the Downtown Development Authority Taxing District of t he City of Delray Beach for FY 2013. BACKGROUND The proposed millage rate of 1.0 for the DDA is the same as FY 2012 and is greater than the rolled bac k rate (0.9848) by 1.54%. The assessed valuation on a ll taxable property for operating purposes with the Downtown Development Authority Taxing District of t he City of Delray Beach is $502,595,770. A copy of the proposed DDA budget for FY 2013 is at tached. Final adoption of the DDA tax levy for FY 2013 is s cheduled for September 20, 2012. RECOMMENDATION Recommend approval of Resolution No. 45-12 - Tentat ive DDA Millage Rate for FY 2013.
RESOLUTION NO. 45-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxabl e property within the Downtown Development Authority Taxing District of the City of Delray Bea ch for the fiscal year commencing October 1, 2012, and ending September 30, 2013. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues der ived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond servi ce. The assessed valuation on all taxable property for operating purposes within the Downtown Developm ent Authority Taxing District of the City of Delray Beach is $502,595,770. The tentative operati ng millage rate of $1.000 per one thousand dollars ($1,000.00) is more than the rolled-back rate of $0.9848 per one thousand dollars ($1,000.00) by 1.54%. Section 2. That the above tentative millage rate is adopted pu rsuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustmen t in accordance with Section 200.065(5) of the Florida Statutes which provides that each affecte d taxing authority, other than municipalities, counties, school boards, and water management district s, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budge t on September 4, 2012.
RES. NO. 45-12 2 PASSED AND ADOPTED in regular session on this the 4th day of September, 2012. ______________________________ M A Y O R ATTEST: __________________________________ City Clerk
Downtown Development Authority Interim Income & Expenditure at 5/31/12 Plus approved budget 2012/2013 Revenue & Expenses Actual for year Approved BudgetActual to date Estimated 4 mnths to 9/30/12 Estimated Total at 9/30/12Approved Budget Revenues2010 ‐112011 ‐122011 ‐122011 ‐122011 ‐122012 ‐13 1Ad Valorem Taxes449,112477,520470,47117,049487,520494,566 2Interest earned1,5762,0002451,7552,0002,000 3Sponsorship Income ‐ Marketing23,00010,19022,50032,690 4Misc. Income ‐ Not Marketing13,3004,2003,3007,500 5Guide Book Income18,15018,15020,000 6Howard Alan ‐Legacy Partner33,00033,00030,0003,00033,00033,000 7Other Legacy Partners 30,000 8 Total Revenues519,988512,520533,25647,604580,860579,566 11 Expenditures 12DDA Payroll 138,204142,00094,66647,334142,000171,260 13Contracted admin help5,3347,5003,5181,9005,4187,500 14P/R taxes,SUTA,FUTA11,37511,2457,8273,63811,46514,004 15Health Insurance9,59012,0608,3893,80812,19711,097 16Worker's Comp, Ins08938930893900 17Retirement9,9406,6273,3139,94010,238 Sub Total Payroll Expenses164,503183,638121,92059,993181,913214,999 21External Audit Fees6,8006,8006,80006,8006,800 22Bookkeeping & Payroll Svcs3,1083,7072,4761,2313,7073,750 23Dues, Subscriptions2,2832,2253,0103913,4013,500 24Liability Ins + Office Contents6,4755,5826,63406,6346,634 25Property Appraiser Fee3,7423,7802,4749063,3804,113 26Conferences Travel Meetings9,1908,0006,8964,31711,21310,000 27Legal Fees5935,0003503505,000 Sub Total Operational Expenses32,19135,09428,6406,84535,48539,797 31Car allowance2,6402,6401,7608802,6403,600 32Phones5,0295,4603,6371,3635,0005,800 33Office Supplies & repairs etc6,7575,0002,6929083,6005,000 34Postages & Printing1,2131,5007567441,5001,500 35Office rental13,70014,4009,6004,80014,40014,400 36 Sub Total Office Expenses29,33929,00018,4458,69527,14030,300 37 Total Office/Administrative226,033247,732169,00575,533244,538285,096 Marketing/Promoting 41DMC Events67,00050,00050,000050,00040,000 42Downtown Guide Book1,0151,50018,960018,96020,000 43Pineapple Grove4,0005,000464,9545,0005,000 44West Atlantic4,8575,0005,0005,0005,000 45Retail Promotions9,12710,0008,22808,22810,000 46*Total Marketing / Advertising187,625145,450184,95830,873215,831132,900 47Total Marketing/Promotion273,624216,950262,19240,827303,019212,900 50Total Economic Development27,32344,55031,94231,94235,000 60Total Place Making Clean & Safe 45,000 70Total Revenues519,988512,520533,25647,604580,860579,566 71Less Total Expenses526,980509,232463,139116,360579,499577,996 72 (Over)/under spent for period (6,992)3,28870,117(68,756)1,3611,570
MEMORANDUM TO:Mayor and City Commissioners FROM:Lisa M. Herrmann, Budget Officer THROUGH:David T. Harden, City Manager DATE:August 31, 2012 SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 RESOLUTION NO. 46 -12 (TENTATIVE BUDGET ADOPTION FOR FY 2013) ITEM BEFORE COMMISSION Resolution No. 46-12 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from the 1s t of October, 2012 to the 30th of September, 2013. BACKGROUND The tentative FY 2013 Budget appropriations are set forth in Exhibit A of the attached Resolution No. 46-12. The tentative budget utilizes an operating mill age rate of 7.1992 and a debt service millage rate of 0.6041. Final millage rates will be determined b y the City Commission prior to final adoption of th e budget on September 20, 2012. Any recommended amend ments to Exhibit A will also be addressed in the Resolution for final budget adoption. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the tentative budget. Final adoption of the budget for FY 2013 is schedul ed for September 20, 2012. RECOMMENDATION Recommend approval of Resolution No. 46-12 - Tentat ive Budget Adoption for FY 2013.
RESOLUTION NO. 46-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1 st DAY OF OCTOBER, 2012, TO THE 30 th DAY OF SEPTEMBER, 2013; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit “A”, are hereby tentatively appropriated upon the terms and conditi ons herein set forth. Section 2. That, subject to the qualifications contained in t his resolution, all appropriations made out of the General Fund are declar ed to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in th e event the aggregate revenues collected and other resources available during the period commencin g the 1 st day of October, 2012, and ending the 30 th day of September, 2013, for which the appropriation s are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriati ons shall be deemed to be payable in such proportion as the total sum of realized revenue of t he General Fund is to the total amount of revenues estimated by the City Commission to be avai lable in the period commencing the 1 st day of October, 2012, and ending the 30 th day of September, 2013. Section 3. That all balances of the appropriations payable o ut of the General Fund of the City Treasury unencumbered at the close of bu siness on the 30 th day of September, 2012, except as otherwise provided for, are hereby declared t o be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1 st day of October, 2012. However, nothing in this sec tion shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these F unds for the fiscal year commencing the 1 st day of October, 2012.
RES. NO. 46-12 2 Section 4. That no department, bureau, agency or individual rec eiving appropriations under the provisions of this resoluti on shall exceed the amount of its appropriation, except with the consent and approval of the City Com mission first obtained. If such department, bureau, agency or individual shall exceed the amount o f its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of o fficial duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be constr ued as authorizing any reduction to be made in the amounts appropriated in th is resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolu tion in connection with the General Fund, Water and Sewer Fund, Sanitatio n Fund or any other Fund of the City shall be expended for any purposes other than those for whi ch they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to r eport known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau , agency or individual of the City government shall be paid promptly into t he City Treasury. Section 8. That the foregoing budget is hereby tentatively ado pted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appr opriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have bee n included in this resolution. Section 9. That a public hearing was held on the tentative ta x levy and the tentative budget on September 4, 2012. Section 10. That this resolution shall become effective immedi ately upon its passage. PASSED AND ADOPTED in regular session on this the 4th day of September, 2012. _____________________________ M A Y O R ATTEST: ________________________________ City Clerk
DOWNTOWNSPECIA L GENERALDEVELOPMENTENTERPRISEREVENUE FUNDFUNDFUNDSFUNDSTOTAL CASH BALANCES BROUGHT FORWARD 1,600,00001,532,65003,132,650 ESTIMATED REVENUES :TAXES Millages AD VALOREM TAXES 7.1992 42,530,16000042,530,160 AD VALOREM TAXES 0.6041 3,570,0500003,570,050 AD VALOREM-DELINQUENT500,000000500,000 AD VALOREM - DDA 1.0000 0494,56600494,566 Sales & Use Taxes1,310,0000001,310,000 Utility Taxes5,150,0000005,150,000 Other Taxes4,390,0000004,390,000 Franchise, Licenses & Permits8,859,370080008,860,170 Intergovernmental6,538,3800232,7501,026,4907,797,620 Charges for Services10,285,050042,451,570052,736,620 Fines & Forfeitures1,097,50000116,5001,214,000 Miscellaneous Revenues5,838,33085,00067,840838,3906,829,560 Other Financing Sources4,335,7200103,0001,024,6205,463,340 TOTAL REVENUES AND OTHER FINANCING SOURCES 94,404,560579,56642,855,9603,006,000140,846,086 TOTAL ESTIMATED REVENUES AND BALANCES 96,004,560579,56644,388,6103,006,000143,978,736 EXPENDITURES/EXPENSES :General Government Services9,244,4000009,244,400 Public Safety53,221,48000116,50053,337,980 Physical Environment560,970025,903,050026,464,020 Transportation3,148,0300003,148,030 Economic Environment6,718,440577,99602,006,8609,303,296 Human Services59,75000059,750 Culture & Recreation14,084,64003,540,210875,69018,500,540 Debt Service5,365,33006,719,580012,084,910 Other Financing Uses3,592,78006,788,290010,381,070 TOTAL EXPENDITURES/EXPENSES 95,995,820577,99642,951,1302,999,050142,523,996 Reserves8,7401,5701,437,4806,9501,454,740 TOTAL EXPENDITURES AND RESERVES 96,004,560579,56644,388,6103,006,000143,978,736 Exhibit A Budget Summary
MEMORANDUM TO:Mayor and City Commissioners FROM:Janice Rustin, Assistant City Attorney THROUGH:R. Brian Shutt, City Attorney DATE:August 29, 2012 SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 ORDINANCE NO. 27 -12 ITEM BEFORE COMMISSION The attached Ordinance 27-12 is a revision of the version brought before the Commission on August 21, 2012. Ordinance 27-12 amends Chapter 99 “Noise Cont rol” by repealing the entire Chapter and enacting a new chapter in its place. BACKGROUND After the first reading, the City Commission direct ed the City Attorney to research alternative means of enforcement pursuant to 99.08(c). In response, the City has added section 99.09 that identifies a nois e violation as a nuisance and allows the City to brin g a civil suit against the violator. This provision is based on a similar provision in the Noise code of t he City of Miami Beach. Also, the City was contacte d by a representative of AT&T who requested an exempt ion be added for noise created by the use of generators and other equipment to restore service i n the event of a system or power outage. In respons e, the City has added an exemption for this noise in s ubsection “D” under Section 99.04, “Exemptions”. In addition, Section 99.03(A)(2) has been revised t o clarify that unreasonably loud use of a loudspeak er is a noise violation in a residential area regardle ss of whether the source is indoors or outdoors, an d is a violation in a commercial area only when the source is outdoors. RECOMMENDATION The City Attorney’s office recommends City Commissi on approval.
ORDINANCE NO. 27-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 “NOISE CONTROL” OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 99 “NOISE CONTROL” IN ITS ENTIRETY, ENACTING A NEW CHAPTER 99, “NOISE CONTROL” PROVIDING FOR THE CONTROL OF SOUND ORIGINATING WITHIN THE CITY OF DELRAY BEACH IN ITS PLACE, AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to the p ublic health and welfare, safety and the quality of life; and, WHEREAS, the people have a right to and should be ens ured an environment free from unreasonably excessive sound as would jeopardize the h ealth safety and welfare or safety or degrade the quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the h ealth safety and welfare or safety or degrade the quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to amend current Noise Control provisions of its Code of Ordinances to comport with recent changes to the law. WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are unreasonably loud, excessive, or unnecessary or plai nly audible at a certain distance. See DA Mortgage, Inc v. City of Miami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated her ein. Section 2 . That Chapter 99 “Noise Control” shall be amended b y repealing it in its entirety, and enacting a new Chapter 99 “Noise Control” as fo llows: Sec. 99.01. - SCOPE. This Chapter shall apply to the control of all soun d and vibration originating within the limits of the City.
2 ORD. NO. 27-12 Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in t his article, shall have the meanings ascribed to them in this section, except wh ere the context clearly indicates a different meaning: Amplification device. Any instrument, machine, or system, which by electr onic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increase s the sound level or volume. Commercial area . For purposes of this ordinance only, commercial ar ea shall include all nonresidential and nonindustrial zoning districts: (1) Neighborhood Commercial (NC); (2) Planned Commercial (PC); (3) General Commercial (GC); (4) Automotive Commercial (AC); (5) Central Business District (CBD); (6) Central Business District—Rail Corridor (CBD-RC); (7) Residential Office (RO); (8) Old School Square Historic Acts District (OSSHAD); (9) Professional Office District (POD); (10) Planned Office Center (POC); (11) Special Activities District (SAD); and (12) Resort/Tourism (RT). (13) Mixed Residential, Office and Commercial District (MRO C) Industrial area. All that area located in the following zoning districts: (1) Light Industrial (LI); (2) Mixed Industrial and Commercial (MIC); (3) Industrial (I); and (4) Planned Commerce Center (PCC). Offense. A notice of violation that has not been appealed ti mely or a finding of violation by a special master following the appeal of a viol ation. One day . A 24-hour period from noon to noon. Premises . Any real property or parcel of land, including the buildings, structures or
3 ORD. NO. 27-12 other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R-1-AAA; (2) R-1-AAA-B; (3) R-1-AA; (4) R-1-AA-B; (5) R-1-A; (6) R-1-A-B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space & Recreation (OSR); and (16) Conservation District (CD). Violator . A person or entity determined or cited by a code inspector as being in violation of the provisions of this article. Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, contin ue or cause to be made or continued any unreasonably loud, excessive, or unnecessary n oise. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, e xcessive, or unnecessary noises and in violation of this Chapter: (1) Radios, televisions, musical instruments, etc: Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, sound amplifier or other machine or devic e for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with lo uder volume than is necessary for convenient hearing for the person or persons who ar e in the room, vehicle or chamber in which such machine or device is operated a nd who are voluntary listeners thereto. (a) Violation will occur if the noise source is loc ated within an
4 ORD. NO. 27-12 automobile, in or upon a public street, highway, bu ilding, sidewalk, park, thoroughfare or other public area, o r is located in or upon a public access area, such as a s hopping mall, parking lot or the like, or on any private pr operty, and the sound is plainly audible more than fifty (50) fee t from its source or, if the noise source is in a building or o ther structure and the sound can be heard more than one hun dred (100) feet away from the building or structure or th e boundaries of the property surrounding such building o r structure, whichever is greater (except for activit ies open to the public and for which a permit has been issued by the City according to the criteria set forth in Section 99.05). (b) Where the noise source is located in a building o r other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence o f evidence to the contrary. (2) Loudspeakers or Public Address Systems . The unreasonably loud use or operation of any loudspeaker, public address system, s ound truck, or similar device within a residential zone whether the source is loca ted indoors or out-of-doors or within all commercial zoning districts of the City w hen the source is located out-of-doors only. This section does not include two-way comm unication systems at drive-in facilities and/or activities for which a permit ha s been issued by the City Manager or his/her designees according to the criteria set forth in Sect ion 99.05. (3) Animals and Birds . Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long cont inued noise which is plainly audible at a distance of one hundred (100) feet from th e building, structure or yard in which the dog, animal or bird is located. This provisi on shall not apply to public zoos. (4) Loading and Unloading . Loading, unloading, opening, closing or other handling of boxes, crates, containers, building mater ials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessi ve sound. (5) Construction . Operating or permitting the operation of any tool s or equipment used in construction, drilling or demolitio n work in such a manner as to create an unreasonably loud or excessive sound. (a) The provisions of subsection (A)(5) of this Sec tion shall not prohibit construction, drilling or demolition work between the
5 ORD. NO. 27-12 hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor pro hibit the use of any temporary pumps or machinery which a re required to be operated twenty-four (24) hours a day i n conjunction with construction work. Subsection (A)(5) shall also not apply to emergency work for public utiliti es or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A)(5) shall not a pply to the use of domestic power tools subject to subsection (A)(13 )of this Section. (6) Vehicle or Motorboat Repairs and Testing . Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorbo at in a manner as to cause an unreasonably loud or excessive sound. (7) Refuse Collection Vehicles . No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. (8) Stationary Mechanical Noise Source . Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A)(5)(a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air-handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (9) Vibration. Operating or permitting the operation of any device on a property so as to produce vibration noticeable by a person of reasonable sensitivity at the property line, including bass emanating from audio spe akers. (10) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren , whistle or similar device intended primarily for nonemergency purposes, from an y place, for more than ten (10) seconds in any hourly period. Devices used in con junction with places of religious worship shall be exempt from the operation of thi s provision. (11) Emergency Signaling Devices. (a) The intentional sounding or permitting the soundi ng outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, exce pt for emergency purposes or for testing, as provided in sub section (A)(11)(b) of this Section. (b)(1) Testing of a stationary emergency signaling device shall not
6 ORD. NO. 27-12 occur before 7:00 a.m. or after 7:00 p.m. Any testi ng shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds. (2) Testing of the complete emergency signaling sys tem, including the functioning of the emergency signaling device and the personnel response to the emergency signalin g device shall not occur more than once in each calendar mon th. This testing shall not occur before 7:00 a.m. or after 7 :00 p.m. The time limit for the test time specified in subsection (A)(11)(b)(1) shall not apply to the complete system testi ng. (c) The sounding or permitting the sounding of any ex terior burglar or fire alarm shall comply with the provisi ons of Chapter 112. (12) Motor Vehicles Operating on a Public Right-of-Way. Motor vehicles on a Public Right-of-Way are regulated as set forth in F .S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (13) Domestic Power Tools . Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinde r, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (14) Schools, Courts, Hospitals . The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use , or adjacent to any hospital, which unreasonably interferes with the working of s uch institutions, or which disturbs or unduly annoys the patients in the hospita l, provided conspicuous signs are displayed in such streets indicating that it is a school, hos pital or court street. (15) Tampering . The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replace ment, of any noise control device or element of design of any product having those devices. Sec. 99.04. - EXEMPTIONS. The provisions of this Chapter shall not apply to: (A) Radios, sirens, horns and bells and other sounds c reated by police, fire and other emergency response vehicles; (B) Parades, fireworks displays, and other activities for which a permit has been obtained from the City Manager or his/her designee pur suant to Section 99.05, within such hours and in accordance with such restrictions as may be imposed as conditions for the
7 ORD. NO. 27-12 issuance of the permit; or (C) The emission of sound in the performance of an a ctivity for which, pursuant to this Chapter, the City Manager has expressly giv en a temporary, emergency exception from this Chapter when time would not permit the ob taining of a temporary permit pursuant to Section 99.05. (D) Noises resulting from emergency work, including but not limited to the use of generators or other equipment by communications and public utility companies in connection with a commercial power outage and/or res toration of service operations and the use of emergency generators due to loss of power other than non-payment of utility services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00 p.m. and shall not occur more than once in each week. Sec. 99.05. - TEMPORARY PERMITS. (A) Requirements and procedures . The City Manager or his or her designee is authorized to issue a temporary permit to allow nois e when produced by a temporary use or activity as provided in this section. The City Manage r may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this article shall contain all conditions upon which the permit has been granted, including the decibel limit and the period of time for which the permit has been granted. Such relief may be granted in the following situations: (1) Code compliance in progress . When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be gra nted for a period of time not to exceed ten (10) consecutive days. (2) Construction . When construction activities pursuant to a valid b uilding permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in acc ordance with manufacturer's specifications, is in good repair and utilizes all no ise baffling methods as specified by the manufacturer. (a) The City Manager may authorize any necessary co nstruction activities to occur earlier and/or later than normall y allowed based upon a finding that: 1. There are no reasonable alternatives; 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or th e
8 ORD. NO. 27-12 construction site; and 3. There is a significant community need, public purpose or benefit. (b) The work authorized by the City Manager may be conditioned upon reasonable notice to surrounding prop erty owners and tenants. Permits issued pursuant to such authorization shall not exceed seven (7) consecutive days. (c) Notwithstanding the provisions 2(a) and (b), temp orary permits shall be subject to authorization by the bu ilding official under emergency circumstances or when the b uilding official determines that for reasons of technical ne cessity work earlier or later than the time frames normally allowed or on any day (including Sundays or national holidays) is required. The work authorized by the building official pursuant to this subsection shall be conditioned upon reasonable notice to surrounding property owners and tenants. (B) Violation of temporary permit. Failure to comply with any condition of a temporary permit issued pursuant to this section sha ll constitute a violation and shall result in enforcement procedures and penalties as set forth in Sectio n 99.08. (C) Revocation of temporary permits . Any temporary permit may be immediately revoked if the City Manager finds that an emergency c ondition exists involving serious danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit ap plication or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit. (D) The issuance of a temporary permit is a privile ge and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precede nt for the granting of any future permits. (E) Appeals . Appeals of the decision of the City Manager or hi s/her designee shall be made to the City Commission by submitting t he appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of th e City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County. Sec. 99.06. - NOTICE OF VIOLATION. Except where a person is acting in good faith to com ply with an abatement order
9 ORD. NO. 27-12 issued pursuant to subsection 99.07(A), violation of any provision shall be cause for a notice of violation to be issued by the City. Sec. 99.07. - ABATEMENT ORDERS. (A) Except as provided for in subsection (B) below, i n lieu of issuing a notice of violation as provided for in Section 99.06, the City official responsible for enforcement of any provision of this Chapter may issue an order requiring aba tement of any source of sound or vibration alleged to be in violation of this Chapter wit hin a reasonable time period. (B) An abatement order shall not be issued: (1) For any violation governed by Section 99.08(A)(2); or (2) When the City has reason to believe that there w ill not be compliance with the abatement order. Sec. 99.08. - PENALTY. A) The following civil fines and penalties shall be imposed for violations of this article: (1) If the offense is the first offense, a maximum fine of $250.00 may be imposed. (2) If the offense is the second offense within the preceding 12 months, a maximum fine of $500 may be imposed. (B) Each violation shall constitute a separate offe nse for which a separate fine may be imposed. A person may receive a separate noti ce of violation once every hour if a violation has occurred at any time within that perio d. An offense shall be deemed to have occurred on the date the violation occurred. An offen se occurring 12 months after the last offense shall be treated as a first offense for purposes of inc urring new fines and penalties. (C) This Chapter shall be enforced using procedures s et forth in Section 37.45 or Section 99.09 of the City’s Code of Ordinances, or by any other means available to the City. Sec. 99.09. - NUISANCE. Any violation of this article shall constitute a nu isance. The City attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his name, against the person or persons causing or maintaining the violat ion, and against the owner/agent of the building or property on which the violation exists.
10 ORD. NO. 27-12 Sec. 99.01. - SCOPE. This Chapter shall apply to the control of all sound and v ibration originating within the limits of the City. Sec. 99.02. - DEFINITIONS. (A) For the purpose of this Chapter the following defin itions shall apply unless the context clearly indicates or requires a different meaning: (B) All terminology as used in this Article, and not otherwise defi ned below, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. A -weighted sound level . The sound pressure level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. Commercial area. For purposes of this ordinance only, commercial area shall include all nonresidential a nd nonindustrial zoning districts: (1) Neighborhood Commercial (NC); (2) Planned Commercial (PC); (3) General Commercial (GC); (4) Automotive Commercial (AC); (5) Central Business District (CBD); (6) Central Business District —Rail Corridor (CBD -RC); (7) R esidential Office (RO); (8) Old School Square Historic Acts District (OSSHAD); (9) Professional Office District (POD); (10) Planned Office Center (POC); (11) Special Activities District (SAD); and (12) Resort/Tourism (RT). Construction. Any site preparatio n, assembly, erection, substantial repair, alterati on or similar action, but excluding demolition, for or of p ublic or private rights -of -way, structures, utilities or similar property.
11 ORD. NO. 27-12 Day -night average sound level (Ldn). The 24 -hour energy of the A -weigh ted sound pressure level, with the levels during the period 10:00 p.m. through 7:00 a.m. the following day increased by ten (10) dBA before averaging. Decibel (dB). A unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to th e base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is (20 micropascals twenty (20 ) micronewtons per square meter). Demolition. Any dismantling, intentional destruction or removal o f structures, utilities, p ublic or private right -of -way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving ac tual or imminent physical trauma or property damage which demands immediate act ion. Emergency work. Any work performed for the purpo se of preventing or alleviating the physical trauma or property damage threatened or caused by an em ergency. Environmental protection officer/noise control officer (EPO/NCO). The City Manager or his designated agent, who shall have the lead responsibility for this Chapter. Equivalent A -weighted sound level (Leg). The constant sound level that, in a given situation and time period, conveys the same sound ener gy as the actual time -varying A -weighted sound. For the purposes of this Chapter, a t ime period of twenty -four (24) hours shall be used, unless otherwise specified. Impulsive sound. Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsiv e sound include explosions, drop forge impacts a nd the discharge of firearms. Industrial area. All that area located in the following zoning districts: (1) Light Industrial (LI); (2) Mixed Industrial and Commercial (MIC); (3) Industrial (I); and (4) Planned Commerce Center (PCC). L50. The sound level exceeded one -half the time for the duration of the measurement period. Motor carrier vehicle engaged in interstate commerce. Any vehicle for which regulations apply pursuant to Section eighteen (18) of the Federal Noi se Control Act 1972 (P.L. 92 -574), as amended, pertaining to motor carriers engaged in interstate co mmerce. Motor vehicle. Any vehicle which is propelled or drawn on land by a m otor, such as,
12 ORD. NO. 27-12 but not limited to, passenger cars, trucks, truck -trailers, semitrailers, campers, go -carts, snowmobi les, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles. Motorboat. Any vessel which operates on water and which is pro pelled by a motor, including, but not limited to, boats, barges, amphib ious craft, water -ski towin g devices and hover craft. Motorcycle. An unenclosed motor vehicle having a saddle for the us e of the operator and two (2) or three (3) wheels in contact with the ground, including, but not limited to, motor scooters and minibikes. Muffler or sound dissi pative device. A device for abating the sound of escaping gasses of an internal combustion engine. Noise. Any sound which annoys or disturbs humans or which ca uses or tends to cause adverse psychological or physiological effect on hu mans. Noise disturban ce. Any sound which: (1) Endangers or injures the safety or health of humans or animals ; or (2) Endangers or injures personal or real property. Noise -sensitive zone. Any area within the City, designated by the City as s uch, for the purpose of ensuring qui et. Person. Any individual, association, partnership or corporati on, and includes any officer, employee, department, agency or instrumenta lity of a State or any political subdivision of a State. Powered model vehicle. Any self -propelled airborne, waterbo rne or landborne plane, vessel or vehicle which is not designed to carry pers ons, including, but not limited to, any model airplane, boat, car or rocket. Public right -of -way. Any street, avenue, boulevard, highway, sidewalk or a lley or similar place which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon which are owned or co ntrolled by a governmental entity. Pure tone. Any sound which can be distinctly heard as a single pi tch or a set of single pitche s. For the purposes of this Chapter, a pure tone sh all exist if the 1 -2 -octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous 1 -2 -octave bands by five -decibel dB for center frequencies of five hundred (500) Hz and above and by eight -decibel dB for center frequencies between sixty (60) and four hundred (400) Hz and by 15 -decibel dB for center
13 ORD. NO. 27-12 frequencies less than or equal to 125 Hz. Real property boundary. An imagina ry line along the ground surface, and its vertical extension, which separates the real property owned b y one person from that owned by another person. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; (2) R -1 -AAA -B; (3) R -1 -AA; (4) R -1 -AA -B; (5) R -1 -A; (6) R -1 -A -B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space & Recreation (OSR); and (16) Conservatio n District (CD). RMS sound pressure. The square root of the time average square of the sound pressur e -denoted Prms. Sound. An oscillation in pressure, particle displacement, p article velocity or other physical parameter, in a medium with internal forces t hat causes compression and rarefaction of that medium. The description of sound may include an y characteristic of that sound, including duration, intensity and frequency.
14 ORD. NO. 27-12 Sound level. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as s pecified in American National Standards Institute specifications for sound level me ters (ANSI S1.4 -1971 or the latest approved revision thereof). If the frequency weighti ng employed is not indica ted, the A -weighting shall apply. Sound level meter. An instrument comprising a microphone, amplifier an d output meter, and frequency -weighting networks, that is used for the measurement of sound levels in a specified manner. Sound pressure. A measure of sound power, usually given in dynes per square centimeter. Sound pressure level (in decibels). Twenty times the logarithm to the base of ten (10) of the ratio of the pressure of the sound being measure d to a reference sound pressure of twenty (20) micron ewtons -m2 or 0.0002 microbars. Sound reproduction device. A device intended primarily for the production or reproduction of sound including, but not limited to, an y musical instrument, radio receiver, television receiver, tape recorder, phonograph or soun d amplifying system. Sound signal device. A device designed to produce a sound signal when operate d, including, but not limited to, any klaxon, airhorn, w histle, bell, gong, siren, but not an emergency signal device. Warning device. Sound emitting device s used to alert and warn people. Sec. 99.03. - NOISE DISTURBANCES PROHIBITED. It shall be unlawful for any person to make, contin ue or cause to be made or continued any noise disturbance. Sec. 99.04. - LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unlawful and in violation of th is Chapter: (1) Noise for Entertainment Purposes. It shall be unlawful for any person or persons to play, us e, operate or permit to be played, used or operated, a ny radio, musical instrument, phonograph or other machine or device fo r the producing or reproducing of sound if such sound is for the purpose of entertainm ent or is used for that purpose and can be hea rd from the distances stated in subsection (a) or viol ates the parameters set forth in subsection (b). (a) Violation will occur if the noise source is located within an
15 ORD. NO. 27-12 automobile, in or upon a public street, highway, bu ilding, sidewalk, park, thoroughfar e or other public area, or is located in or upon a public access area, such as a s hopping mall, parking lot or the like, or on any private pr operty, and the sound can be heard more than fifty (50) feet from its source or, if the noise source is in a buildi ng or other structure and the sound can be heard more than one hun dred (100) feet away from the building or structure or th e boundaries of the property surrounding such building o r structure, whichever is greater. (b) It shall be prima facie evidence of v iolation of this Section if the sound can be heard outside the limits described in subsection (a) or creates a noise disturbance within noise -sensitive zones or if said sound violates any vibrati on or decibel levels set forth in this Chapter (except for ac tivities open to the public and for which a permit has been i ssued by the City according to the criteria set forth in Section 99.30 (c) Where the noise source is located in a building or ot her structure, the owner, occupant, resident manager or other pers on in charge of the premises shall, if present, be presumed to have permitted the noise in the absence o f evidence to the contrary. (d) This Section shall not apply to noncommercial spoke n language covered under subsection (a) of this Section. (2) Loudspe akers or Public Address Systems. Using or operation for any purpose, other than for a purpose covered under divisi on (A)(19) of this Section, of any loudspeaker, public address system or similar devic e such that the sound therefrom creates a noise disturba nce within a noise -sensitive zone, or at any time which violates the provisions of Section 99.05, or when located out -of -doors on any real property in all commercial zoning districts of the City (except two -way communication systems at drive -in facilities). (3) Street Sales. Offering for sale or selling anything by shouting o r outcry within any residential or commercial area of the Cit y (except by permit issued by the City according to criteria set forth in Section 99.3 0 or except between the hours of 8:00 a.m. and 5:00 p.m.), or at any time which violates t he provisions of Section 99.05 (4) Animals and Birds. Owning, possessing or harboring any animal or bird which destroys or damages any property of another person or which frequently or for continued dur ation, howls, whines, barks, meows, squawks or make s other
16 ORD. NO. 27-12 sounds which are of a character, intensity or duratio n as to be detrimental to the life, health or welfare of any individual of ordinary habits and sensitivities or which either steadily or intermi ttently disturbs, injures or endangers the comfort, r epose, peace or safety of any individual of ordinary habits or sensiti vities; or which creates a noise disturbance within a noise -sensitive zone, or at any time violates the provisi ons of Section 99.05. This provision shall not apply to public zoos. (5) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building mater ials, garbage cans or similar objects in a manner as to cause a noise disturbance within a noise -sensitive zone, or at any time which violates the provisions of Section 99.0 5 (6) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work such that the sound therefrom creates a noise disturbance within a noise -sensitive zone or which violates the provisions of Section 99.05 (a) The provisions of subsection (A)(6)(a) of this Sect ion shall not prohibit construction, drilling or demolition wor k between the hours of 7:00 a .m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or mach inery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsectio n (A)(6)(a) of this Section shall also not apply to e merg ency work for public utilities or where a special varian ce has been issued pursuant to Sections 99.06 and 99.30 (b) This Section shall not apply to the use of domestic power tools subject to subsection (A)(16) of this Section. (7) Vehicle or Motorboat Rep airs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle o r motorboat in a manner as to cause a noise disturbance within a noise -sensitive zone, or at any time which violates the provisions of Section 99.05 (8) Refuse Co llection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. a nd 6:00 a.m. of the following day in a residential area or noise -sensitive zone, or in any other area which violates the provisions of Sectio n 99.05 between the hours of 7:00 p.m. and 6:00 a.m. of the following day. (9) Stationary Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including pumps, motors, fans, compressors, powered tools or similar devices, but not including air conditioning or air -handling systems situated in residential areas, but in cluding cooling towers, in a
17 ORD. NO. 27-12 manner as to violate the provisions of Section 99.0 5, except for pumping done pursuant to division (A)(6)(a) of this Secti on. (10) Powered Model Vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 7:00 a.m. the following day. Maximum sound levels during the permitted period of operation shall conform to those set forth for residential land use in subsection 99.05(A) and sh all be measured at a distance of one hundred (100) feet from a ny point on the path of the vehicle. Maximum sound levels for residential propert y and noise -sensitive zones, during the permitted period o f operation, shall be governed by Section 99.05 (11) Vibration. Operating or permitting the operation of any device on a property that causes a vibration which exceeds the a cceleration values given in Table A below on a receiving property: TABLE A BASIC THRESHOLD ACCELERATION VALUES FOR ACCEPTABLE VIBRATION ENVIRONMENTS Daytime is 7:00 a.m. through 10:00 p.m. Nighttime is 10:00 p.m. through 7:00 a.m. All Values are Meters/Sec2 Type of Place Where Received Time of Day Continuous or Intermittent rms Ac celeration Impulsive Excitation Peak Acceleration Hospital operating rooms and other such critical areas Day Night .0036 .0036 .005 .005 Residential (including residential SAD) Day .072 t .1 N Night .005 .01 Commercial (including nonresidential Anytime .14 .2
18 ORD. NO. 27-12 SAD only) t N Industrial and other use Anytime .28 t .4 N t = duration seconds of vibration; for durations greater than 1 00 sec, use t as 100 sec. N = the number of discrete shock excitations that ar e one sec or less in duration. For more than one hundred (100) excitations, use N=100. (12) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren , whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in con junction with places of religious worship shall be exempt from the operation of thi s provision. (13) Emergency Signaling Devices. (a) The intentional sounding or perm itting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling de vices, except for emergency purposes or for testing, as pr ovided in subsection (A)(13)(b) of this Section. (b)(1) Testing of a stationary emergency signaling device shall occ ur at the same time of day each time a test is performe d, but not before 7:00 a.m. or after 7:00 p.m. Any testing sha ll use only the minimum cycle test time. In no case shall the t est time exceed sixty (6 0) seconds. (2) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall no t occur more than once in each calendar month. This testing s hall not occ ur before 7:00 a.m. or after 7:00 p.m. The time lim it specified in division (A)(13)(b)(1) shall not apply t o the complete system testing. (c) The sounding or permitting the sounding of any exteri or burglar or fire alarm shall comply with the provisi ons of Chapter 112 (14) Motor Vehicles Operating on a Public Right -of -Way. Motor vehicles on a Public Right -of -Way are regulated as set forth in the Florida Motor V ehicle Noise
19 ORD. NO. 27-12 Prevention and Control Act of 1974, as set forth in F.S. Sections 316.272 and 316.29 3, as currently exists or as may hereafter be amended. (15) Air Conditioning or Air -Handling Equipment. Operating or permitting the operation of any residential air conditioning or air -handling equipment (but excluding cooling towers) in a manner as to ex ceed any of the following sound levels in residential areas when measured as specified in th e code of recommended practices which is incorporated herein by reference: Measurement Location Decibels dB(A) Any point on neighboring property line 60 Center of neighboring patio 55 Outside the neighboring living area nearest the equipment lo cation 55 (16) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinde r, lawn or garden tool, or si milar device used in residential areas which violates the provisions of Section 99.05, except that division (A)(16) of this Section shall n ot apply to the operation of common lawn and garden equipment between the hours of 7:00 a.m. and 8:00 p.m. (17) Tamp ering. The removal or rendering inoperative by any person o ther than for purposes of maintenance, repair or replace ment, of any noise control device or element of design of any product having those devices. (18) Noise -Sensitive Zones. (a) Creating or cau sing the creation of any sound within any noise -sensitive zone designated pursuant to this Chapter, s o as to disrupt the activities normally conducted within the zone, or at any time which violates the provisions of Section 99.05 with regard to receiving l and use in all residential districts, including residential only SAD Districts, p rovided that conspicuous signs are displayed indicating the pr esence of the zone; or (b) Creating or causing the creation of any sound within a noise -sensitive zone designate d pursuant to this Chapter, containing a hospital, nursing home or similar activity so as to interfere with the functions of that activity or disturb the p atients in the activity, or at any time which violates the pro visions of Section 99.05 with regard to receiving land use in all residential districts, including residential -only SAD districts,
20 ORD. NO. 27-12 provided that conspicuous signs are displayed indicating the presence of the zone. (19) Outdoor Playing of Musical Instruments, Phonographs an d Similar Devices. Op erating, playing or permitting the operation or pla ying outdoors of any musical instrument, drum, phonograph, sound amplifier or simi lar device that produces, reproduces or amplifies musical sound. The operation or playing shall be deemed to be outdoors if the musical instrument or source of the amplificati on is not located within a building or other structure that is fully e nclosed by walls and a roof. This Section shall not apply to activities open to the p ublic for which a permit has been issued by the C ity according to criteria set forth in Section 99.30 . In addition, division (A)(19) of this Section shall not apply to noncommercial spoken language covered under division (A)(2) of this Section. (B) Exemptions. Noncommercial public speaking and public as sembly activities conducted on any public space or Public Right -of -Way shall be exempt from the operation of this Section. Cross reference — Penalty, § 99.99. Sec. 99.05. - SOUND LEVELS BY RECEIVING LAND USE. Maximum Permissible Sound Levels by Receivin g Land Use. No person shall operate or cause to be operated a source of sound as defined in Sec tion 99.04 in a manner as to create a sound level which exceeds the limits set forth for th e receiving land use category in subsections (A), (B) and (C) below, w hen measured on or within the property boundary of the receiving land use and in the manner specified in the Code of Recommended Practices, which is incorporated herein by reference. (A) Sound Levels by Receiving Land Use. L50 Sound Level Limit, Decib el Receiving Land Use Time Exterior Interior Residential Area 7:00 a.m. through 10:00 p.m. 60 45 10:00 p.m. through 7:00 a.m. 55 45 Commercial Area At all times 65 45 Industrial Area At all times 75 45
21 ORD. NO. 27-12 (B) [Maximum Sound Levels.] The maximum sound l evels shall not exceed the L50 limits stated above by more than fifteen (15) dB. (C) Correction for Character of Sound. For any source which emits a pure tone or an impulsive sound, the sound level limit set forth in s ubsection (B) above shall be reduced by five (5) dB. (D) Exemptions. The provisions of this Section shall not apply to: (1) Activities covered by the following: aircraft and airport op erations; (2) The unamplified human voice; (3) Interstate railway locomotives and cars; and (4) Warning dev ices required on certain vehicles by Federal laws or regula tions. Cross reference — Penalty, § 99.99. Sec. 99.06. - EMERGENCY EXCEPTIONS. The provisions of this Chapter shall not apply to: (A) The emission of sound for the purpose of alerting persons to the existence of an emergency; (B) The emission of sound in the performance of emergency work ; or (C) The emission of sound in the performance of an activ ity for which, pursuant to this Chapter, the City Manager has expressly giv en a temporary, emergency exception from this Chapter when time would not perm it the obtaining of a special variance pursuant to Section 99.30 Secs. 99.07 —99.14. - RESERVED. Sec. 99.15. - SCOPE. The provisions of this subchapter shall supersede a nd take precedence over any confl icting provision set forth in this Chapter. Sec. 99.16. - TRAIN WHISTLE OR HORN NOISE PROHIBITED. (A) It shall be unlawful and a public nuisance for any person, business or corporation operating a railroad train of a railroad company wholly within the St ate to blow, activate or in any way permit or cause the blowing or activation of train whistles or horns from railroad trains between the hours of 10:00 p.m. and 6:00 a.m. on any day, when that train is traveling within the City.
22 ORD. NO. 27-12 (B) All persons approachi ng a railroad -highway grade crossing shall exercise reasonable care for their own safety and for the saf ety of railroad train crews as well as for the safety of train or vehicle passengers. Cross reference — Penalty, § 99.99. Sec. 99.17. - APPLICATION TO CERTAIN RAILROAD CROSSINGS ONLY. This subchapter relates only to public at -grade railroad train crossings having train -activated automatic traffic -control devices, which shall include flashing lights , bells and crossing gates on both sides of the railroa d tracks. Sec. 99.18. - SIGNS AND NOTIFICATION. (A) Within a reasonable time after the enactment of thi s subchapter, the City shall post signs at each railroad crossing in the Ci ty announcing that trains are prohibited from the sounding of whistles or ho rns between the hours of 10:00 p.m. and 6:00 a.m. (B) At all appropriate public railroad -highway grade crossings within the City, the City shall cause to be erected advanced railroad warn ing signs and pavement markings in accordance with the uniform syste m of traffic -control devices if the City has maintenance responsibility for that particular highway or street. Secs. 99.19—99.29. - RESERVED. Sec. 99.30. - SPECIAL VARIANCES. (A) The Board of Adjustment of the City shall have the authority, c onsistent w ith this Chapter, to grant special variances that may be reques ted pursuant to this Section. (B) Any person seeking a special variance pursuant to t his Chapter shall file an application with the Board of Adjustment. The filing fee for an application shall be twenty -five dollars ($25.00). The application shall contain information that demonstrates that bringing the source of sound or activity for which t he special variance is sought into compliance with this order would constitute an unreas onable hardship o n the applicant, on the community or on other persons. Notice of an app lication for a special variance shall be published in a newspaper of general circulation in t he City at least seven (7) days prior to its consideration by the Board of Adjustment. Any i ndividual who claims to be adversely affected by allowance of the special variance may fi le a statement with the Board of Adjustment containing any information to support his Claim. If the Board of Adjustment finds that a sufficient controversy exists rega rding the application, a public hearing may be held. (C) In determining whether to grant or deny the applicati on, the Board of Adjustment shall balance the hardship to the applican t, the community and other persons of not granting the special variance aga inst the adverse impact on the health, safety and we lfare
23 ORD. NO. 27-12 of persons affected, the adverse impact on property affected and any other adverse impacts of granting the special variance. Applicants for sp ecial variances and persons contesting special variances may be required to submit any information the Board o f Adjustment may reasonably require. (D) Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the p ermitted activity. A special v ariance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminat e it and subject the person holding it to those provisions of this Chapter regulating the sou rce of sound or activity for which the special variance was granted. (E) Application for extension of time limit specified in special variances or for modification of other substantial conditions shall be treated like application for initial special variances under subsection (B) above. (F)(1) The City Manager shall have concurrent authority to grant special variances requested pursuant to this Chapter, which may be granted by t he City Manager provided: (a) The applicant supplies information proving complian ce with the standards set forth in division (C) above; (b) The same or a similar application (for the same pro perty or event) has not been granted or denied by the Board of Adjustmen t or the City Manager within the preceding one year; and (c) That a speci al variance by the City Manager shall not exceed ten (10) calendar days in duration. (2) There shall be no appeal to the Board of Adjustment f rom the decision of the City Manager concerning a request for a specia l variance. Sec. 99.31. - NOTICE OF VIOLATI ON. Except where a person is acting in good faith to com ply with an abatement order issued pursuant to subsection 99.32(A), violation of any provision shall be cause for a notice of violation to be issued by the City. Sec. 99.32. - ABATEMENT ORDERS. (A) Except as provided for in division (B) below, in lieu of issuing a notice of violation as provided for in Section 99.31, the City official responsible for enforcement of any provision of this Chapter may issue an order requiring aba tement of any source of sound or vibration alleged to be in violation of this Chapter wit hin a reasonable time period. (B) An abatement order shall not be issued:
24 ORD. NO. 27-12 (1) For any violation governed by Section 99.99(b)(2); or (2) When the City has reason to believe that there will not be compliance with the abatement order. Sec. 99.33. - APPEALS. Appeals of an adverse decision of the Board of Adjustm ent shall be made in accordance with appeals from the Board of Adjustment pursuan t to Section 173.916(I). Sec. 99.34. - CITIZEN SUITS . Nothing in this Chapter shall be construed as prohib iting any person from commencing a civil action on his own behalf against any person who is alleged to be in violation of any provision of this Chapter, nor sha ll this Chapter be construed to impair an y other common law or statutory causes of action, or legal remedies therefrom, of any person for injury or damage arising from any violation of this Chapt er or from other law. Secs. 99.35 —99.98. - RESERVED. Sec. 99.99. - PENALTY. (A) Any person, firm or corporation who violates any provision of this Chap ter for which another penalty is not specifically provi ded shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500.00) or im prisonment for a term not exceeding sixty (60) day s, or both. Each day any violation shall continue t o exist shall constitute a separate offense. (b)(1) Any person who violates any provision of Sections 9 9.03 through 99.05 shall be fined for each offense not more than five hundred do llars ($500.00). ( 2) Any person who willfully or knowingly violates any provision of Sections 99.03 through 99.05 shall be fined for each offense a sum of not less than fifty dollars ($50.00) and not more than five hundred dollars ($50 0.00). (3) Each day a violation of any provision of Sections 99.03 through 99.05 shall continue to exist shall constitute a separate of fense. Section 3. That should any section or provision of this ordina nce 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 o f the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in confl ict herewith be, and the same are hereby repealed.
25 ORD. NO. 27-12 Section 5 . That this ordinance shall become effective immedia tely upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:August 23, 2012 SUBJECT:AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 ORDINANCE NO. 26 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second read ing to c onsider an amendment to Chapter 37 “Delray Beach Code Enforcement”, Section 37.45, “Su pplemental Code Enforcement Procedures”, Subsection Q, “Civil Penalties”, of the Code of Ordinances of the City of Delray Bea ch, Florida, in order to update the provisions pertaining to noise control. BACKGROUND At the first reading on August 21, 2012, the Commis sion passed Ordinance No. 26-12. RECOMMENDATION Recommend approval of Ordinance No. 26-12 on second and final reading.
ORDINANCE NO. 26-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37 “DELRAY BEACH CODE ENFORCEMENT”; 37.45 “SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES”; SUBSECTION Q “CIVIL PENALTIES” OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, IN ORDER TO UPDATE THE PROVISIONS PERTAINING TO NOISE CONTROL, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has amended Chapter 99 “Noise Contr ol” of the Code of Ordinances of the City of Delray Beach. WHEREAS, the City Commission of the City of Delray Beach desi res to amend current civil penalties for noise violations to comport with rece nt changes to the Noise Control provisions of its Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated her ein. Section 2 . That Chapter 37 “Enforcement Procedures”; Section 37.45 “Supplemental Code Enforcement Procedures”; Subsection Q “Civil Pen alties” of the Code of Ordinances of the City of Delray Beach , Florida, be and the same is hereby amended to read as follows: Q) Civil penalties. Code Civil Penalty Code Section Description of Violation Noncontested Contested CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.02 Dumping on private property is prohibited 200.00 275.00 51.03 Garbage placed in containers 150.00 225.00 51.20 (A) and (B) Removal of building materials—Owner's responsibility 100.00 175.00 51.22 Vegetative waste collection 100.00 175.00 51.23 Bulk trash collection 100.00 175.00 51.35—Required and approved trash containers, roll-100.00 175.00
2 ORD. NO. 26-12 51.40 offs, maintenance, replacement 51.41—51.44 Garbage preparation; use of containers 50.00 125.00 51.45 Construction receptacles 150.00 225.00 51.55—51.59 Special refuse; recycling 100.00 175.00 All other violations of Section 51 100.00 175.00 ABANDONED PROPERTY JUNK, TRASH & DEBRIS 90.02 Allowing wrecked, dismantled, unlicensed or inoperable vehicles or vessels on public property 150.00 225.00 90.03 Allowing wrecked, dismantled, unlicensed, inoperable vehicles or vessels on private property 150.00 225.00 90.07 Allowing repair work outside an enclosed building; storage of dismantled vehicles 150.00 225.00 90.16 Operating junk yard without obtaining required permits 250.00 325.00 All other Section 90 violations 100.00 175.00 FIRE SAFETY 96.02 Inspection required 100.00 175.00 96.04 Open burning prohibited 200.00 275.00 96.05(c) Objects within 5 feet of fire hydrant 150.00 225.00 96.08(B), (C) Storage, discharge or release of hazardous wastes 100.00 150.00 96.16 Adoption of N.F.P.A.—Any other violation of N.F.P.A. 150.00 225.00 GARBAGE ON PRIVATE PROPERTY 98.03(A) Unlawful deposit of garbage 150.00 225.00 98.03(B) Unlawful accumulation of garbage 150.00 225.00 LITTER ON PRIVATE PROPERTY 98.04(A) Unlawful deposit of litter 150.00 225.00 98.04(B) Unlawful existence of litter 150.00 225.00 98.04(C) Property to remain free of litter 150.00 225.00 LITTER ON BUSINESS 98.05(A) Unlawful deposit of litter in business 150.00 225.00 98.05(B) Unlawful existence of litter in business 150.00 225.00 LITTER IN PUBLIC PLACE 98.06 Unlawful to throw or deposit litter in a public place 250.00 325.00 LITTER ON STREET 98.07(A) Unlawful deposit of litter on sidewalk, parking area, right-of-way or street 250.00 325.00 98.07(B) Unlawful existence of litter on sidewalk, parking area, right-of-way, or street 150.00 225.00 LITTER ON VACANT LOTS 98.08(A) Unlawful deposit of litter on private property 150.00 225.00
3 ORD. NO. 26-12 98.08(B) Unlawful existence of litter on private property 150.00 225.00 LITTER IN WATER 98.10 Unlawful to deposit litter in water 150.00 225.00 98.20 Unlawful to throw or scatter litter on street, sidewalk, alley, public or private property 150.00 225.00 THROWING LITTER FROM VEHICLES 98.21 Unlawful for driver or passenger to throw or deposit litter on any street, public place, or private property 150.00 225.00 VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS 98.22(A) Loose materials blowing or dropping from vehicles 200.00 275.00 98.22(C) Required watertight vehicle to prevent odors and spillage 250.00 325.00 98.23 Unlawful dropping litter from aircraft 250.00 325.00 98.23(A) Waste tire dumpster required to register 250.00 325.00 98.23(B) License required for waste tire collection 250.00 325.00 98.23(C)(1) Transporting tires without license 250.00 325.00 98.23(C)(2) Giving false identification 100.00 175.00 98.23(C)(3) Unlawful subcontracting 200.00 275.00 All other sections of Chapter 98 100.00 175.00 NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise distur bance 150.00 225.00 99.03 Unlawful for a person to make unreasonably loud, excessive, or unnecessary noise 250.00 325.00 99.04(1) It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce soun d that for purposes of entertainment a. If the noise source is located within an automobile, in or on a public access area and can be heard 50 feet from the source, or 100 feet if within a building 200.00 275.00 b. If the sound violates the decibel level established by ordinance 200.00 275.00 99.04(2) Loudspeakers/Public address systems 200.00 275.00 99.05 Sound levels by land use 200.00 275.00 All other violations of Section 99 150.00 225.00 GENERAL REGULATIONS 100.01(A)(1) Unlawful existence of weeds, undergrowth, brush trash or garbage on property 150.00 225.00 100.01(A)(2) Unlawful existence of weeds, grass, plant life over 12 inches high 150.00 225.00 100.01(A)(3) Unlawful existence of vegetative trash mixed with other refuse 150.00 225.00 100.01(A)(4) Unlawful accumulations of bulky, heavy, 150.00 225.00
4 ORD. NO. 26-12 unbundled or uncontainerized items 100.01(B) The existence of vegetation trees and shrubs that impair traffic safety is prohibited 250.00 325.00 100.01(C) The existence of any vegetation, trees or shrubs that interferes with street lights, signs, sidewalks or other public improvements is prohibited 200.00 275.00 100.01(D) The adjoining public right-of-way must be maintained 150.00 225.00 100.01(E) Pyramid or similar type markers are prohibited 150.00 225.00 100.02 Unlawful debris, vegetation, or structure on property which may create a hazard in times of hurricane 250.00 325.00 100.03 Unlawful accumulation of sand, rock, debris, or spoil on lot 100.00 175.00 100.04 Seawall repair is required on all properties adjacent to sand, stream, or body of water 150.00 225.00 100.05(A), (B) Unlawful to maintain standing water where mosquitoes may breed 150.00 225.00 100.06(A), (B) Unlawful excavation which is in dangerous or unsafe condition; declared a nuisance 250.00 325.00 100.07(A) Any portion of a lot not covered with a building, structure, parking area, or walkway shall be sodded or covered with appropriate ground cover 100.00 175.00 100.07(B) All landscape materials shall be maintained in a healthy condition 100.00 175.00 EXTERIOR BUILDING WALLS 100.08(A) All building walls shall be maintained in a secure and attractive manner. All defective material shall be repaired. All loose materials, cornices, trim and window frames shall not be deteriorated, shall be structurally sound, and exposed materials shall be painted. 100.00 175.00 PETS ON THE BEACH, PARKS OR RECREATIONAL FACILITIES All sections of Chapter 101 except 101.27(B) and 101.36(E)(1) 100.00 175.00 101.27(B) No person shall bring into any park or municipal beach site, any cat, dog or other animal without a permit from the Parks and Recreation Department 50.00 125.00 101.36(E)(1) No person shall bring into any recreational facility any cat, dog, or other animal 50.00 125.00 STREETS AND SIDEWALKS—CONSTRUCTION, EXCAVATION, AND REPAIR 102.01(A), (B) Construction in right-of-way (permit required) 100.00 175.00 102.17 Construction on street (permit required) 100.00 175.00 102.20 Construction standards for public r-o-w 100.00 175.00 102.40 Standards for movable newsracks 100.00 175.00
5 ORD. NO. 26-12 102.42 Certificate of compliance for newsrack 50.00 125.00 102.43 Newsrack standards 100.00 175.00 102.44 Prohibited locations/site triangle requirement 250.00 325.00 102.46 Abandonment 150.00 225.00 All other violations of Section 102 100.00 175.00 LOCAL BUSINESS TAX RECEIPT 110.02 Local Business Tax Receipt required 100.00 175.00 110.08 State license required 100.00 175.00 110.113 Commercial vehicles—Required name (4 inches) to be displayed 100.00 175.00 110.116 Failure to get preinspection required for new business 75.00 150.00 All other violations of Section 110 100.00 175.00 ALARMS 112.21 Failure to get alarm registration 50.00 125.00 112.23 Failure to display alarm decal 50.00 125.00 112.26 Failure to respond/verify alarm malfunction 75.00 150.00 112.27 Multiple malfunction violations 1st offense 0.00 0.00 2nd offense 0.00 0.00 3rd offense 0.00 0.00 4th offense 25.00 50.00 All other violations of Section 112 100.00 175.00 HANDBILLS/SOLICITING 118.02 Unlawful distribution of handbills 100.00 175.00 118.03 Unlawful soliciting and peddling 100.00 175.00 118.06 Failure to pay a business tax for soliciting 100.00 175.00 All other violations for Section 118 100.00 175.00 SKATEBOARDING 132.09 Unlawful skateboarding/roller skating on sidewalk along Atlantic Avenue between State Road A-1-A and I-95 50.00 100.00 All other sections of City Code not mentioned 100.00 175.00 CITY LAND DEVELOPMENT REGULATIONS 4.3.2(A)—(C) Use Determination—Allowed and incompatible uses 200.00 275.00 4.3.3(A)—(Z) Special Uses/District Regulations 200.00 275.00 4.3.4(A)—(K) Development Standards Setbacks; lot coverage; density; zoning matrix 100.00 175.00 4.4.2—4.4.28 Permitted Uses 250.00 325.00 SIGNS 4.6.7(D)(2) Garish signs 100.00 175.00 4.6.7(E)(1) Permits required for signs 100.00 175.00 4.6.7(F) Sign area, height, setbacks 100.00 175.00 4.6.7(J) Prohibited signs 150.00 225.00
6 ORD. NO. 26-12 All other violations of Section 4.6.7 100.00 175.00 LIGHTING 4.6.8(A)(1)—(4) Lighting requirements, height, lighting illumination standards 100.00 175.00 PARKING 4.6.9(B)(1)—(5) Parking required 150.00 225.00 4.6.9 (C)(1) Parking design 150.00 225.00 4.6.9 (C)(2) Residential uses (spaces req'd) (a) Single-family 50.00 125.00 (b) Duplexes 75.00 150.00 (c) Multifamily 100.00 175.00 (d) Guest parking 50.00 125.00 4.6.9 (C) (3) Commercial uses 150.00 225.00 4.6.9(C)(4) Office uses 150.00 225.00 4.6.9(C)(5) Industrial uses 150.00 225.00 4.6.9(C)(6) Recreational/Community Facilities 150.00 225.00 All other violations of Section 4.6.9 150.00 225.00 4.6.10 Off loading requirements 150.00 225.00 4.6.11 Outside storage of materials, supplies, products, and vehicles shall only be allowed if specified in the district 250.00 325.00 4.6.13(A) Parking and storage of commercial vehicles, boats, trucks, and similar vehicles in a residential district 250.00 325.00 4.6.13(B) Truck parking—Residential zones—Prohibited boat, trailer, RV storage in residential zones 250.00 325.00 4.6.14 Site triangle visibility of intersections 250.00 325.00 4.6.15 Pool enclosures, requirements 250.00 325.00 LANDSCAPING 4.6.16(A) General requirements 100.00 175.00 4.6.16(B) Applicability 100.00 175.00 4.6.16(C) Compliance, review 100.00 175.00 4.6.16(D) Site plan requirements 150.00 225.00 4.6.16(E) Design standards 100.00 175.00 4.6.16(F) Irrigation requirements 100.00 175.00 4.6.16(G) Prohibited species 150.00 225.00 4.6.16(H) Minimum requirements (1) Single Family (new) 50.00 125.00 (2) Duplex (new) 75.00 150.00 (3) Multi-Family, Commercial, Industrial (new) 150.00 225.00 (4) Multi-Family, Duplex, Commercial, and Industrial (existing) 100.00 175.00 (5) Sight distance req'd (ref. Section 4.6.14) 250.00 325.00 4.6.16(I) Minimum requirements (1) General 100.00 175.00 (2) Pruning/hatracking 200.00 275.00
7 ORD. NO. 26-12 4.6.17 Soil erosion (all sections) 100.00 175.00 5.1 Subdivision Regulations (all sections) 100.00 175.00 5.3 Right-of-Way Dedication (all sections) 100.00 175.00 WORK IN PUBLIC RIGHT-OF-WAY 6.3.2 Permit required for work in public right-of-way 100.00 175.00 SIDEWALK CAFE REQUIREMENTS 6.3.3(A) Permit required 100.00 175.00 6.3.3(F) Design Guidelines 6.3.3(F)(1)—(13) Path of egress, no table zones, hours of operation, cleanliness, etc. 150.00 225.00 BUILDING REGULATIONS 7.1.2 Required plans and permit 100.00 175.00 7.1.3 Florida Building Code (all sections) 100.00 175.00 7.1.3(B)(1)—(4) Florida Building Code Standards 100.00 175.00 7.1.4 Property Maintenances; Building Standards 7.1.4(C)(1) Buildings 150.00 225.00 (a), (b) Safety 150.00 225.00 7.1.4(C)(2) Debris/Storage on partially vacant lot 150.00 225.00 7.1.4(D)(1) Hurricane precautions (a) Required canvas awnings, tents to be removed 150.00 225.00 (b) Construction materials to be secured 250.00 325.00 (c) Outdoor furniture and materials to be secured 250.00 325.00 7.1.4(D)(2)(b ) Required repairs after hurricane (unsafe structure) 250.00 325.00 7.1.5(B)(1)(2 ) Required numbers on buildings 100.00 175.00 7.1.5(C) Required display and size of numbers—Visible from street 50.00 125.00 7.1.7 Seawalls required to be in good repair 100.00 150.00 ELECTRICAL CODE 7.2.1(A)(1), (2) Required electrician for work 100.00 175.00 7.2.1(A)(1), (3) Required sign electrician for work 100.00 175.00 7.2.1 (B) National Elec. Code and National Fire Code adopted by reference violations 100.00 175.00 7.2.1(C) Allowing another person to obtain permit or do work under your license 200.00 275.00 7.2.2(A)(1)—(3) Required plans and installation methods 100.00 175.00 7.2.2(B) Concealing work before final 150.00 225.00 7.2.2(C) Using non-approved apparatus/fixtures 200.00 275.00 7.2.5(C) Interfering with enforcement 150.00 225.00 All other Section 7 violations 100.00 175.00 BUILDING MAINTENANCE
8 ORD. NO. 26-12 7.8.3 Buildings shall be maintained by Owner 100.00 175.00 STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AN D 7.8.3 101.4.1—101.4.4 Repairs required on existing buildings 100.00 175.00 101.6 Maintenance of buildings; safeguards; owner responsible 100.00 175.00 103.2 Unsafe residential buildings to be repaired or demolished 250.00 325.00 301 Occupying or allowing occupation of a substandard building 150.00 225.00 302.1—302.4 Required sanitary & plumbing facilities 100.00 175.00 302.5.1—302.5.6 Required heating facilities 100.00 175.00 302.6 Required kitchen facilities 100.00 175.00 303.1 Required windows 100.00 175.00 303.2 Required ventilation 100.00 175.00 303.3 Required bathroom ventilation 100.00 175.00 303.4 Required electrical outlets 100.00 175.00 305.1—305.23.2 Doors, windows and screen requirements 100.00 175.00 306.1—306.4 Minimum space requirements 100.00 175.00 307.1—307.6 Sanitation requirements for multi-family 150.00 225.00 308.1—308.7 Rooming house requirements 150.00 225.00 309.1—309.6 Dangerous dwellings 250.00 325.00 All other sections of Standard Housing Code not mentioned 100.00 175.00 Section 3. That should any section or provision of this ordina nce 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 o f the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in confl ict herewith be, and the same are hereby repealed. Section 5 . That this ordinance shall become effective immedia tely upon its passage on second and final reading.
9 ORD. NO. 26-12 PASSED AND ADOPTED in regular session on second and f inal reading on this the _____ day of ___________________, 2012. ____________________________________ M A Y O R ATTEST _______________________________ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO:Mayor and Ci ty Commissioners FROM:Janice Rustin, Assistant City Attorney THROUGH:R. Brian Shutt, City Attorney DATE:August 17, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEET ING OF AUGUST 21, 2012 ORDINANCE NO. 26 -12 ITEM BEFORE COMMISSION The attached Ordinance 26-12 is amending Section 37.45 “Supplemental Code Enforcement Procedures”. BACKGROUND This ordinance amendment is be fore Commission for approval to update Section 37.45, “Supplemental Code Enforcement Procedures”, S ubsection Q, “Civil Penalties”, to comport with changes made to Chapter 99, “Noise Control”, as descri bed in proposed Ordinance No. 27-12. RECOMMENDATION The City Attorney’s office recommends City Co mmission discretion and onl y after Ordinance No. 27-12 is approved. Pa g e 1of 1 Coversheet 8/23/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5926&Meetin g ID=386
MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:August 29, 2012 SUBJECT:AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 RESOLUTION NO. 43 -12/ CONTRACT FOR SALE AND PURCHASE/ 810 N.W. 21ST W AY ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Nei ghborhood Stabilization Program property located at 810 NW 21 st Way, Delray Beach, FL 33445 to Jarrod Levins for the purchase price of One Hundred Forty-Five Thousand Dollars and 00/100 cents ($145,000.00 ) or the appraised value and provide a subsidy up to $50,000 secured by a promissory note and second mortgage. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Pro gram (NSP) awarded through the Florida Department of Com munity Affairs by the U. S. Department of Housing and Urban Development (HUD), and $400,000 f rom the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housi ng and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purcha sing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order t o stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less t han one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subjec t property to Jarrod Levins for the purchase price of One Hundred Forty-Five Thousand Dollars and 00/100 cents ($145,000.00 ) or the appraised value and provide a subsidy up to $50,000 secured by a promis sory note and second mortgage, said property being described as follows: LOT 34, TOGETHER WITH THE SOUTHERLY 9.67 FEET OF LO T 35, RE-PLAT OF RAINBERRY LAKE, PHASE IV-A, ACCORDING TO THE MAP OR PLAT OR PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 99, OF TH E PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RECOMMENDATION Staff recommends City Commission approval to sell N SP property located at 810 NW 21 st Way, Delray Beach, FL 33445 to Jarrod Levins for the purchase price of One Hundred Thousand Doll ars and 00/100 cents ($145,000.00) or the appraised value and prov ide a subsidy up to $50,000 secured by a promissory note and second mortgage.
RESOLUTION NO. 43-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTIN G THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CIT Y OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 810 N.W. 21 st Way; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the City Commission of the City of Delray B each, Florida, as Seller, hereby agrees to sell to Jarrod Levins, as Buyer(s), for the purchase price of the lesser of One Hundred Forty-Five Thousa nd Dollars and 00/100 cents ($145,000.00) or bank appraised va lue, said property being described as follows: LOT 34, TOGETHER WITH THE SOUTHERLY 9.67 FEET OF LO T 35, RE-PLAT OF RAINBERRY LAKE, PHASE IV-A, ACCORDING TO THE MAP OR PLAT OR PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 99, OF TH E PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 2 . That the terms and conditions contained in the con tract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit “A”. PASSED AND ADOPTED in regular session on the _____ day of ______________, 2012. __________________________________ ATTEST: M A Y O R ________________________________ City Clerk
MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:August 28, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 ORDINANCE NO. 28 -12 ITEM BEFORE COMMISSION Adoption of Ordinance 28-12 regarding a proposed change to allow department head level employees to join the general employees ’ pension plan and buy back previously accrued serv ice. BACKGROUND In 2003 department head level employees were given a 90 day window in which to join the general employees’ pension plan and buy back previously accrued servic e, where they had been excluded from membership. This amendment will allow current and f uture department head level employees, which include the City Manager and assistants, the City A ttorney and assistants, and department heads, who previously elected not to participate in the plan, the ability to join the general employees’ pension plan at any time in the future and buy back accrued serv ice. As has been previously discussed with the Commissio n, the City Manager believes this change will be helpful in attracting and retaining employees at th is level. All of the employees included in this ch ange are at will employees. For that reason, they often elect to not participate in the Pension Plan when they are first hired, since they have no assurance they will be employed by the City long enough to become fully vested in the City's pension plan. They elec t to participate in the deferred compensation plan (457) since contributions to it are fully portable. Once they have been employed by the City for a number o f years they may feel secure enough to buy into the C ity's pension plan. There are currently four employees who would be aff ected by this change. FUNDING SOURCE The employee would be required to pay the full actu arial cost to purchase prior service credit. Going forward the City would have to contribute a percent age of the employee's salary to the pension fund. However, the City would no longer contribute 9.5% o f the employee's salary to the deferred compensation plan. Currently the City's cost would increase from 9.5% of salary to 11.95%. In many prior years, however, the City's pension contributi on for General Employees has been less than 9.5%, s o the City would have realized a savings. RECOMMENDATION Commission discretion.
ORDINANCE NO. 28-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, “DEFINITIONS”, TO AMEND THE DEFINITION OF “EMPLOYEE” TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED POSITIONS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the General Employees’ Retirement Plan to allow certain employe es who were previously excluded from the Plan to participate in the Plan and purchase credited service under the plan for the period of their employment wi th the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1 . That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.089, “Definitions”, by amending the definition of “Employee” to re ad as follows: Sec. 35.089. DEFINITIONS. Employee. Any regular full-time employee of the City, except as other wise provided herein. (1) The term "employee" shall not include: City Com missioners; the City Manager (and assistants); the City Attorney (and assistants); depa rtment heads upon their written election not to participate in the plan; former department heads who have elected not to participate in the plan; any person not classified by the City as a regular, full -time employee; any participant who retires and receives early or normal retirement benefits under t he plan, is subsequently re-employed by the City, and elects to continue receiving retirement income du ring the period of employment pursuant to Sec. 35.090(E) of this subchapter; and firefighters and police officers employed by the City who participate in another retirement plan. (2) Effective January 7, 2003 upon the adoption of Ordinance No. 57 -02 [Jan. 7, 2003], the term "employee" shall include the City Manager (and assist ants) upon their written election to participate in the plan; the City Attorney (and assistants) upon their written election to participate in the plan; and department heads who previously elected not to part icipate in the plan, upon their written election to participate in the plan. An employee's written election to participate in the plan pursuan t to this paragraph must be submitted to the Retiremen t Commi ttee within ninety (90) days following adoption of Ordinance No. 57 -02 [Jan. 7, 2003] or date of employment in a positio n identified in
2 ORD. NO. 28-12 this paragraph, whichever is later. Such written election shall be irrevocable. Any su ch employee who does not submit a timely written election to participate in the plan pursuant to this paragraph shall not participate in the plan for as long as he or she is employed by the City in a position identified in this paragraph. Section 2 . That all ordinances or parts of ordinances in conf lict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sente nce or word or other provision of this ordinance, or any portion thereof, or its appli cation to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstituti onal, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other per sons or circumstances and shall not affect the validity o f the remainder hereof as a whole or part thereof o ther than the part declared to be invalid. Section 4. That this ordinance shall become effective immediat ely upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and f inal reading on this the ___ day of ___________, 2012. _______________________________ ATTEST: MAYOR _________________________________ City Clerk First Reading_____________________ Second Reading ___________________
MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:August 31, 2012 SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 4, 2012 ORDINANCE NO. 30 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for first readi ng to amend Chapter 51 “Garbage and Trash” of the Code of Ordinances by modifying Section 51.70, “Reg ular Charges Levied” to provide for increased residential and commerical collection service rates for FY 2013. BACKGROUND Garbage, recycling, yard trash, bulk trash, and com mercial container fees are being amended. 1. Residential customers should see approximately a 3.7% increase in their rates due to an approximate 2% increase in the CPI and a change in the fuel surcharge credit from minus 2% to minus 0%. 2. Commercial rates were also adjusted by the CPI and fuel surcharge. All rate changes have been reviewed and approved by Waste Management in accordance with our contract. These rates go into effect October 1, 20 12. RECOMMENDATION Recommend approval of Ordinance No. 30-12 on first reading. If passed, a public hearing wi ll be scheduled for September 20, 2012.
ORDINANCE NO. 30-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2013; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbag e and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordina nces of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied fo r collection service, unless the City has approved a different type of service and then eac h unit/development shall be billed in accordance with the type of service that it is receiving: Charges for the below-described collection service s hall be as follows and shall commence when a certificate of occupancy is issued by the City for a ny residential or commercial units, and shall continu e monthly thereafter unless service is discontinued in accordan ce with Section 51.73: (A) Residential Service (Single Family Homes, Duplexe s, Triplexes, Quadplexes and Mobile Homes): Curbside Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection $6.30 $6.55 Recycling $2.5 6 $2.66
ORD. NO. 30-12 2 Yard Trash $2.5 6 $2.66 Total Fees--Contractor $1 1 .4 2 $11.87 Cart Replacement .90 Administrative Fee .35 Franchise Fee (10%) $1.14 $1.17 Less C & D Credit -0.20 Total Fees $1 3 .6 1 $14.29 Rear-Door Owner Container Monthly Service Cost Per Unit Garbage Collection $1 6 .5 7 $17.23 Recycling $2.5 6 $2.66 Yard Trash $2.5 6 $2.66 Total Fees--Contractor $21 .6 9 $22.55 Administrative Fee 0.35 Franchise Fee (10%) 2.17 $2.24 Less C & D Credit -0.20 Total Fees $2 4 .01 $25.14 Curbside Disposable Bags With Vegetative Waste and Bulk T rash Pickup Monthly Service Cost Per Unit
ORD. NO. 30-12 3 Garbage/Trash Collection $4 .26 $4.43 Recycling $2.5 6 $2.66 Yard Trash $2.5 6 $2.66 Total Fees--Contractor $9 .38 $9.75 Administrative Fee 0.35 Franchise Fee (10%) 0.94 $0.98 Less C & D Credit -0.20 Total Fees $10.47 $11.08 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise app roved by the City because of lack of suitable space for a mechanical container or other good reaso n. Multiple-family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per wee k, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts loca ted within enclosures for multi-family collection servi ce, in addition to the monthly total fee (based on th e number of units) paid to the City, the Contractor is permitted to charge a roll-out rate that shall be t he same as rollout cart service for commercial custome rs listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes t he roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $3 .18 $3.30 Recycling 2.5 6 $2.66
ORD. NO. 30-12 4 Total Per-Unit Fee--Contractor $5.74 $5.96 Administrative Fee 0.35 Franchise Fee (10%) 0.5 7 $0.60 Less C & D Credit -0.10 Total Monthly Fees Per Unit $6.56 $6.91 (C) Commercial Service (1) Commercial customers shall use mechanical container s or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of r efuse: (a) Rollout Carts. The City shall require any commercial customer nee ding more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners/operators of commercial establishments an d other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collect ion by the City or its contractor. (3) Mechanical containers emptied by mechanical means sh all be provided by the contractor. These containers shall be emptied on a schedule mutually ag reed upon by the customer and the City or its contractor, but not less than one day a week nor more than sev en days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and c ommercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule:
ORD. NO. 30-12 5 Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 4 4 .43 46.16 88.85 92.32 133.28 138.48 177.70 184.64 222.13 230.80 266.55 276.96 310.98 323.12 Disposal 24.35 24.35 48.71 48.70 73.06 73.05 97.41 97.40 121.77 121.75 146.12 146.10 170.47 170.45 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees 88.18 89.91 156.96 160.42 225.74 230.93 294.51 301.44 363.30 371.95 432.07 442.46 500.85 512.97 Franchise Fee (10%) 8.82 8.99 15.70 16.04 2 2 .5 7 23.09 29.45 30.14 36.33 37.20 43.21 44.25 50.09 51.30 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 97.35 99.25 173.01 176.81 248.66 254.37 324.31 331.93 399.98 409.50 475.63 487.06 551.29 564.62 3 Yard Collection 66.64 69.24 133.28 138.48 199.92 207.72 266.56 276.96 333.20 346.20 399.84 415.44 466.48 484.68 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 2 55.71 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees 124.61 127.21 227.78 232.98 330.95 338.75 434.12 444.52 537.29 550.29 640.46 656.06 743.63 761.83 Franchise Fee (10%) 12.46 12.72 22.78 23.30 33.10 33.88 43.41 44.45 53.73 55.03 64.05 65.61 74.36 76.18
ORD. NO. 30-12 6 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 137.42 140.28 250.91 256.63 364.40 372.98 477.88 489.32 591.37 605.67 704.86 722.02 818.34 838.36 4 Yard Collection 88.85 92.32 177.70 184.64 266.55 276.96 355.40 369.28 444.25 461.60 533.10 553.92 621.95 646.24 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees 159.77 163.24 297.32 304.26 434.88 445.29 572.44 586.32 709.99 727.34 847.55 868.37 985.11 1009.40 Franchise Fees (10%) 15.98 16.32 29.73 30.43 43.49 44.53 57.24 58.63 71.00 72.73 84.76 86.84 98.51 100.94 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 176.10 179.91 327.40 335.04 478.72 490.17 630.03 645.30 781.34 800.42 932.66 955.56 1083.97 1110.69 6 Yard Collection 133.28 138.47 266.56 276.94 399.84 415.41 533.12 553.88 666.40 692.35 799.68 830.82 932.96 969.29 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees 231.87 237.06 438.21 448.59 644.55 660.12 850.89 871.65 1057.23 1083.18 1263.57 1294.71 1469.91 1506.24 Franchise Fee (10%) 23.19 23.71 43.82 44.86 64.46 66.01 85.09 87.17 105.72 108.32 126.36 129.47 146.99 150.62
ORD. NO. 30-12 7 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 255.41 261.12 482.38 493.80 709.36 726.48 936.33 959.17 1163.30 1191.85 1390.28 1424.53 1617.25 1657.21 8 Yard Collection 177.70 184.63 355.40 369.26 533.10 553.89 710.80 738.52 888.50 923.15 1066.20 1107.78 1243.90 1292.41 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees 302.20 309.13 577.32 591.18 852.43 873.22 11 27.54 1155.26 1402.66 1437.31 1677.77 1719.35 1952.88 2001.39 Franchise Fee (10%) 30.22 30.91 57.73 59.12 85.24 87.32 112.75 115.53 140.27 143.73 167.78 171.94 195.29 200.14 Administrative Fee .35 .35 .35. .35 .35 .35 .35 Total Fees 332.77 340.39 635.40 650.65 938.02 960.89 1240.64 1271.14 1543.28 1581.39 1845.90 1891.64 2148.52 2201.88 Commercial Front-Load Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 55.51 57.68 111.02 115.36 166 .53 173.04 222.04 230.72 277.55 288.40 333.06 346.08 388.57 403.76 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 5 11.42 Total Contractor Fee 128.57 130.74 257.14 261.48 385.71 392.22 514.28 522.96 642.85 653.70 771.42 784.44 899.99 915.18 Franchise Fee (10%) 12.86 13.07 25.71 26.15 38.57 39.22 51.43 52.30 64.29 65.37 77.14 78.44 90.00 91.52
ORD. NO. 30-12 8 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 141.78 144.16 283.20 287.98 424.63 431.79 566.06 575.61 707.49 719.42 848.91 863.23 990.34 1007.05 3 Yard Collection 83.27 86.51 166.54 173.02 249.81 259.53 333.08 346.04 416.35 432.55 499.62 519.06 582.89 605.57 Disposal 109.59 219.18 328.77 438.36 547.95 657.54 767.13 Total Contractor Fee 192.86 196.10 385.72 392.20 578.58 588.30 771.44 784.40 964.30 980.50 1157.16 1176.60 1350.02 1372.70 Franchise Fee (10%) 19.29 19.61 38.57 39.22 57.86 58.83 77.14 78.44 96.43 98.05 115.72 117.66 135.00 137.27 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 212.50 216.06 424.64 431.77 636.79 647.48 848.93 863.19 1061.08 1078.90 1273.23 1294.61 1485.37 1510.32 4 Yard Collection 111.02 115.35 222.04 230.70 333.06 346.05 444.08 461.40 555.10 576.75 666.12 692.10 777.14 807.45 Disposal 146.12 292.24 438.36 584.48 730.60 876.72 1022.84 Total Contractor Fee 257.14 261.47 514.28 522.94 771.42 784.41 1028.56 1045.88 1285.70 1307.35 1542.84 1568.82 1799.98 1830.29 Franchise Fee (10%) 25.71 26.15 51.43 52.29 77.14 78.44 102.86 104.59 128.57 130.74 154.28 156.88 180.00 183.03 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 283.20 287.97 566.06 575.58 848.91 863.20 1131.77 1150.82 1414.62 1438.44 1697.47 1726.05 1980.33 2013.67 6 Yard Collection 166.53 173.03 333.06 346.06 499.59 519.09 666.12 692.12 832.65 865.15 999.18 1038.18 1165.71 1211.21 Disposal 219.18 438.36 657.54 876.72 1095.90 1315.0 8 1534.26 Total Contractor Fee 385.71 392.21 771.42 784.42 1157.13 1176.63 1542.84 1568.84 1928.55 1961.05 2314.26 2353.26 2699.97 2745.47 Franchise Fee (10%) 38.57 39.22 77.14 78.44 115.71 117.66 154.28 156.88 192.86 196.11 231.43 235.33 270.00 274.55 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 424.63 848.91 1273.19 1697.47 2121.76 2546.04 2970.32
ORD. NO. 30-12 9 431.78 863.21 1294.64 1726.07 2157.51 2588.94 3020.37 8 Yard Collection 222.04 230.70 444.08 461.40 666.12 692.10 888.16 922.80 1110.20 1153.50 1332.24 1384.20 1554.28 1614.90 Disposal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68 Total Contractor Fee 514.28 522.94 10 28.56 1045.88 1542.84 1568.82 2057.12 2091.76 2571.40 2614.70 3085.68 3137.64 3599.96 3660.58 Franchise Fee (10%) 51.43 52.29 102.86 104.59 154.28 156.88 205.71 209.18 257.14 261.47 308.57 313.76 360.00 366.06 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 566.06 575.58 1131.77 1150.82 1697.47 1726.05 2263.18 2301.29 2828.89 2876.52 3394.60 3451.75 3960.31 4026.99 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top roll-off container: Two hundred thirty dollars and twenty eight cents $2 30 .28 Two hundred thirty nine dollars and thirty-five cents $239.35 (Includes franchise fee for haul excludes disposal and franchise fee on disposa l) per pickup plus disposal cost and franchise fee Compactors: Two hundred thirty dollars and twenty eight cents $2 30 .28 Two hundred thirty nine dollars and thirty-five cents $239.35 (Includes franchise fee for haul excludes disposal a nd franchise fee on disposal) per pickup plus disposal cost and fra nchise fee PLUS monthly container maintenance fee 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/de molition debris.
ORD. NO. 30-12 10 Commercial 95-Gallon Cart Service (Does not apply to residential service) Pickups Per Week 1 2 3 4 5 6 Collection 25.59 26.60 51.18 53.20 76.77 79.80 102.36 106.40 127.95 133.00 153.54 159.60 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2 .00 Total Contractor Fees 33.67 34.68 65.34 67.36 97.01 100.04 128.68 132.72 160.35 165.40 192.02 198.08 Franchise Fee (10%) 3.37 3.47 6.53 6.74 9.7 0 10.00 12.87 13.27 16.04 16.54 19.20 19.81 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 37.39 38.50 72.22 74.45 107.06 110.39 141.90 146.34 176.74 182.29 211.57 218.24 NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee t o be effective October 1, 2012. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA.
ORD. NO. 30-12 11 Sidewalk Containers Waste Management currently picks up individual thirty -gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of one hun dred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the Ci ty is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Sol id Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsi bility of the City to reimburse them. The City will be billed eleven thousand forty-six doll ars and sixty-seven cents ($11,046.67) annually or $920.56 monthly in arrears which will be compu ted as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week Forty-two dollars ($42.00) per ton disposal rate charge by SWA = Two dollars eighty-one cents ($2.81) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers × .15 cubic yards × six (6) pickups per week × fifty-two (52) weeks × two dollars eighty-one cents ($2.81)= e leven thousand forty-six dollars and sixty-seven cents ($11,046.67) Waste Management will be picking up trash at the ne wly installed bus shelters. The City will be billed forty thousand eight dollars and twenty eight cents ($40,008.28) annually or $3334.02 per month in arre ars forty one thousand five hundred seventy two dollars an d forty four cents ($41,572.44) annually or $3,464.37 per month in arrears which will be computed as follows: $16.37 Rate per pick up X 47 Bus Shelters X 1 Servi ce Per week X 52 Weeks per Year= $40 ,008.28 forty thousand eight dollars and twenty eight cents . $17.01 Rate per pick up X 47 Bus Shelters X 1 Service Per week X 52 Weeks per Ye ar= $41,572.44 forty one thousand five hundred seventy two dollars and forty four cents. The Contractor shall be allowed to charge the Specia l Services rates, as set forth in Exhibit 1 of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City’s franchise fee shall be applied to these r ates. Section 2. That all ordinances or parts of ordinances in confl ict herewith be, and the same are hereby repealed.
ORD. NO. 30-12 12 Section 3. That should any section or provision of this ordina nce 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 remainde r hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 201 2. PASSED AND ADOPTED in regular session on second and final reading on this 20 th day of September, 2012. ______________________________ M A Y O R ATTEST: __________________________________ City Clerk First Reading _______________________ Second Reading _____________________