Loading...
06-04-96 Regular DELRAY BEACH FLORIDA - CITY COMMISSION REGULAR MEETING ~ CITY OF DELRAY BEACH, Ail-America City COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited t° three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. Regular Commission Meeting June 4, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: None 6. Proclamations: A. Recognizing and commending the Trinity Lutheran Tigers Girls Fast Pitch Softball Team for their undefeated 1996 season. 7. Presentations: A. Steven Reiskind, Magnum Publishing Inc. - "Delray Student and Parent" monthly magazine. 8. Consent Agenda: City Manager recommends approval. A. PALM BEACH COUNTY PRIVATE INDUSTRY CO.UNCIL'S "POSITIVE CONNECTIONS" SUMMER PROGRAM: Approve the Palm Beach County Private Industry Council's "Positive Connections" summer job program. B. LEASE AGREEMENT/BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, INC. Approve a lease agreement between the City and the Boys and Girls Clubs of Palm Beach County, Inc. for lease of the Catherine Strong Recreational Center at 600 S.W. 15th Avenue and the land described as Lease Area 5. C. AGREEMENT FOR WATERMAIN CONSTRUCTION/SEA AIRE ESTATES, INC.: Approve an agreement with Sea Aire Estates, Inc. authorizing the City to apply for a DOT work permit for watermain construc- tion within the right-of-way of State Road A-1-A south of Linton Blvd. D. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/CAMERON H. COBB: Approve a Right of Entry Easement Agreement and accept an easement deed from Cameron H. Cobb for -2- Regular Commission Meeting June 4, 1996 a 10 foot utility easement to permit the installation and maintenance of the Brandon Drive water main system. E. REMOVED F. CHANGE ORDER ~2 AND FINAL PAYMENT/GIANNETTI CONTRACTING CORPORATION: Approve Change Order #2 in the net deduct amount of $3,306.52 and request for final payment in the amount of $47,135.77 to Giannetti Contracting Corporation for completion of the Gulfstream Enclave project (provision of water and sewer for Lake Heights and Gulfstream Estates Phase II), with funding from ~442-5178-536-61.78. G. CHANGE ORDER ~5 AND FINAL PAYMENT/HARDRIVES OF DELRAY,..INC.: Approve Change Order ~5 in the net deduct amount of $22,926.09 and request for final payment in the amount of $43,649.80 to Hardrives of Delray, Inc. for completion of the S.W. 10th Street Phase II and S.W. 10th Avenue road reconstruction project, with funding from ~228-3162-541-61.90. H. RESOLUTION NOS. 45-96 & 46-96/ACQUISITION OF PROPERTIES UNDER HOPE 3 HOUSING PROGRAM: Approve Resolution No. 45-96 authori- zing the acquisition of property at 239 N.E. 9th Street and Resolution No. 46-96 authorizing the acquisition of property at 515 S.W. 5th Avenue to provide housing opportunities under the HOPE 3 Program. I. RESOLUTION NO. 43-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 24 S.W. llth Avenue. J. RESOLUTION NO. 44-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 40 S.W. 13th Avenue. K. OFFER OF JTJDGMENT/DELRAY EXECUTIVE MALL V. CITY: Reject an Offer of Judgment in the referenced case as recommended by the City Attorney. L. AUTHORIZATION TO APPEAL/KIRK COOK V. RICHARD BROCHU: Authorize the filing of an appeal in the referenced matter as recommended by the City Attorney. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board during the period May 20 through May 31, 1996. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Rinker Materials Corporation for Ready-Mix Concrete, in the estimated annual cost of $25,737.50 from 001-3113-541-53.90 and various Capital Projects Accounts. 2. Bid award to Sal's Sport Shop for the purchase of T-Shirts and backpacks for the summer camp program, in the amount 3 Regular Commission Meeting June 4, 1996 of $10,688.94 from 001-4106-572-52.22 and 115-0000-248- 15.00. 3. Bid award for pipe fittings and accessories to various vendors at an estimated annual cost of $91,534.64 from 441-5123-536-52.20 and 441-5141-536-52.20. 9. Regular Agenda: A. CONDITIONAL USE REQUEST/TLC CHRISTIAN ACADEMY: Consider a request for conditional use approval to establish a child care facility known as the T.L.C. Christian Academy at 328 N.W. 2nd Avenue. The subject property is zoned R-1-A (Single Family Residential) and contains 0.46 acres. QUASI-J~JDICIAL PROCEEDING B. CONDITIONAL USE REQUEST/SOUTH PALM BEACH COUNTy JEWISH FEDERA- TION: Consider a request for conditional use approval to establish a community center/social club for the South Palm Beach County Jewish Federation within the former PharMor bay at the east end of the Delray Square Phase II shopping center. The subject property is located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue, and is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING C. CONDITIONAL USE REQUEST/SOUTH COUNTY MATERIALS RECYCLING FACILITY: Consider a request for conditional use approval to establish a resource recovery facility on a 5.86 acre parcel of land on the east side of Congress Avenue, approximately 1,800 feet north of West Atlantic Avenue. The subject property is zoned MIC (Mixed Industrial and Commercial). QUASI-JUDICIAL PROCEEDING D. AMENDMENTS TO MANAGEMENT AGREEMENT AND LEASE AGREEMENT WITH OLD SCHOOL SQUARE, INC.: Consider Amendment No. 2 to the Manage- ment Agreement and Amendment No. 2 to the Lease Agreement between the City and Old School Square, Inc. E. REQUEST FROM AMERICAN LEGION POST #188 FOR ADDITIONAL USE OF LEASED PROPERTY: Consider a request from American Legion Post #188 to allow Churches Reaching Out to Society (CROS) Minis- tries to use the American Legion building located at 800 N.W. 2nd Street for the South Community Food Pantry Food Program. F. REMOVED G. PALM ACTS CONTRACT: Status report from the City Attorney. CONTRACT ADDITION (C.O. #3)/O'CONNOR & TAYLOR, INC.: Consider a contract addition (C.O. #3) in the amount of $364,772 with O'Connor & Taylor, Inc. for the Golf Course clubhouse expansion project, with funding from 445-4763-572-62.10. -4- Regular Commission Meeting June 4, 1996 I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (architect position) to the Code Enforcement Board for an unexpired term ending January 14, 1998. Commissioner Ellingsworth's appointment. J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four year term ending July 9, 2000. Commissioner Ellingsworth's appointment. K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending July 14, 2000. Recommendation by Commissioner Ellingsworth. L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to the Downtown Development Authority for three year terms ending July 1, 1999. Appointments by Commissioner Kiselewski and Commissioner Egan. M. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular members and one alternate member to the Civil Service Board for two year terms ending July 1, 1998. Appointments by Commis- sioner Egan, Commissioner Ellingsworth and Commissioner Randolph. 10. Public Hearings: A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. 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. 24-96: An ordinance amending LDR Section 2.2.6(B) (2) by enacting special qualifications for Historic Preservation Board membership pursuant to Florida Certified Local Government Guidelines. If passed, public hearing on June 18, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -5- CITY OF DELRAY BEACH~ FLORIDA - CITY CfN~4ISSION REGULAR MEETING..- JUNE 41 1996 - 6:00 P.M. COMMI$SI~ CHAMBERS AGENDA ~D~ ~D ~ 9.N. ~ ~ ~~ AG~ ~ ~S: ~~/~~ v. CI~, V. ~K v. CI~ ~ J. ~K V. CI~: ~nsider settl~ent ~ ~e referenced ~tter as rec~eD~ by ~e ~ At~ey. WHEREAS, Trinity Lutheran School participates in the Lutheran Gold Coast Athletic Conference and fields a Girls Fast Pitch Softball Team; and WHEREAS, this team, the "TI~ERS~, is comprised of seventh and eighth grade girls; and WHEREAS, under the guidance of Coach Steve Borg, Assistant Coach Ken Gregory and Manager Kim Preston, the Tigers went 8-0 in 1996 for an undefeated season; and WHEREAS, in achieving this undefeated season, the Trinity Tigers, their parents, friends and supporters demonstrated outstanding sportsmanship and representation not only for Trinity Lutheran School but for the City of Delray Beach as well. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend KRISTI ANDERSON (Outfield) KIRSTEN BOSSE (Shortshop) ASHLEY CARSON (Outfield) HEATHER FAILLACE (Outfield) KRISTA FINE (Catcher) MICHELLE GAYLORD (First Base) TARA GODFREY (Second Base) JACQUELINE GREGORY (Outfield) MAYA MANSIIKHANI (Outfield) PATRICIA RHODES (Outfield) KELLY ROWLAND (Third Base)and KELLY TERNENYI (Pitcher) for an outstanding no loss season, and congratulate the Trinity Tigers Girls Fast Pitch Softball Team on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of June, 1996. MAYOR JAY ALPERIN SEAL MEMOR_~NDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERial SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JUNE 4, 1996 PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S "POSITIVE CONNECTIONS" SUMMER PROGRAM DATE: MAY 31, 1996 This is before the Commission to approve the Palm Beach County Private Industry Council's "Positive Connections" Summer Youth Employment and Training Program to provide job opportunities for youth. The summer program's objective is to familiarize the young people with the job market, provide training and job seeking skills, provide employment within the City, and at the same time complete needed city-wide seasonal projects. The program will be in effect from June 24 through August 2, 1996. The work week is not to exceed 20 hours, at an hourly rate of $4.75 to be paid by the Council. The participants must be residents of Palm Beach County between the ages 14 through 21. The pre-screening and selection will be conducted by the Council. Placement within the City will be based on departmental request. Recommend approval of the Private Industry Council's "Positive Connections" summer program. MEMORANDUM TO: David T. Harden, City Manager FROM: Patsy Fox, Human Resources Assistant THRU: Edward J. Gusty, Human Resources Director SUBJECT: REQUEST FOR AGENDA APPROVAL OF THE PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S "POSITIVE CONNECTIONS" SUMMER PROGRAM DATE: May 20, 1996 The following recommendation is being made to approve the Palm Beach County Private Industry Council's "Positive Connections" summer program. Our City Attorney's Office, has reviewed the attached agreement and found it to be acceptable as to form and legal sufficiency. Program Objective: To provide job opportunities for youth which will familiarize them with the job market, provide training and job seeking skills, and to complete needed city wide seasonal projects. This program will provide meaningful employment experiences with a tangible outcome which will be beneficial to the City and to the participants. · Program duration - June 24, 1996 through August 2, 1996 · Participant ages: Between the ages of 14 and 21 · Work week: Not to exceed 20 hours per week · Hourly rate: $4.75, to be paid by the Private Industry Council · Residency: Palm Beach County residents only · Restrictions: Safety shoes if required. · Pre-screening and selection: Pre-screening and selection will be conducted by the Private Industry Council. · Recommended Funding: None · Eligibility requirements checked by the Private Industry Council: Current driver's license or picture I.D - Proof of family income or public assistance during the past six months - Proof of current address - Birth Certificate or alien registration cards for entire household - Social Security card for the entire household - Proof of wages - Proof of AFDC - "Proof of Food Stamps - Proof of SSI - Proof of Social Security Assistance - Proof of child support and/or alimony - If disabled, proof of disability status - In an offender, proof you were in prison any time during the past six months - If in school, report card or school record - If applicable, proof of draft registration. · Positions: We anticipate utilizing the participants in clerical, recreation, maintenance and other related positions. Placement within City departments will be based upon departmental requests. AGENPIC.DOC/pf [IT¥ OF DELRIIY BEI:I[H CITY ATTORNEY'S OFFICE ~'~' ~" ~ ~'~':*': ~ *~["~'¥ ~"~" ~'~'~' :~ ~A(:51~,~II ~ ~( 7/~ ;;~ 4 ~5~ Will's D~ L~e: (407) 243-7091 DELRAY BEACH All. Amedca Ci~ MEMO~NDUM ~ 993 TO: Patsy Fox, Hum~ Resources ~sist~t FROM: Bfi~ Shutt, Assist~t City Attorney SUBJECT: PIC Agreement I have reviewed the Agreemem between the City and PIC and find it acceptable as to legal form and sufficiency. Printed on Recycled Paper REVISED 5/08/96 EMPLOYER WORKSlTE AGREEMENT FOR WORK EXPERIENCE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM AGREEMENT NUMBER: Positive Connections !11 [] Next Step [] Youth Services [] Other This agreement is made for Work Experience Project under Title lib of the Job Training Partnership Act (the "Act") between the Palm Beach County Private Industry Council, Inc. (the "Private Industry Council") of 600 South Dixie Highway, West Palm Beach, Florida 33401, Phone Number (407) 659-5213, and 1. Employer: city of Delray Beach 100 Northwest 1st Avenue 2. Address: Delray Beach, Florida 33444 3. FEIN No.: 59-6000308 4. Description of Organization: Municipality I. TERM The term of this Agreement and the starting and ending dates of the work experience shall be from June 3, 1996 through August 30, 1996; provided that the Private Industry Council may earlier terminate this Agreement by so notifying the Employer in writing. EMPLOYER REPRESENTATIONS The Employer represents that (1) it is a private non-profit or public non-profit corporation and (2) is capable of providing Work Experience in accordance with the terms of this Agreement. SERVICES TO BE PROVIDED The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),, Work Plan (Attachment 2), Addendum for Changes and the Description of Worksites (Attachment 3), Inclement Weather Plan (Attachment 4), and Child Labor Laws (Attachment 5), Worksite Supervisor's Manual (Attachment 6) attached hereto and incorporated herein. The Employer will retain a copy of this Agreement at each worksite. A. Referral and Selection 1. The Private Industry Council shall refer to the Employer for each position, one or more individuals, JTPA certified as eligible for participation, if available, throughout the term of this Agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The Private Industry Council shall only refer Participants who are certified as JTPA eligible, between the ages of 14 to 21 and who meet the employer's referral criteria as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. B. Employment 1. Each Participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the Participant, and as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. 2. Employment shall be conducted at worksites designated on the attached Work Experience Job Order (Attachment 1), Work Plan (Attachment 2), and Addendum for Changes and Description of Worksites (Attachment 3). 3. Employers shall ensure that Participants are provided adequate equipment and supplies for their assigned work. 4. Youth participating in Youth Services shall be scheduled to work a specific maximum number of hours per week in accordance with the specific program restrictions and the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), and shall not be permitted to work in excess of the maximum number of hours allowed by law nor in excess of a total of five hundred (500) hours during the term of this Agreement. Some Participants may be required to work less time due to their concurrent enrollment in other Private Industry Council Programs. 2 5. All employment and training activities hereunder shall be conducted in accordance with the Statement of Assurances and Certifications set forth herein and with applicable law, includin9 Child Labor Laws (Attachment 5). C. Training 1. The Employer shall provide each Participant with meaningful, well- supervised job training consistent with the duties and responsibilities of the job position and designed to ensure successful attainment of entry level skills and work habits required of such positions or occupation as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work schedules, and break schedules. 3. The Employer agrees to allow for scheduling and/or release time for the participant to participate in PIC sponsored activities designed to provide employability skills, remediation, G.E.D., or occupational training. Hours at PIC sponsored activities shall not count toward the maximum 500 · hours allowed to the participant. D. Supervision 1. Employment and training hereunder shall be provided through the Employer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each Participant supervised, (3) determined by the Employer to be appropriate to supervise such Participants, and who have (4) successfully completed a Private Industry Council sponsored "Worksite Supervisor's Workshop/Orientation". The Employer shall provide to the PIC, prior to the Participant's first day on the job, a written list of qualified supervisors and back-up supervisors for each worksite. 2. The Private Industry Council will provide supervision (youth supervisors) at worksites that have more than ten (10) participants. The Employer will provide a supervisor for each worksite who will be responsible for assigning daily duties and signing and submission of timesheets. 3. The Private Industry Council shall make appropriate arrangements for the orientation and instruction of supervisors, utilizing the Worksite Supervisor's Manual (Attachment 6) to be provided by the Private Industry Council. Orientation may be conducted individually or at a "Worksite Supervisor's Workshop/Orientation". The orientation attendance of all designated supervisors shall be documented by means of a Sign-in Log maintained by PIC staff. Employers, the Employer's 3 Supervisors, and Participants shall be provided with a manual outlining the policies and procedures to be followed during the program. Receipt of the Worksite Supervisor's Manual by Supervisors and of the manual outlining the policies and procedures to be followed during the program by the Employers, Supervisors, and Participants shall be documented by signature of recipient upon written receipt maintained by PIg staff. 4. The Private Industry Council shall assign, and notify by written notice to the Participant and Employer, a Summer Youth Counselor to each Participant in a work experience employment position who shall be the liaison person between the Employer, Private Industry Council, and the Participant to handle any and all questions, arrangements, difficulties, or disciplinary actions regarding the Participant. 5. The Employer shall have the right to take disciplinary action, suspend, or disengage any Participant assigned under the terms of this Agreement in accordance with the regular written personnel policies and practices of the Employer. The.Employer must immediately notify the Private Industry Council Youth Counselor and follow up in writing of any termination and the reason for such termination. IV. COMPENSATION A. The Private Industry Council shall compensate each Participant at a rate of $ ~9~ /hour for hours worked during each two week pay period, upon receipt of proper documentation from the Employer as specified below. In no event shall JTPA funds be used to compensate a Participant for hours in excess of those contractually agreed. B. The Private Industry Council shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all Participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORD KEEPING A. The Employer shall keep accurate time and attendance records daily for each Participant, employing the Time and Attendance Record (included in the Worksite Supervisor's Manual - Attachment 6) provided by the Private Industry Council. At the end of each two week pay period, the Employer shall have the Supervisor and Participant sign and attest to the accuracy of such record and shall promptly submit it to the Private Industry Council via the Summer Youth Counselor. B. The Employer certifies that: (1) it will only record actual hours worked by Participant, (2) it will require each Participant to sign in and out daily, employing the Time and Attendance Record, ,and (3) it will not permit Participants to simultaneously sign in and sign out. C. No Time and Attendance Record shall be submitted by the Employer to the Private Industry Council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and the Employer shall bear full responsibility for payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state, or federal government. VII. ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for- profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to Participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. The Employer is required to notify the PIC, in writing, immediately if there is any change in the actual job activities which are different from the original job description. Such notification must be approved in writing by PIC. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work and the proficiency of the Participant. 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Participants. 4. Except as may otherwise be provided in this Agreement, all Participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. 5. Participants' activities under this Agreement shall be conducted in compliance with the Child Labor Provisions of the State of Florida, the Fair Labor Standards Act, and other applicable laws. 5 6. Employment under this Agreement shall not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. 7. No Participant shall be employed or job opening filled when any other individual is on layoff from the same or any substantially equivalent job or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a Participant under this Agreement. 8. No position under this Agreement shall infringe in any way upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this Agreement shall be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. · 11. The Employer shall afford Participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be employed in the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or as a place for religious worship. 13. Employers that employ Participants in Out-of-Doors type work shall provide the Private Industry Council with a written Inclement Weather Plan, (Attachment 4), which shall be submitted to the PIC for written approval prior to first scheduled program start date, and when approved shall be attached to and incorporated as part of this Agreement. 14. The Employer shall submit such information as may be required by the Private Industry Council and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement meet the special needs of disadvantaged, chronically unemployed, and Iow income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three (3) years from the date of termination of this Agreement. 6 16. The Worksite Employer shall conduct all activities under this Agreement in accordance with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 as amended, and the regulations promulgated under such Acts, with respect to the disabled and the limited English-speaking. 17. The Worksite Employer certifies that, in all activities in the performance of work done in connection with JTPA funding, its employees under this Agreement are not engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, and that all activities under this Agreement shall be provided in a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 and the regulations promulgated thereto. This Agreement shall be in compliance with the JTPA and any federal regulations thereto, and shall be subject to funding availability. This Agreement constitutes the entire Agreement and supersedes any and all prior oral and written agreements. IN WITNESS WHEREOF, the Private Industry Council and the Employer have caused this Agreement to be duly executed as of the last date set forth below. EMPLOYER PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL, INC. Authorized Signature David Wood, chair Type Name Title Witness Date Witness Date 7 Attachment 1 WORK EXPERIENCE JOB ORDER Instructions: One job order is needed for each position or job, for each site. To save time we suggest you complete all items that will remain constant, make as many copies as you need, and then finish those items that are variables on the copies. Worker's Compensation Code: This is a four (4) digit number assigned by your Worker's Compensation Carder for that position or job within your type of business. We need this number so that we pay the correct amount to our carrier for this coverage. GENERAL INFORMATION Employer Name: Type of Business: Main Address: Main Phone: Contact Person Name: Title: JOB SITE Address: Phone: Contact Person: Directions: JOB SPECIFIC Job T'~e: Worker's Compensation Code: No. of Openings: Days of Work: Hours of Work: Description of Job Duties: Specific Skills Needed To Do Job: (If this job requires work outdoors, please see Attachment #3 - IncJement Weather Plan.) Any special requirements or exclusions? (i.e. age, physical capabilities, mental capabilities, etc.): Completed by: Title: Signature: Date: K:\WOR O~FORMSY~/VEJ O BO R D "' Attachment 2 ADDENDUM Agreement Number: Type of Contract: Employer Name: Job Site Address: Job Site Phone: Job Site Contact Person: Title: Job Title: Worker's Compensation Code: No. of Openings: Days of Work: Hours of Work: Descdp.tion of Job Duties: Spedfic Skills Needed To Do Job: (If this job requires work outdoors, please see Attachment #3 - Inclement Weather Plan.) Any special requirements or exclusions") (i.e. age, physical capabilities, mental capabih~ies, etc.): ADDITIONAL COMMENTS: Completed by: Title: Approved by: Date: PIC Representative Approved by: Date: Employer K,:~WOR O~ORMS~AODEN OU M INCLEMENT WEATHER PLAN In the event that the job duties of the Participant require that the Participant perform those duties outside in a situation not protected from the weather, it is required that the Employer complete this INCLEMENT WEATHER PLAN to provide the Participant an environment which is protected from adverse weather conditions in which to perform those job duties. r"l NOT APPLICABLE: (All job duties are performed indoors.) o( [] APPLICABLE: (See following description of alternate indoorjob duties.) This cha~ summarizes ~e child labor laws of ~e S~te of ~o~da ~d the Federal Fair ~bor Standa~s Ac~ (F~A]. ~e s~c~cr provisions ~ denoted by an as~c~k*. MINORS 16 & 17 MINORS 14 & 15'~ Under 14 years old MAY NOT WORK SCHOOL e~o~da: May NOT wo~ during ~1 ~u~ units a ~orida: COMPU~ORY Musl atlend full-time unless a high ~h~l graduate A~ENDANCE high scSI ~uate. hol~ a GED, or is ¢nmll~ in a or holds an exemption f~ ~h~{ attendance. May ~l work during ~h~{ F~A: ~ay ~o~ ~k d~rin~ scSI ~urs. PERMITS R~O & F~A: Nm ~uif~. Prior m hi~ng, crop,yet must o~a{n ~ k~p a Copy of ~fof age for any employ~ u~r 18 yea~ old. TO WORK HOURS * ~o~: May wo~ up 1o ~ hou~ a ~k w~n ~h~l ' ~orida: May wo& 3 ~ a day when ~h~l is ~ul~ t~ following day. OF WORK ~ in ~io~ No mom ~ 8 h~ a Oy. May wo~ 15 ~n a w~k w~n ~1 is in ~ssi~. May work 8 houri on a ~ not a~ly du~ng ~lidays ~d sum~r v~n6on, day nol p~ing a ~l ~y. F~: No limilation~. F~A: When ~c~l is in ~exsion. ~ily maximum i~ ~ bour~ on ~ch~l day~. ~ ~ar~ non-sCSI ~ys: ~e~y ~imam ~s 18 hours. Ro~ · F~A: Du~n~ holi~ ~d summer v~li~ daily maximum is 8 hou~ ~ ~kly m~imum is ~ Eou~. OF HOUR~ w~ ~h~l is ~ul~ ~ ~xt ~y. ~ ~ ~ply following ~y. ~ng ~l~ys ~ summer v~ati~ may ~ until 9 p.m. du~n~ surest v~nti~s ~d ~li~ys. eFtA: W~k mu~l ~ ~ormed ~een 7 a.m. ond 7 p.m. F~wm June I F~A: NO Iimhm~o~. ~r Day ~y ~rk to 9 DAYS PER WEEK *R~: No mom ~ 6 ~utive ~ys ~ ~ w~k. F~A: No BREA KS '~: Mi~ most ~ given a ~ minu~ ~1 ~ if t~y wo~ ~ ~ · ~utiv~ ~. F~A: No lim~tatio~ AGRICUL~RE '~o~: Mino~ p~ci~tinB in f~wo~. ~t ~ ~it p~nu' fa~. m~ comply wi~ ~ ~me ~s~c~ions ~ in olher wo~. F~A: NO limitalion~. F~A: No employmen~ ~if~ed during sch~l hours. May ~.ork after sch~l in ~cu~tio~ ~ declared ~ in agriculture. 5ce Child ~r Bulletin 102. ~1~ & I ~ year ~ ~y ~ e~l~d on a farm ~,here minor ~ alto e~loyed. Not during ~c~l OCCUPA~ONS Divisi~ of Al~oiic ~g~ ~ T~. · in m ~ expl~ives .'~ting ~ m~ng ~ o~te t~lo~ over 20 · *In m ~und toxic su~. co~siv~ ~ ~ticid~ -*On my ~ffolding. ~fs ~ IMde~ a~ve 6 fee~ · *~mfighting · W~king,~li6~excavation · *EI~I work · O~ti~ of ~ven ~e~. metal-foxing, w~wo~ing. ~r p~u~ or ~is6ng machines. ~o6~: 14 ~ 15 ym o1~ my ~ wo~ in t~ ~cupations or u~ this ~uipment: · ~wer~ven m~hi~ · Wo~ in f~ or ~t c~le~ · Using ~1 or~gmble · Power~ven lau~ or ~ cl~ing machme~. · '~r-lo~r ~1~ of p~uc~ ~ employmem · Spray ~inting · O~tjng a motor vehicle · Any ~uf~u~ng · *Alligator wr~fling ~A: No minorx u~r 18 my ~ em~lo~d in: eMotor vehicle ~cu~tio~ ~ng ~c~t~an~. *~in~ mean slicers. Mte~ ~ch ne~. sperms, tleugAte~nl, ~ meat ~cking ~tio~. ~UR~ff~ ~M~A~ION$ A~LY. contact the U.S Dept. a[ ~r. Wage & Haut Division/or more in/ormt~n. EXCE~IONS ~: Min~ w~ ~k f~ ~ir ~nu in ~u~ti~ ~t d~l~ h~ous ~ exem~ from ~tr~ctions ~ h~n. Pages in the ~orida (Contact legisl~um. Newspa~r ~li~ ( I 0 y~ old). authoriti~ *Mien ~y age may ~ffo~ in ~te~inm~t p~u~ions mgisle~ with I~ ~ild ~ S~tion. ~o~da ~p~ment of for more ~ployment S~u~ty (m~ pi~u~. ~ ~ ~io. ~eling. p~togmphy. ~o~ino. ~s or ct~u~s). Mino~ who a~ enrolled m informlion} ~mlive ~tion pm~, ~ld ear,iota f~ ~h~l attache or waive~ of~ mst~ctions f~ a ~h~l su~nmendenl or ~A: Mi~rt e~lO~ by t~ir ~ntx in ~cu~tio~ not decIared ha~au~. Minort employed a~ aethers or pe~ormerx ~n leg~tmtate entertainment p~tio~. Minor~ e~lled in c~rati~ education pmRram~. Oeli~ o/new~paper.s PENALTI~ ~o6da: ~plo~ent of mi~ in viola6on of ~on~ ~ild ~r ~ws may ~ ~ up lo $2.5~ ~r offenne and/or ~ guihy of a ~con~ ~e mi~me~or. WORKERS' *~onda: If an inju~ mi~ is employed in violali~ of ~y provisions of Ihe child lair laws of Florida. an employe~ may ~ subject m up COMPENSATION to d~bie ~ c~sation ~i~ payabie u~t ~o6da Workers' Com~nsati~ PO~ING e~o~da: All employe~ of mi~ musl ~sl in a c~spicuous place on I~ pro,ny or pl~ of employmenL where ~ may ~ easily read. this REQUIREMENTS ~ster nmifying mino~ of ~ ~ild ~r For info~alion on s~te laws ~o6~ ~t of ~r ~d ~ploy~nt S~u~ty. ~ild ~r Section U~. Oe~me~ ~r. Wage & Ho~ Divbion 'J~ ~s lot a Wo~i~ R~d~' " I~ted in the tete~one di~cto~ u~er U ~. Gover~m. CITY OF DELRIIV BEII[H Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali. America City MEMORANDUM '1111: DATE: May 17, 1996 1993 TO: Robert A. Barcinski, Assistant City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Boys and Girls Club Lease Attached please fmd a copy of the Boys and Girls Club Lease. I know the goal was to have this Lease Agreement and the Head Start matter resolved so that the summer programs could begin. Since I will be out of the office the last two weeks in May, I wanted to make sure you had the latest approved agreement, so that if it needed to put it on a City Commission agenda prior to my return, you would have a copy. I spoke with Mary O'Connor who indicated that, due to the scheduling of her Board meetings, that she would appreciate it if we could put it on, even an unsigned agreement, if we have it worked out with Head Start. Thanks. Attachment bglse.sar CITY OF DELRI:I¥ BEIII:H CITY ATTORNEY'S OFFICE ,,,w FACSIMILE 407/278-4755 DFLRAY BEACH WRITER'S DIRECT LINE (407) 243-7091 1~14a~¢~ May 7, 1996 1993 Boys and Girls Club of Palm Beach County, Inc. 2247 Palm Beach Lakes Boulevard, Suite 212 West Palm Beach, FL 33409 Subject: Boys and Girls Club Lease of Lease Area 5 of the Catherine Strong Facili[y Dear Mary: Enclosed please f'md three originals of the Lease which incorporates the changes discussed with Joe Vassallo on May 6, 1996. The change requested by Mr. Vassallo was to eliminate former Paragraph 9.01. The new agreement does not include the old Paragraph 9.01, and various sections are renumbered. Please return all three originals to me once executed by the Boys and Girls Club of Palm Beach County, Inc. I will forward the executed Lease to the City Manager for inclusion in the agenda for an upcoming City Commission meeting. Sincerely, OFFICE OF THE CITY ATTORNEY CITY LRAY BEAC LORIDA By 2rtl'san A. Ruby, Esq. /" ) City Attorney ~ SAR:ci Attachment cc: David Harden, City Manager Robert A. Barcinski, Assistant City Manager Joe Weldon, Director of Parks and Recreation Joe Vassallo, Esq. oconnor&sar I / s.w. 3RD ST. SOUTH COUNTY , / It-- __~.w.,~T,H ~T.. FUL, SERV, CE ,2 " ~--~.-----IJ------~--' ,' $.W. "TH ST. SAFEWAY Ld SELF ~ i ~/~ DR S TORA gE ~ Z _ AUBUR z .~j .... %% TERR. SO. > // < ~ ' , CARVER ESTATES $ TORA GE L-- ~ ~ · . w. 8TI-J._..._ ~ ST. 0 COMMERCIAL Z CENTER \ ,~- I ,..,,, -,,- 'r'~"---'--;r.'~---z LOWSON BLVD. / S.W. lOTH ST. I I I N ~ STRONG CENTER PLANNINC DEPARTMENT CITY 0¢ DELRAY BEACH. FL -- OlGII'.4L ,¢~$£ MAP ,,,cY'~i"£M -- MAP REF: LM07O LEASE AGREEMENT BETWEEN - CITY OF DELRAY BEACH, FLORIDA THE BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. TABLE OF CONTENTS ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises 1 1.02 Parking 1 - 1.03 Length of Term and Commencement Date 1 ARTICLE H RENT 2.01 Annual Rent 2 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use 2 3.02 Conduct 2 3.03 Alterations by Lessee 3 3.04 Hazardous Substances 3 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee 4 4.02 Lessor's Right to Inspect and Repair 5 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibilities of Lessor and Lessee 5 ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor 6 6.02 Personal Property 6 6.03 Indemnification 6 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War 7 or Act of God TABLE OF CONTENTS ARTICLE VIII DEFAULT 8.01 Default by Lessee 7 8.02 Default by Lessor 8 ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant 8 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises 8 10.02 Holdover 9 ARTICLE )II MISCELLANEOUS 11.01 Notices and Consents 9 11.02 Severability 9 11.03 No Recording 9 11.04 Venue 10 11.05 Captions - Recitals 10 11.06 No Representations'- Entire Agreement 10 11.07 Time of the Essence 10 11.08 No Assignment or Subletting or 10 Licensing of Premises 11.9 Radon 11 11.10 Benefit and Binding Effect 11 Exhibit "A" Collectively referred to as the Premises Exhibit "B" Insurance Requirements LEASE AGREEMENT THIS LEASE is made and entered into this day of , 199__, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessor", and BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, INC., a not-for profit Florida corporation, hereinafter referred to - as "Lessee". WITNESSETH: WHEREAS, Lessor desires to lease the premises depicted in Exhibit A as Lease Area 5 to the Lessee to be used solely and exclusively for public park and recreational purposes or other public purposes, which may include educational purposes and all other purposes set forth in Lessees Charter, provided that there is no conflict with the purposes set forth herein and the deed from Palm Beach County to the City. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this LEASE is made upon the agreements, terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, the existing building and other improvements owned by the Lessor and comprising the Catherine Strong Recreational Center at 600 S.W. 15th Avenue, Delray Beach, Florida and the land described in Exhibit A, as Lease Area 5, attached hereto and by reference made a part hereof, referred to as the "Premises". Lessor hereby grants Lessee a non-exclusive easement across the property for ingress and egress to the Premises during the term of this Lease. 1.02 Parking Lessor hereby grants a non-exclusive easement to the parking lot located on Lot 18 for th'e Lessee, its agents, employees, guests, licensees and invitees, without cost. 1.03 Length of Term and Commencement Date The Term of this LEASE shall be for a period of twenty-five (25) years commencing on ,1996 (the "Commencement Date") and expiring on the __ day of ,2021 and shall be automatically renewed for five (5) successive five year periods, provided Lessee requests a five (5) year extension of time in writing from Lessor prior to the expiration of the existing Lease term or five (5) year renewal period. This LEASE shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this LEASE. - ARTICLE H 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this LEASE for the use and occupancy of the Premises is One ($1.00) Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption # . No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the LESSEE shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this LEASE. ARTICLE IH CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use Lessee shall use and occupy the Premises for the purpose of maintaining a recreational center and for providing recreational/educational programs and for other public purposes with attendant offices and meeting rooms necessary to provide recreational programs, and for no other purpose or use whatsoever, without the prior written consent of the Lessor. The Lessee is also bound by 501 C(3) purposes and charters. The Lessee shall not use the premises for any purpose that conflicts with the purposes set forth herein and in the deed from Palm Beach County to the City. Lessee may request that Lessor enter into "Use Agreements" for property located outside of Lease Area 5. The Lessor, in its sole discretion, may approve or deny such Use Agreements, however, the Lessor shall act in good faith in their consideration of such "Use Agreement" 'requests. 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees and the Premises shall throughout the Term of this LEASE be in full compliance with all Federal, 2 State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.319 inclusive, Florida Statutes, and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a recreational facility serving children and as otherwise pertain to Lessee's use of the Premises. 3.03 Alterations by Lessee Lessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the LEASE. Any installation, 'alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Lessee shall require the prior written consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the Term of this LEASE. In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I. Lessee, within thirty (30) days after notice from the Lessor, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the Premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Lessee and removable without defacing or injuring the Building or the Premises), shall become the property of Lessor at the termination of the LEASE Term. 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned baTardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee (a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's -responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof dr~in.~, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the Premises and located in the Premises. Throughout the Term of this LEASE, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. Lessee shall paint the building(s) at least once every five years, unless Lessor agrees that it is reasonable to delay the painting thereof. The exterior building color shall be approved in advance by the Lessor. Lessee shall maint~i-~ repair and/or replace if necessary all existing outdoor play structures including play equipment, basketball standards, backstops, etc. and any other such equipment which presently exists or is later installed by the the Lessee on the Premises during the Term of this LEASE and shall keep the aforesaid in the same condition as it existed at time of Lease, normal wear and tear expected.. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, play areas and parking lots on the Premises. Lessee shall be responsible for repair and replacement of fencing and for the maintenance of irrigation and landscaping on Lease Area 5. : (b) Lessor shall be responsible for perimeter fence maintenance/repair or replacement, for landscape and ground maintenance, and repair and replacement of the irrigation system located on the property that is situated outside of Lease Area 5. The Lessor shall be responsible for the repair and maintenance of the paved access road and parking area adjacent to the Premises. All other maintenance/repair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. (e) If the Lessor or Lessee shall fail to properly repair or maintain any item required to be repaired or maintained by Lessor or the Lessee under this LEASE or fails to perform or pay for services or utilities as required by this LEASE, witl~n thirty (30) days of notice from the other party of the need for such repair, maintenance, performance or payment, the Lessee or Lessor, may complete such repairs, perform the necessary maintenance, or provide or pay for services or utilities and Lessor or Lessee shall reimburse the other party for 4 all reasonable expenses incurred by Lessee or Lessor in doing so. If the Lessee fails to respond within thirty (30) days of notice from Lessor of the need for replacement of any item required to be replaced, by setting forth a reasonable schedule for replacement acceptable to Lessor, the Lessor at its sole discretion shall undertake the replacement thereof and the Lessee shall reimburse the Lessor for all expenses incurred by Lessor in doing so. 4.02 Lessor)s Right to Inspect and Repair The Lessor or the Lessor's agents shall have the right upon reasonable prior notice to the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by Lessor and from which it will be removed at the expense of Lessee. Lessee shall be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Lessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor During the entire Term of this LEASE or any renewal thereof, Lessee shall provide insurance as shown in Exhibit B. 6.02 Personal Property All of Lessee's personal property placed or moved in or on the Premises shall be at the r/sk of the Lessee or owner thereof. Except as othervdse provided herein, Lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this LEASE or any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees or agents. In the event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lessee against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessor in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor. 6 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God - In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the Term of this LEASE or any extension thereof, whereby the same shall be rendered untenantable, in whole or in part then the Lessor at its sole option may terminate the lease or may permit the Lessee to commence and complete replacement or restoration thereof with/n two years of the aforementioned event. In the event of any such casualty Lessee fails to complete restoration or replacement within the two year period, the Lessor may, in its sole discretion grant an extension of time or terminate the LEASE, and Lessor may complete the restoration or replacement and Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event Lessee or Lessor elects to terminate this LEASE, instead of permitting the Lessee to replace or restore the premises, both parties shall be relieved of all further obligations hereunder. The cancellation herein mentioned shall be evidenced in writing. ARTICLE VIII DEFAULT 8.01 Default by Lessee The occurrence of any one or more of the following shall constitute an Event of Default by Lessee under this LEASE: (i) Lessee shall fall to perform or observe any of the agreements, covenants or conditions contained in the LEASE on Lessee's part to be performed or observed and such failure shall continue for more than thirty (30) days after notice; (ii) Lessee shall vacate or abandon the Premises; or (iii) Lessee's leasehold estate shall be taken by execution, attachment or process of law. If any Event of Default Occurs, then, at any time thereafter while the Event of Default continues, Lessor shall have the right, at its own option, to either cure the default and Lessee shall reimburse Lessor for all expenses incurred by Lessor in doing so or may give Lessee notice that Lessor intends to terminate this LEASE upon a specified date no less than three (3) days after the date the notice is received by Lessee, and this LEASE shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this LEASE. If, however, the default is cured within the three (3) day period or the Lessee commences to cure the default within the three day period and thereafter diligently pursues such cure and the Lessor is so notified, this LEASE will continue, provided the cure is perfected within a reasonable time or within the time as may be provided by the Lease. 8.02 Default by Lessor Lessor shall be in default of this LEASE if Lessor shall fail to observe or perform any term, covenant or condition of this LEASE on the Lessors part to be observed or performed, and the Lessor shall fail to remedy same within thirty (30) days after notice from Lessee. In the event the default is of such nature that it cannot be reasonably cured within the _ foregoing thirty (30) day period, Lessor shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Lessor diligently proceeds with . the curing of the default. In the event that the default is not cured by Lessor within the foregoing time period, Lessee, at Lessee's option, may cure either said default and Lessor shall reimburse Lessee for all expenses incurred by Lessee in doing so, or Lessee may give to the Lessor a three (3) day notice specifying that the Lessee intends to terminate this LEASE. Upon receipt of said notice and expiration of the three (3) day time period, this LEASE and all obligations of Lessee hereunder shall terminate and Lessee shall thereupon be relieved of all further obligations hereunder. ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hindrance or interruption, subject to the Terms of this LEASE. ARTICLE X SURRE~E~ HOLDOVER I0.01 Surrender of Premises Upon expiration of the Term, the Lessee shall, subject to the provisions of Section 3.03 of this LEASE, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising fi:om Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, With or without the consent of Lessor, at the expiration of this LEASE, shall create a new tenancy fi:om month-to-month between Lessor and Lessee which shall be subject to all term~ and conditions hereof. This holding over shall not result in renewal or extension of this LEASE. ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents Any consents, approvals and permissions by the Lessor shall be effective and - valid only if in writing and.any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail, return receipt requested addressed: (a) if to the Lessor at: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 (b) if to the Lessee at: Boys and Girls Clubs of Palm Beach County, Inc. 2247 Palm Beach Lakes Boulevard Suite 212 West Palm Beach, FL 33409 with a copy to: Office of the City Attorney 200 N.W. 1 st Avenue Delray Beach, FL 33444 Or at such other addresses as the Lessor' or the Lessee;respectively, may designate in writing. 11.02 Severability If any term of this LEASE or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this LEASE, or the application of such term to persons or c/reumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this LEASE, shall be valid and enforceable to the fullest extent permitted by law. 11.03 No Recording Lessor and Lessee covenant, warrant and agree that neither this LEASE, nor any memorandum, provision or part hereof, shall be recorded in the public records of any 9 county of any state, including without limitation, the public land records of Palm Beach County, Florida. 11.04 Venue This LEASE shall be governed by and interpreted according to the laws of the - State of Florida. To the extent allowed by law, the venue for any action arising out of or from this LEASE shall be in Palm Beach County, Florida. 11.05 Captions - Recitals The captions in this LEASE are included for convenience only and shall not be taken into consideration in any construction or interpretations of this LEASE or any of its provisions. The Recitals contained on page one of the lease are hereby incorporated as if set forth fully herein. 11.06 No Representations - Entire Agreement This LEASE constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises.' All representations, either oral or written, shall be deemed to be merged into this LEASE. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this LEASE shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. 11.07 Time of the Essence Time is of the essence with respect to each provision of this LEASE which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall emend to 5:00 p.m. EST of the next business day. 11.08 No Assignment or Subletting or Licensing of Premises -' Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessor's sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use, in which case Lessor shall not unreasonably withhold its consent. 10 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional irrformation regarding radon and radon testing may be obtained from the public Health unit.. 11.10 Benefit and Binding Effect This LEASE shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this LEASE as of the date set forth below. ATTEST: LESSOR: CITY OF DELRAY BEACH By: City Clerk Mayor Approved as to form and legal sufficiency: City Attorney ATTEST: LESSEE: BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY,/NC. Deputy Clerk By: Approved as to form and legal sufficiency: County Attorney 11 , E×h4 h4 ~- "A" AREA AREA ! - -LEASE AREA 2 .EASE AREA ( LEASE AREA WEST ~/~ tOT LEASE AREA 4 CITY JIF DELRAV BEACH Writer's Direct Line: (407) 243-7090 DFLRA¥ BFACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attome~ SUBJECT: Aereement for Watermain Construction - Sea Aire Estates. Inc, The attached agreemem with Sea Aire Estates, Inc. is before you for your consideration. The agreement will authorize the City to apply for a Department of Transportation ("DOT") work permit for watermain construction within the right-of-way of State Road A-1-A south of Linton Boulevard. Sea Aire Estates, Inc. is performing construction activity on its property, and DOT requires the City to be the applicant for the work permit for the construction taking place within the right-of-way. In return for applying for the work permit, Sea Aire Estates will perform the construction and indemnify the City from any claims which may arise out of the construction. Approval is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Off~ce Dan Beatty, City Engineer seaaire.dnt Prff~ted ©,'~ Rec?cled Pap~r M~MOR. ANDUM TO: David Tolces Asst. City Attorney FROM: C. Danvers Beatty,'l~'~~ City Engineer DATE May 28, 1996 SUBJECT: AGREEMENT FOR WATERMAIN CONSTRUCTION SEA AIRE DEVELOPMENT Attached are two signed original copies of the agreement for watermain construction. This agreement allows the City to act as permittee for the developer on utility work within F.D.O.T. right-of-way. Please process the agreement for execution. DB:mm File: TAC S: TAC\SEAAIREkAGREEWM.DOC AGREEMENT FOR CONSTRUCTION OF WATER MAIN FOR SEA AIRE ESTATES DEVELOPMENT THIS AGREEMENT, made and entered into this day of , 1996, by and between SEA AIRE ESTATES, INC., a Florida corporation, ("SEA AIRE") and the CITY OF DELRAY BEACH, a Florida municipal corporation ("CITY"). WITNESSETH: WHEREAS, SEA AIRE is presemly constructing the Sea Aire Estates Development in the City of Delray Beach located on State Road A-1-A just south of Linton Boulevard; and WHEREAS, as part of the construction, SEA AIRE is installing an six inch (6") water line; and WHEREAS, in order to connect to the existing City water main, SEA AIRE must perform construction activity within the State of Florida Department of Transportation (D.O.T.) right-of-way for State Road A-l-A; and WHEREAS, D.O.T. requires the CITY to be the named permit applicant for the construction, and the parties wish to set forth their agreement with respect to the application for a D.O.T utility permit for the connection of SEA AIRE'S water line to the CITY'S water main. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and SEA AIRE do hereby agree as follows: 1. In conjunction with the construction of Sea Aire Estates, the CITY agrees to be the named applicant for the D.O.T. work permit for the installation of a water main as indicated in the plans attached hereto as Exhibit "A". 2. SEA AIRE agrees to pay directly to D.O.T. costs attributable to the permit application, and all construction costs associated with the water main connection. 3. SEA AIRE agrees to perform all construction associated with the water main construction. 4. The CITY shall be responsible for, and agrees to provide or cause to be performed, all inspection services during construction of the water main and final certification for the system. 5. In consideration of the payment of Ten Dollars ($10.00) receipt of which is hereby acknowledged, SEA AIRE hereby agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any claims, losses, injuries or damages, received or sustained by any person or persons during or on account of any operations with the construction of the utility improvements on; or by or in consequence of any negligence, in connection with the same; or by or on account of any use of any improper materials; or by or on account of any act or omission of any contractor, subcontractors, their agents, servants or employees, except for any loss or damage arising from any negligent or intentional act or omission of the CITY, its officers, agents, or employees. SEA AIRE shall defend, indemnify and save harmless the CITY, its officers, 2 agents and employees, against any liability arising from or based upon the violation of any Federal, State, County or City laws, permits, by-laws, ordinances or regulations by the contractor, subcontractors, agents, servants, or employees. SEA AIRE shall defend at its own expense or shall provide for such defense, at the CITY'S option, against any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement whether the cbnstmction operations be performed by the contractor, subcontractor or by anyone directly or indirectly employed by either, except for any loss or damage arising from any negligent or intentional act or omission of the CITY, its officers, agents, or employees. The indemnification shall include all costs and fees, including attorney's fees, and costs, at trial and appellate levels. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Any notice required to be given hereunder shall be given by personal delivery, by registered mail, or by registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. ..- CITY: Delray Beach City Engineer 434 S. Swinton Avenue Delray Beach, Florida 33~.4~. Telephone: 561-243-7341 SEA AIRE: Sea Aire Estates, Inc. Richard D. Gertz, Trustee 5231 N.E. 32nd Avenue Fort Lauderdale, Florida 33308 Telephone: 954-776-6446 3 8. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. This Agreement shall be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. IN WITNESS WHEREOF, CITY and SEA AIRE have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the first date written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney WITNESS #1: SEA AIRE ESTATES (Print or Type Name) (Print or Type Name, Title) (SEAL) WITNESS if2: ~r~t or T~e N~e) STATE OF ~O~A COUNTY OF P~M BEACH The forego~g ~ent was ac~owledged ~fore me ~is [-(~ day of ~{P~ , 1996 by of o~cer or agen0 of ~ A[~e- ~5~Tc-~ ~ , a Florida 4 corporation, behalf of the corporation. He/She is(15erso~_~lly known to me or has produced on as identification. Signature of Notary Public-- State of Florida seaaire.agt = : ~ Comm. Expires I " 5 ~ ~ · ~ , - ,,?' , , , ... ~l t ',I ~i''~1 '" ~~~~~ i~,~ ,~--.--~ ~-I-I SEA A~RE ESTATES ~1 / III I:ITY OF DELRIIY BEAgH Writer's Direct Line: (407) 243-7090 DELRAY BEACH AIl.~m~ca City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Acceptance of Easement Deed from Cameron H. Cobb and Approval of Right of Entry_ Agreement - Brandon Drive Water Main Installation Attached for Commission review and acceptance is an Easement Deed from Cameron H. Cobb. The Easement Deed grants to the City a 10' x 195' rectangular strip along the west side of Mr. Cobb's property. The City will be installing a water main within the easement. Acceptance of the Easement Deed is recommended. In conjunction with the Easement Deed is the Right of Entry Agreement for watermain construction. The City, in the agreement, agrees to install the watermain system within the easement, and return the property to its pre-construction condition. The City will also be permitted to enter into the area to perform maintenance activities. Approval of the agreement is also recommended. Please call if you have any questions. DNT:smk Attachments cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Dan Beatty, City Engineer Matt Rier, Chief Design Engineer cobb.dnt Prznted on R~cy'cled P,~per RIGHT OF ENTRY EASEMENT AGREEMENT FOR WATER MAIN CONSTRUCTION - BRANDON DRIVE THIS AGREEMENT is made and entered into this ~ day of , 1996, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and CAMERON H. COBB, a single person, (hereinafter referred to as OWNER). WITNESSETH: WHEREAS, OWNER presently owns property located in the City of Delray Beach, Florida, and which is more particularly described on Exhibit "A"; and WHEREAS, the CITY desires to modify and improve the water main facilities in accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray Beach, Florida; and WHEREAS, the CITY has determined that the water main construction and the acquisition of an easement for construction and maintenance purposes on OWNER'S property, as depicted in Exhibit "C", is necessary for the maintenance of a water system within the CITY; and WHEREAS, the parties desire to enter into this Agreement to legally bind each other to the terms hereof. NOW, THEREFORE, and in consideration of the sum.-of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows: 1. ~. The foregoing recitals are tree and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby made a part hereof. 2. Easement Deed. In consideration for the payment of One Dollar ($1.00), and subject to the terms and conditions contained in the Agreement, the OWNER will convey upon the execution of this Agreement to CITY, an Easement Deed for OWNER'S property herein described (see Exhibit "C"), for the purpose of construction and maintenance of the water main. The Easement Deed shall allow for perpetual maintenance by the CITY, including the right to enter upon and perform various construction tasks on the following described property: That portion of property indicated on Exhibit "C" 3. Installation. The CITY agrees to install the subject water main system and appurtenances in a generally acceptable manner within the easement dedicated by the OWNER. Such installation will be designed by CITY in a manner as to protect the interest of the OWNER, and the facilities installed will continue within the dedicated easement until they exit the property. As part of this installation, City agrees to provide Owner with four water service "Stub-Outs" to service the property described in Exhibit "A". The CITY will return all existing features on OWNER'S land, including vegetation, to equal to or better than the condition prior to the installation of the facilities. 4. Working Schedule. The CITY agrees to coordinate the working schedule of this construction project with OWNER so as to minimize any impact to the OWNER. 5. Maintenance. CITY will maintain the subject water main system in a reasonable condition and should CITY find it necessary to conduct repair activities on the water main system within the easement, CITY will return all disturbed areas to equal to or better than condition prior to the action. 6. Notices. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addressees to: OWNER: Cameron H. Cobb 4880 Lincoln Boulevard Delray Beach, Florida 33445 CITY: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33~.44 2 8. Entire A~eement. This Agreement, along with the Easement Deed, constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to said agreements must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and two (2) counterparts, each constituting an original, upon the terms and conditions~ ~ted on the date first set forth above. (Print or Type (Print or Type Same) State of Florida County of /,~n~n, The foregoing instrument was acknowledged before._, me this lq day of  1996 by CAMERON H. COBB. He is personally knoWn to me or has produced /~n¥~ ~ ~ ~e~¢~... (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 3 CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney cobbease.agt 4 EXHIBIT " A' Easterly 225.40 feet of the North 300 feet of the South 330 feet of the Southeast 1/4 of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida. EXHIBIT "B" .., ~, ~ ~ :,~.~ .%._ Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 THIS INDENTURE, made this _~L~ay of ~'~ , 1996, by and between CAMERON H. COBB, a single person, whose address is 4880 Lincoln Road, Delray Beach, Flodda 33445, party of the first part, and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Flodda 33444, a mur~icipal corporation in Palm Beach County, State of Florida, party of the second part: WlTNE$$ETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free dght, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Attached Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completidn of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or be'~ier will;out e;~p~nse Io the pfopert~ owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good dght and lawful authority to grant the above- described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. _ EIOIlBI? 'C' IN WITNESS WHEREOF, the party to this Easement Deed sets his hand and seal the day ~.~r first above written. WITNESS #1:// /~~ PARTY OF THE FIRST PART CAMEI:)ON H. COBB (name printed or typed) WJ.TN ESS #2: (name printed or typ~;dt State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this //'~ day of  1996 by CAMERON H. COBB. He is personally known to me or has produced /~-~,~ ~.~ /x~w~ (type of identifica~.'a~identification and did (did not) take an oath. Signature of Nota ~~tate of Florida Print, Type or Stamp Nam~ of Notary Public l OFFICIAL, NOT^RY sEAl; L£1: sHAPIRO co~,M,ss,o..o, ccs'2s~' / COBBDEED.AOT '-'% ~ DE$C~ I PT ~ ON. '"~ . ~_~ i..~, THAT PART OF SEOTION 12~ TOWNSHIP 46 SOUTH, ~.T ~',4 ~ ,"J RANGE 42 EAST, PALH BEACH COUNTY, FLORIDA, ,. DESCI:IIBED AS FOLLOWSt t'..~ ('~ t~,~ ~, '" -- ~' '~ BLOCK 3, W I NDWARD PALHS, A8 hEei~#DED '1N PLAT ~ I~ ,~ BOOK 24, PAGE 23, OF THE PUBLIC RECORDt~ OF %-'~r ~ %\~ ,:4 ~ ~'F PALM BEACH COUNTY, FLORI§~I T~CE %~ -" ~, .Q ~. ~ '~ N,O~)I?'IO"W., ALONG THE NORTHERLY EXTENSION . . --~ OI~ THE EAST LINE OF '§Ali) LOT 3~ AND ALONG ".; f" THE .EAST LINE OF LOT I~, BLOCk 2 OF SAID ..%. ~ ,,,.~ ~ PLAT WINDWARD PALiI~, 1~8.00 FEET TO THt: - ; .O.T.EA.T O0..E. OF' ~AIb LoT ~, BLOCk 2~ .""~ i-. '3 .~ ~ ~ THENCE N."OOOO'OD"E., ALO,G T.E EASTE"LY " ~ EXTENSION 01" THE NO#TH LINE Ok BAlD LOT 15, -x h5 ~' ~x BLOOK 2, 10.00 FEETI THENCE s.oo 17' lO"E., ..~ -' -, - ' ALONG A LINE 10.00 It=EET EAST OF AND*~,AkALLEL ~" ~ '~ ~* ~-~ WtTH THE ~IAID EAST LiNE OF Lot. 15, BLOCK 2, "~" % % % " t95 O0 PEETt THENC~ N.906Oo'OO"W 10.00 -% x ~'~ ~ ..,:~ FEET TO THE SAID POINT OF BI=GINHtNG. 33483 MEMOI~tND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~7/b~'/ SUBJECT: AGENDA ITEM # ~F' - MEETING OF JUNE 4, 1996 CHANGE ORDER #2 AND FINAL PAYMENT/GIANNETTI CONTRACTING CORPORAT I ON DATE: MAY 31, 1996 This is before the Commission to approve Change Order No. 2 in the net deduct amount of $3,306.52 and request for final payment in the amount of $47,135.77 to Giannetti Construction, for completion of the Gulfstream Enclave project; Lake Heights and Gulfstream Estates Phase II Recommend approval of Change Order No. 2 and Final Payment to Giannetti Contracting Corporation, with funding from Water Distribution Improvements (Account No. 442-5178-536-61.78). Agenda Item No. ~r AGENDA REOUEST Date= May 30, 1996 Request to be placed on= Regular Agenda Special Agenda X Workshop Agenda When= June 4, 1996 Description of item (who, what, where, how much)= Staff request City Commission to approve Change Order %2. Final to Giannetti Contracting Corporation for Provision of Water and Sewer for the Former Enclave Areas for Lake Heights and Gulfstream Estates Phase II Project 92-08. The Change Order accounts for the final as-builts measured quantity adjustments as compared to the original Contract. Schedule WA" attached to the Change Order specifically references these adjustments. The amount of Change Order #2, Final is a net deduct of $3,306.52. Approval is also requested for final payment to Giannetti Contracting Corporation in the amount of $47,135.77 for the project. A Contractor Evaluation is also attached for your review. ORDIN~NCE/RESOLUTIONREQUIRED:YE~RAFTATTACHEDY~ Recommendation: Staff requests City Commission to ap~~e Order No. 2, Final to Giannetti Contracting Corporation. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): Funding available~O Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO Coordinator Review: --./j).~ ., Agenda 'Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divi~i Date: May 30, 1996 Re: Change Order No. 2, Final - Provision of Water and Sewer for the Former Enclave Areas for Lake Heights and Gulfstream Estates Phase II - Project 92-02 Attached for Commission approval is an agenda request for Change Order #2, Final to Giannetti Contracting Corporation for the above referenced project. The Change Order accounts for the final as-built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #2, Final is a net deduct of $3,306.52. Approval is also requested for final payment to Giannetti Contracting Corporaton in the amount of $47,135.77 for this project. A Contractor Evaluation is also attached for your review. CC: Dan Beatty, City Engineer File: Memo to City Manager 9202D 9202memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #2,FINAL PROJECT NO. 92-02 DATE: PROJECT TITLE: provision of Water and Sewer for the Former Enclave Areas for Lake Heights and Gulfstream Estates Phase II TO CONTRACTOR: ~iannetti Contracting Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 890,009.80 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 52,931.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 942,940.80 COST OF CONSTRUCTION CHANGES THIS ORDER ($ - 3,306.52) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 939,634.28 PER CENT DECREASE THIS CHANGE ORDER -0.37% TOTAL PER CENT INCREASE TO DATE +5.6% CERTIFIED STATEMENT: I hereby certify that the supporting cost data · included is, in my considered opinion, accurate. GIANNETTI CONTRACTING CORPORATION (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By William H. Greenwood, Director Jay A1Derin, Mayor of Environmental Services ATTEST: APPROVED: ~y: City Attorney City Clerk GIANNETTI CONTRACTING CORPORATION 4371 N.W. 19 AVENUE POMPANO BEACH, FL 33064 (305) 978-0211 ARCHITECT'S PROJECT NO9208.1 PROJECT: ENCLVS-GLFSTRMILK HGHT TO: ENVIRONMENTAL SERVICES DEPARTMENT APPLICATION NO: 00009 & FINAL 434 S. SWINTON AVE. DELRAY BEACH, FL 33444 PERIOD TO: MAY 14, 1996 ATTN: R. HOWARD WIGHT CHANGE ORDERS APPROVED IN THIS PERIOD Application is made for Payment as shown below. The present status of the account NO. DATE ADDITIONS DEDUCTIONS for this Contract is as follows: ORIGINAL CONTRACT SUM $890,009.80 NET CHANGE BY CHANGE ORDERS 49,624.48 CONTRACT SUM TO DATE 939,634.28 TOTAL COMPLETED & STORED TO DATE 939,634.28 RETAINAGE: INSPECTOR'S OVERTIME 0.00 2% OF COMPLETED WORK 0.00 w% OF STORED MATERIALS 0.00 TOTAL RETAINAGE 0.00 TOTAL EARNED LESS RETAINAGE 939,634.28 TOTAL PREVIOUS AMOUNTS CERTIFIED 892,498.52 CURRENT PAYMENT DUE 47,135.76 BALANCE TO FINISH PLUS RETAINAGE 0.00 AMOUNT CERTIFIED $47,135.76 DA TE: J~"-/' ~,/~ '~ DA TE: NOTARY [ Ou~..IAL NOTARy SEAL ! Ltl. U~ H SLWKA [Nor,~a~ ~J~uc sr^~ CF Ft.ORrD^J / ~St,~ON NO. CC,~gl J MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~' SUBJECT:AGENDA ITEM # ~.~o - MEETING OF JUNE 4, ~996 CHANGE ORDER NO. 5 AND FINAL PAYMENT/HARDRIVES OF DELRAY, INC. DATE: MAY 31, 1996 This is before the Commission to approve Change Order No. 5 in the net deduct amount of $22,926.09 and request for final payment in the amount of $43,649.80 to Hardrives of Delray, Inc. for completion of S.W. 10th Street Phase II and S.W. 10th Avenue road reconstruction. Recommend approval of Change Order No. 5 and Final Payment to Hardrives of Delray, Inc., with funding from S.W. 10th Street (Account No. 228-3162-541-61.90). Agenda Item No. ~ AGENDA REOUEST Date= May 30, 1996 Request to be placed on= __ Regular Agenda Special Agenda X Workshop Agenda When: June 4, 1996 Description of item (who, what, where, how much)= Staff request City Commission to approve Change Order #5, Final to Hardrives of Delray, Inc. for S.W. 10th Street Phase II & S.W. 10th Avenue-Road Reconstruction Project 94- 84. The Change Order accounts for the final as-builts measured quantity adjusfments as compared to the original Contract. Schedule ~A" attached to the Change Order specifically references these adjustments. The amount of Change Order #5, Final is a net deduct of $22,926.09. Approval is also requested for final payment to Hardrives of Delray, Inc. in the amount of $43,649.80 for the project. A Contractor Evaluation is also attached for your review. Recommendation: Staff requests City Commission to approve, Change Order No. 5, Final to Hardrives of Delray, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (~red on all items involving expenditure of funds): Funding available~.~.~O Funding alternatives (if applicable) Account No. & Description~- ~1~2 ~1.~/-$0 3~ I0~ ~ Account Balance ~ q~. ~.$~ /~ City Manager Review: y~/N0 ~t~ / Approved for agenda: Hold Until: ' L~ Agenda Coordinator Review: ~ ~~-~'~ ~ ~ ~ Received: ~it~/~ ~ /~., ,~ ~ Placed on Agenda: . Action: Approved/Disapproved CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #5,FINAL POJECT NO. 94-84 DATE: PROJECT TITLE: $.W. 10th Street - Phase II & S.W. 10th Avenue TO CONTRACTOR: Hardrives of Delray. Incorporated YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule ~A" ~UMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,467,078.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 173,577.90 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,640,655.90 COST OF CONSTRUCTION CHANGES THIS ORDER ($ -22,926.09) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,617,729.81 PER CENT DECREASE THIS CHANGE ORDER -1.6% TOTAL PER CENT INCREASE TO DATE +10.3% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. HARDRIVES OF DELRAY, INCORPORATED (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: B~ William H. Greenwood, Director Jay Alperin, Mayor of Environmental Services ATTEST: APPROVED. By: City Attorney City Clerk Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction~on Date: May 30, 1996 Re: Change Order No. 5, Final - S.W 10th Street Phase II & S.W. 10th Avenue - Project 94-84 Attached for Commission approval is an agenda request for Change Order #5, Final to Hardrives of Delray, Inc. for the above referenced project. The Change Order accounts for the final as- built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #5, Final is a net deduct of $22,926.09. Approval is also requested for final payment to Hardrives of Delray, Inc. in the amount of $43,649.80 for this project. A Contractor Evaluation is also attached for your review. CC: Dan Beatty, City Engineer File: Memo to City Manager 9484D 9484memo ~Y~9-gG 1~:33 ~RO~: ID: ~GE 4 · MA¥~29-gB 14=34 FNOM: ID: PAG£ ~ 434 ~. ~ &~ " ~, mu~:~. ~ ~:t4,1~ m.,:tm mo. 5/23/96 ~ ~ m ....................... ~ 46~ 0~8 O0 ~~,~~ .......... ..... ..... .- 150,65~,8~ ~ ~ ~ ............................. ~,6~7,728.8~ ~ ~ ~ ~ ~ ~ ~ ................ 3,617,~29.83 ,~~~ ................ 0.00 ~~~ ............. - ~~ ................ ... ...., , ...,. ... ~ ~ ~ ~ ..................... ~,637,729.81 ~, . o.oo - o.oo ~ ~ ~m ~~ ................ 4,574,080.01 ~ mm~~.. .................. .... . ... .. 43,649.80 ~, ~ ~ ~ ~ ~ ................. O. O0 ~50~653.83. 5/23/96 DIIL~O: ])ate: ............................ ~:xped~t~on MEMORANDUM To: David Harden, City Manager Thru: Lula Bulter, Community Improvement Director~ From: Dorothy Ellington, Community Development Coordinator ~ ~ Date: May 29, 1996 Subject: HOPE3 Acquisition/239 N.E. 9th Street and 515 S.W. 5th Avenue ITEM BEFORE THE COMMISSION This is to request approval to acquire two single family housing units under the HOPE 3 Program. The 239 N.E. 9th St. unit will be purchased at a cost of $54,000. The unit located at 515 S.W. 5th Ave. will be purchased for $30,150.00. These properties are to be purchased under the HOPE 3 Program for rehabilitation and resale to income eligible buyers. BACKGROUND The City in partnership with the Palm Beach County Housing Parmership has participated in the HUD-funded HOPE 3 Program since being awarded a Grant of $430,000 in March 1994. We purchased our first property in December 1984 and since then we have purchased four additional units, two of which have been sold. These properties are located within various neighborhoods thoughout the City, often having been boarded-up while waiting for HUD to dispose of them. Once we acquire the property, we will rehabilitate them and sell them at appraised value to a qualified low/moderate income home buyer. When the properties are sold, sales proceeds will be revolved to provide for additional homeowner opportunities. We expect to purchase four additional units with our initial HOPE 3 Grant funds while more than 30 families are expected to benefit from these investments. RECOMMENDATION Staff recommends approval of this request, authorizing the closing on the property as listed above. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: May 29~ 1996 Regular Agenda Special Agenda Workshop Agenda xx Consent Agenda When: 3une 11, 1996 · Description of item (who, what, where, how much): This is to request approval to acquire two single family housing units under the HOPE3 Program. The Resolution to purchase the units is being handled by the City Attorney's Office. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED:~YES~NO Draft Attached: YES/NO Recommendation: Staff reccommends approval of this request, authorizing the closin~ on the properties as listed above. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature C/, /) City Attorney Review/ Recommendati6n (if applicable): Budget Director Review ( required on all items involving expenditure of funds): Funding available :(~NO Funding alternatives: f ( if applicabl.e) Account No. & Description: Account Balance: ~ %~ ~ City Manager Review: ~_~ Approved for agenda: ~?/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved RESOL~ION NO. 45-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE SALES CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SAT.w. AND PURCHASE BETWEEN THE Sw3.LW.R AND THE CITY OF DWI,RAY BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC WHEREAS, the City of Delray Beach, Florida, in partnership with the Palm Beach County Housing Partnership, Inc., wishes to acquire certain property located at 239 N.E. 9th Street, Delray Beach, Florida, to provide home ownership opportunities for low to moderate income home buyers under the HOPE 3 Housing Program; and WHEBFAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C(]4MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S. Department of Housing and Urban Development, as Seller, land to provide for home ownership opportunities for iow to moderate income home buyers under the HOPE 3 Housing Program, for the purchase price of Fifty-Four Thousand and 00/100 Dollars ($54,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 26, Block 9 of the Plat of DELL PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Page 56 (located at 239 N.E. 9th Street, Delray Beach, Florida). Section 2. That the Palm Beach County Housing Partnership, Inc. is hereby authorized to close on the subject property, with the City of Delray Beach, Florida, accepting title to the subject property. Section 3. That the terms and conditions contained in the Sales Contract, U.S. Department of Housing and Urban Development, and addenda thereto between Purchaser and Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 4th day of June, 1996. C~ity Clerk/ .. ¢i ~a%., t U.S. 'Deparlrnenl of Housing and Urban Develepme~t Office of Housing ,pedy Disposition Program Feder:tl i-tanning Gommlssi,mer OMB Apl)n,v.ll NO 2502 0306 ~,xp 9/20/95) i. l(Wc)._ HouG~ng Par~ner~h~_~, .............................................. ,, (Purchaser(x)) agree h, purch:u;c, m thc lcrmx scl I',. th hcrum, iht I'~ d h ~w mg pr, q~crly, .,:; m~ .'c p;ul ,~ ,~1 ,u'~ y 092-450324 dcscril~d ia thc dccd conveying ibc pr~ q~crly Io Ibc Sccrclary ,d' H, taxing an, I I h'han [)cvul~ q.ucm {~tre8l n~b~. s~r~el name, unil number, ~[ applicable, aly, ~unly, 2. Thc Sccrclary of il.using and Urban Dcvclopm~nl (Seller) a~rucx m xcll Ibc pr. perry a~ lhu price ami Icrmx scl forlh hc~c a dccd 3. Tbcagrccdpurchas~prlccofthcpropcr[yi~ .................................................................................................. f J. ~ q~w~.~o Purch~crh~paid$ ~00,00 a~c~flcstmoncytobcapplicdonlhcpurchascpricc, anda~ccs .- ~ ~ .. ~ mpay~h~b~an¢~f~h~ur~h~p~ice~us~minus~ra~i~n~a~h¢~in~f~sing~in~ash~Sc~¢~, p~ 'U~ ~~, ~rn~slmonoyd~positshallb~hcldby ~, { ' ~/I.,a~ ~* _ 4. ~ P~ch~risapplyingforHUD/FHAinsurodfinancingwithaca~,: .Io~npaym~ntof$ . ~ ~--_, ~ . ~:s C OU;t~ duc~tclasins~dthcbal~nccsccurcdbyamortgas~inth~amourtof $ ~ Do ~oa < ~'- for months (d~s not include HUD/FHA Mortgage Insurance Premium). ...~.~ .i 0 ~ ~Saidmortgageinvolwsar¢pakcscrowamountingto ...................................... : .................................. > e, ~ ~ Purchaser is paying cash or applying for conventional or other financing not involving H U D.tFH A. 5. Seller will pay reasonable an~customa~ costs, but no[ mom than actual costs, nor more than paid by a typical Scllcr inth¢ama, ofobtainingfinancingand/orclosing(excludingbrokcr'scommission)inan amoumnottocxcccd > 5. $ 6. Upon sales closing, S~ller agr~s to pay to the broker identified below ~ cum m ission (including s~llingbonus, if offered bys¢ller) of ............................................................................................................... > 6. $ -0- ?. ~cn~tamountdu¢Scileris (Purchascprice, hem 3,1~ssh¢m4escrow, ifany,lessltemsSand6) ................. > } 7~ $ 54,000.00 8. Purchaser is: ~ own~r-~cupant (will occupy this property as prima~ residence) "~ investor ~ nonprofit organization ~ public housing age.cy ~ o[h~r governmcnl agency. 9. Time is of the essence as to closing. ~ sale shall close not later than ~O days from Seller's acceptance of contract. Closing shM! ~ held at office of Seller's d~)gnat~ closing agent or ~t ~ ~ ~ ~at ~.~t~A ~ 10. If Seller does aot acc6p[ Ibis offcr: Sell~¢ ~ m~y ~ may not hold such offer as a back-up ~o acccp[¢d offer. t 1. L~ad b~s~d paia[ addendum ~ is ~ is not auach~d; OlhCr addendum ~ is ~ is not atlachCd h~r~to and made part o[ [his 12. Shoed Purch~r ref~ or o~he~e fail to pedorm in accordaace ~tb thb contract, ~cludiag the time limitation, Se~er ma~, ~t Seer,s ~le option, rem~ all or a ~ion ~the deposit ~ ~q uidated dam ages. T he Seller r~erv es the r igh t ~ apply the eam~t orany~ion~ereof, toanysu~whichmaybeowedbythePurchaser~eSellerforrent. Pur~aser{s}lniti~s: .. Sall~'slnla~ 13. ~is con,act is subject lo the Conditions of Sale on the reverse hereof, which are hxco~oratcd hcrcin and made part of this contract. Oz~fflca~ion ot P~rchasar: The Undersigned Certifies that in afl. lng his/he'r/i~s signa~ui~ so ~his c~rac~ he/s~e/~t unde.t~uds: (1) ai~ ~he ce~len~ thereof (including the C6~ditioas of Sale) ~d ~s ~ agreement ~he~i~h w~theu~ protest; (~) he/Shc/~t ~ re~pou~ihie for ~;asfying ilse]f as to Ihe full conditio~ of lhe property; and (3) ~hat Selier w~ ~ot perfvr~ repa~s after ~ccept~eCe o~ 1h~ cOntracL Purchaser(S): (lype or prim names, s~ial security numbers. K sign) PL:~Chaser(s) Address: Housing ~artnership, Inc, 319 Clematie St=eet, Sui=e 59-~397 . ~est ~a~ Beaeh~ ~ ~3401 .'"' e%,~ ~ ~bO (407) 659-120i 4118/96 HUD; Oe~iflon~n of B.~k~r: The und~erfifies ~hab. (1) neither he/she nor anyone ~uthorizcd ~o act ~or him/her has declined to sell ~he prapcrt} describ,~,r,i~r/o m~e it avalab~,6r inspec,ion or c~nsideration by a prospective purchas,r becaus, of his/her race. color, r,ligion, sex. familial st&tug, n~o~gin, or disabitRy;~ he/sh~ h~s both provided and explained to the purchaser thc ~otic6 r~gard(n~ us~ of HUD's closing scent; h~/sh~ has ~zp~ned fully [o lbo purchaser the entire terms of i~e con,act, includin¢ Condition B on Ibc reverse hereot'; and (4) he/she is in compliance ~ilh HUD's earnesl money policy ~s s~[ forth on HUD forms S'~S-I 116 and SAMS-I i 16A, Salting Bro[cr Information and 6¢r[ificalion, which he; she h~ executed and filed with Seller. " ~o~.c~ ~n,~ ~, s ~o~: 0~ ~ns,~n,.o) ti~l~, zio coo,) ~ e,ok,,'~ ss~ o, ~,o~.~ ,0 ~o. 0~,~. hyph~.~ ~S*~.SS S~-~* , Ty~ or winl ~ n~e ~d phone number of sales ~1~ i~lon tot HUD use only. BrOker no,fied of: . Aut~rizing Signalure & Dam: ~ ~Reiection .."~Retu~n Earnest Mone~:~osit ~ X ~.~-" ",evi~us ~i~';~= ~bsoi~e ~Py 1: ?o ~Ob Io~1 office; upon. approval, HUD ~111 return re~' Handbuok~ 43' !0 c farm HUD-g5~ (3,94 ...... 7 ........ signed ~p~ 1 to Broker mr deHvew to Pumh~er ' - . (9:L,-.:-'. ':~ '.:' RESOLL~fION NO. 46-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE SALES CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE%~g THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC. WHEREAS, the City of Delray Beach, Florida, in partnership with the Palm Beach County Housing Partnership, Inc., wishes to acquire certain property located at 515 S.W. 5th Avenue, Delray Beach, Florida, to provide home ownership opportunities for low to moderate income home buyers under the HOPE 3 Housing Program; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Purchaser, hereby agrees to purchase from the U.S. Department of Housing and Urban Development, as Seller, land to provide for home ownership opportunities for low to moderate income home buyers under the HOPE 3 Housing Program, for the purchase price of Thirty Thousand One HuD~lred Fifty and 00/100 Dollars ($30,150.00), and other good and val~ah~le consideration; said parcel being more particularly described as follows: Lot ! of SUNNYSIDE PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 75 (located at 515 S.W. 5th Avenue, Delray Beach, Florida). Section 2. That the Palm Beach County Housing Partnership, Inc. is hereby authorized to close on the subject property, with the City of Delray Beach, Florida, accepting title to the subject property. Section 3. That the terms and conditions contained in the Sales contract, U.S. Department of Housing and Urban Development, and addenda thereto between Purchaser and Seller as hereinahove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 4th day of June, 1996. C~ty Clek~ / Sales. Contract u.s. Department of Housing and Urban Development -- Office of Housing Property Disposition Program Federal Housing Commissioner OMB Approval No. 2502-(J306 (exp. 9/30/95) l. l(We) .... Rou. sin~ Part_he,ship. Inc. (Purchaser(s)) agree to purchase on the lerms set forlh herein, the following pn,pcrly, as m,,rc peri icularly descried in the (Iced conveying the property to the Secreta~ of Housing and Urban Devel(,pmenp ~.~q~81320 515 S.~. 5th Avenue, Delra7 Beach, YL .33466 . [st~ eel ~b~, slreel name, unit n~mber, il applicable, ~ly, ~unly, Slale) 2. The S~reta~ of Housing and Urban Development (Seller) agrees lo sell the property al the price and terms set fi, th here~preparc a deed containing acovenant which warrants against the acts of the Seller and all claiming by,through or under him. Tillc wil~n in the follo~ name(s) and style: City of Delray Beach _~ 3: ~eagre~'purchasepriceofthepropertyis ..... ] .............................................................................................. ~ 3. $ 30a 150,00 Purch~er h~ paid $ 500 ~ 00 ~ earnest money to be applied on the purchase price, and agre~ ~ ~- ,, · tope thebalanceofthe urct~ase rice plusorminusprorali(,ns,a~thefimeorclo~ine in cash to ~eller The//o * t.. Zae~*"- -Y P ' P '- ' '- ' ' -' ' ' ' earnestmoneydepositshallbeheldby ~D . { ... q// , ', .-j/4 duo .t~osing and the balance secured bye mortgage in the ,moun. of $ 7 ' ~~ for months (d~s not include HUD/FHAMortgagelnsurance Premium). ~ Said mortgage involves a repair escrow amounting to ............ '. ............................................................ ~ 4. $ ~ Pu~baser is paying cash or applying for conventional or other financing not involving HUD/FHA. 5. Seller will pay reasonable and custom a~ costs, but not more th an actu al costs, nor more than paid by a typical Seller inthe~a, ofobtaining financing an~or closing (excluding broker's commission) in an amount not to exceed ~ ~. $ 6. Upon sales closing, Seller agrees to pay to the broker identified below a corem lesion (including selling bonus, if offered by seller) of ............................................................................................................... ~ .6. $ 7. ~ene~am~u~tdue~e~eris(Purchaseprice~em3~es~Item~esc~w~ifany~essItems5a~d6) ................. ~ ~.~0 , , 8. Purch~er is: ~ owner-~cupanl (will occupy this property as primary residence) inve*h,r ~ noflp~ofll organization ~ public housing agency ~ other government agency. 9. Time is of the essence as to closing. ~)e sale shall close riel later than __ ~0 days from Seller's acceplance ,~ c, mm~ct. CI,sing shall ~ held at office of Seller's designated closing agent or a~ a place de~g.o_ee4 10. If Seller does riel accept this offer, Seller ~ may ~ may n.l hold such offer as a hack-up lo accepted offer. 11. Lead based paint addendum ~ is ~ is not attached; Olher addendum ~ is ~ is nol attached hereto and made pa~l of lhis contract. ;:~; A.2;::;:~O~?~h~r refu~e orothe~se faa to perform m.acc~rdance ~th th~.contmg~i including ~e t~me hm~t~qn~ Sel~gr...mayi at ~;~?;~?~;Se~ee .s ~le opfion~ ~e~ m ali ora po~mn of the deposit ~ Hq reda(ed damage. The Seller r~erves the nght to ~ lyre ea~estmopey; ~;:i:::t%~:oranY:~on~e~of, toanysumswh~ch may beowed bythePurchaser~eSeiler fOrwent. Pur~rts)lnt~ 13. :~:~'i~tract'~s ~ubJect to the Conditi0ns o f Sale on the reverse hereo f, which are incorporated herein and made pa,, ,,f ,~s ~,,ntract. Purchaser(s): (ly~ ~ prinl names, s~lal securRy numbers, g sign) [ Purchaser(s) Address: H~u~a~hip, Inc. ~59-1706597 [319 Clsmatis Street, 8utte 409 ~- ..... /~Z~ ~%. ,' ~-' ~ast Palm Beach, FL Dal~ [' urchnse~(s)Slgn~ Conlracl: so~Gr[ S~ ~ ~,Y~o~ Fa* % n~ '~ga~-D~v~l o~ nt By: (type name & title, & sign) '- ' ' ....... I ~,e contract Accept~ by HUD: Ce~lflca)ib¢ of Broker: The UnderSigned certifies that: (l) neither he/she nor anyone authorized to act for him/her has dcclinetl t, sell the properly d~c~i~he~in to or to make it qvailahle for inspection or consideration by a prospective purchaser because of his/her race, c,k,r, religk,n, sex. familial s~nali~hai origin, or disability; (2) he/she has bolh provided anti explained ~. ~he purchaser Ihe n,lice regarding use ,f HI ID's ch,sing agenl; (3) he/she has~xplain~ fully to the purchaser the eulire terms of Ibc con(reeL including Condition B on the reverse here. f; and (4 ~ he/she is in c-mpliance with HUD's earnest money policy as set forth on HUD forms SAMS-I 116 and SAMS-1116A, Selling Bmker.lnf, tmati, m anti Certificadcm. which he/ she has execut~ and filed with Seller. Type ,r print ~e n~e and phone number et sales person: ~is e~on for HUD use only. ~roker notified o~: Aulhoriling Signalure & Date:  A, ceptance ~Back-Up No. "' ' R.jection ~ Return Earnest Money Deposit X ~) /~ :¢'~- Previt ,~ ~8ons are obsolete Copy 3: Retained by ~oker ref Handbook A310.5 [orm HUD-g548 IO~ICI M liTBfl' NOTICE IS HERESY GIVEN, ~ the CIty M DMriy BMCh, FWida, Ms tlrminl~ if to be in tlr belt if1~ M ~le Cffy ~o ~ c~tlin fl~l LM ~, 81gcIc ! ff file IM47 IM DELL PARK, KCO~Ii~lg t~ h In t~e Offke of Ihe CWt M ~he Cir. cuff elint in wi for Pllm Beach I, PNe SL ern~ geed ami viluable A Re~ofu~ od the C~y C~m~ h~e C~y of Delriy WiMi ~ ff)~ C~ CommiG~ /~NuIIr ~i~ ~ be ~ I/lt:~ p.m. ~1~: ~y ~ & J~ 3, ~ TM ~ NOTICE IS HEREBY GIVEN, ff~t City M ~lray Beech, FWd, has de. Ilrminecl ff to be In fill, best k~ o~ ! M SU#HYSIDE PARK, aCC~d~ f~ M h~ C~k M tM C~c~ CO~ ~ M~d W Palm ~ C~My, FW~a, rlc~ M P~t ~ ~1, plge 75. TM N~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - MEETING OF JUNE 4, 1996 RESOLUTION NO. 43-96 DATE: MAY 31, 1996 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 24 S.W. llth Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,018.24 remains unpaid. Recommend approval of Resolution No. 43-96 assessing costs to demolish an unsafe building on property at 24 S.W. llth Avenue. RESOLUTION NO. 43-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 43-96 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 43-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Winston. Leola. Barbara Jean and Johnnie Wesley Keys ADDRF$$: 104 NE 16th Avenue, Boynton Beach, Florida 33435 PROPERTY: 24 SW llth Avenue, Delray Beach, Florida 33444 LEGAL DESCRIPTI©M: Lot 23, Block 5, Atlantic Gardens, according to Pla~..Bpo.k_.~l_4__.~P~e 63 of the official records of Palm Beach County, Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2,0].8.24 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 3-22-96 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. __.x_ .... You failed to appeal the decision of the Chief Building Official to the Board ct Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. ....... You appealed the decision of the Chief Building Official 1o the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. ired_.lp.y the decision of the Board of Construction Appeals within a stated period of time: You failed to take the action as required by the order of the Board c~f. Construction Appeals. ....... You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. .. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 4-3-96 at a cost of $2,018.24 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENECRAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND E. NCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~'~?I SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JUNE 4, 1996 RESOLUTION NO. 44-96 DATE: MAY 31, 1996 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 40 S.W. 13th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,601.89 remains unpaid. Recommend approval of Resolution No. 44-96 assessing costs to demolish an unsafe building on property at 40 S.W. 13th Avenue. RESOLUTION NO. 44- 96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in.the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 44-96 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 44-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT E. and Lucille Harrison TO: ADDRESS: 40 SW 13th Avenue, Delray Beach, Fi 33444 PROPERTY: 40 SW 13th Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lot 18, Block 4, Odmann's subdivision accordin.~ to Plat Book 4, Pa~e 53 of the official records of Palm Be~ch County, F1 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised fha! a cost of $2,601.89 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 .... t~as been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 11-10-95 that the Chief Buildir~g Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that wotJld be taken to remedy that unsafe condition and tha! the action would be initiated by the City if you failed to act. ~ .3: .... You failed to appeal the decision of tl~e Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. ........ You appealed lhe decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action reqqired_..b.y the decision of the Board of Construction Appeals within a stated period of time: You failed to take the action as required by the order of the Board c~f. Construction Appeals. ........ You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. .. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on ..3-[~)-96 at a cost of ~ which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION 'AT LAW OR FORECLOSURE QF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COIvlMISSION City Clerk' CITY OF DELRIIV BEACH CiTY ATTORNEY'S OFFIC:E ~'~' ?~'"' ~ ""~' ~'~'~'~ ~'~:" ~.~o,~., ~ FACSIMILE 407/27b.4755 Wfi~'s ~e~ L~e: (~ 243-7091 DELRAY BEACH lll.~rica Ci~ MEMO~ND~ '~11':''''' ~A~: May28,1996 ~ 993 TO: Ci~ Co~ission FROM: Brian Shutt, Assistant City Attorney S~CT: Delray Executive M~I v. Cky - Offer of Judgment The City Attorney's Office has received an Offer of Judgmem in the mourn of $50,001.00, inclusive of attorney's fees ~d t~able costs ~om the Pl~miffs attorney. As you may rec~l tbs case ~ose out of the ~legations by the Pl~miff thru the City breached a contractu~ agreement that it had Mth the Pl~tiff to not require the Pl~ntiff to inst~l a spfi~er system in the Delray Executive Mall. The Pl~ntiff asserted that the requirement to inst~l a spfi~er system in the building ultimately led to the foreclosure of the building. If judgment is obt~ned by the Plaimiff in the mourn of $62,501.25 or more, then the City ~11 have to pay reasonable a~omey's fees and costs incu~ed by the Plaimiff ~er the date the offer is se~ed, if other statuto~ requirements are met. Our office reco~ends de~ of tbs Offer of Judgmem. By copy of tbs memor~dum to Dahd H~den, City M~ager, our office requests that t~s Offer of Judgment be placed on the June 4, 1996 Cky Conmssion agenda. Please call if you have any questions. cc: Susan A. Ruby, Cky A~omey Dasd T. H~den, (2i~ M~ager ~ison Mac~egor H~y, City Clerk Fr~ Babin, ~sk M~ager Prif~ted on ,r~ecycled Paper I:ITV OF DELRIIY BEACH Writer's Direct Line: (407) 243-7090 DELRAY BEACH Ali. America City MEMORANDU1VI 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attome~ SUBJECT: Authorization to Avveal - Kirk Cook v. Richard Brochu The Circuit Court denied Officer Brochu's Motion for Summary Judgment. At this time, it would be proper to appeal the Court's Order if the Commission desires. The Court's Order is dated May 14, 1996. Therefore, a notice of appeal must be filed by June 13, 1996. Authorization to file the appeal is required at this time in order to meet the time deadline. The appeal will be handled by Smart Silverman with the law firm of Damsel & Gelston, P.A. If you have any questions, please call. DNT:smk cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Sharon Morgan, City Clerk's Office Frank Babin, Risk Manager kirk.dnt Pnnted on R~?cyc/~,d, F~¥~c; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~.~' - MEETING OF JUNE 4, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 31, 1996 Attached is the Report of Appealable Land Use Items for the period May 20 through May 31, 1996. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: /0ASMIN ALLEN, PLANNER SUBJECT: MEETING OF JUNE 4, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 20. 1996 THRU MAY 31. 1996 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of May 20, 1996 through May 31, 1996. BACKGROUND This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of June 4, 1996 Page 2 PLANNING AND ZONING BOARD MEETING OF MAY 20. 1996 There were no appealable items. The following agenda items which were considered by the Board will be forwarded to the City Commission for final action. · Approved (6 to 0) with conditions, the preliminary plat and certified the final plat as being consistent with the preliminary plat for Gleason Street Townhomes, located on the west side of Gleason Street, south of Ocean Terrace. · Approved (6 to 0) with conditions, the preliminary plat and certified the final plat as being consistent with the preliminary plat for Sea Aire Estates, a proposed single family subdivision, to be located on the east side of A-I-A approximately 200 feet north of Linton Boulevard. Concurrently, the Board recommended approval of several waivers namely: · The creation of lots that do not meet the minimum requirements; · Elimination of street lighting and street trees, and the provision of alternative lamp posts and individual lot landscaping; · Eliminating the requirement for the installation of sidewalks in the private access tract and along A-l-A; · Reducing the front setback from 25' to 10' (except for garages which are reduced to 20') · Reducing the right-of-way width from 60' to 30' for the private access tract; · Reducing the stacking distance requirement from 100' to 30' at the entryway of the development; · Recommended approval (6 to 0), of a conditional use request to allow the establishment of a child care facility for the Thomas, Louise, Charles (TLC) Christian Academy, in the R-1-A (Single Family Residential) district, located on the west side of N.W. 2nd Avenue between Lake Ida Road and N.W. 3rd Street. · Recommended approval (6 to 0), to allow the establishment of a community center/social club in the Planned Commercial zone district for the South Palm Beach County Jewish Federation, to be located within the Old Phar-Mor Building at the Delray Square II Shopping Plaza. City Commission Documentation Appealable Items Meeting of June 4, 1996 Page 3 · Recommended approval of an amendment to the Land Development Regulations Section 2.2.6(B)(2), regarding special qualifications for historic preservation board membership. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 22, 1996 A. Approved (5 to 0), a request to change the architectural elevations to allow the addition of awnings at Dee Car Patio Factory Outlet, located on the west side of North Federal Highway, south of Gulfstream Boulevard. B. Approved with conditions (5 to 0), a minor site plan modification, landscape plan and architectural elevation plan associated with proposed improvements at Anchor Park for the City of Delray Beach Ocean Rescue Headquarters, located on the west side of A-1-A north of Casuarina Road. C. Approved (4 to 1), a request for color change to an existing commercial building, Lavender Shutter, located on the west side of S.E. 6th Avenue, between S.E. 1st Street and S.E. 2nd Street. Other non-appealable items which were considered by the Board. · Approved (5 to 0), a free standing business sign for Fleet Lease Disposal, Inc., located at 272 South Federal Highway. HISTORIC PRESERVATION BOARD No Regular Meeting of the Board was held during this period. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF JUNE 4, 1996 L-.30 CANAL LAKE IDA ROAD NW SW ATLANTIC AVENUE LOWSON BOULEVARD LIN TON BOULEVARD BOULEVARD L-38 CANAL C-15 CANAL Cll¥LIMITS S.P.R.A.B.: A, - DEE CAR PATIO FACTORY OUTLET B. - CITY OF DELRAY BE~a, CH I M~LEI OCEAN RESCUE HEADQUARTERS i , C. - LAVENDER SHUTTER SCALE CfTY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- Ol~'ll'AI ~4~E ~ SY'~JFEM -- MEMO~DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i~l ~B~,0T: ~N~ IT~,~ # ~,~1. - ~.~,TiN~ ~D o~ B ID~ ~D OONT~OT~ DATE: MAY 31, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Rinker Materials Corporation for Ready-Mix Concrete, in the estimated annual cost of $25,737.50 from 001-3113-541-53.90 and various Capital Project Accounts. 2. Bid award to Sal's Sport Shop for the purchase of T-Shirts and backpack's for the summer camp program, in the amount of $10,688.94 from 001-4106-572-52.22 and 115-0000-248- 15.00. 3. Bid award for pipe fittings and accessories to various vendors at an estimated annual cost of $91,534.64 from 441-5123-536-52.20 and 441-5141-536-52.20. Agenda Item No.: .~/V~ AGENDA ILEQUEST Date: 05/28/96 'Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: June 04, 1996 Description of agenda item (who, what, where, how much): Bid Award- Bid #96-41 - Ready Mix Concrete. Award to Iow bidder, Rinker Materials Corporation~ a~ an estimated Annual cost of $2~,737.50. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Rtnker Materials Corporation at an estimated annual cost of $25~737.50. Funding from account #001-3113-541-53.90 and various-Capital Project Accounts, Department Head Signature: · ' _/i ' --x' Determination of Consistency wit~Com~ehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Description: ., Account Balance: City Manager Review: · Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager Jacklyn Rooney, Senior Buyer ~ FROM: THROUGH: Joseph Safford, Finance Director DATE: May 28, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 04, 1996 - BID AWARD - BID #96-41 READY MIX CONCRETE - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve the award for the purchase of Ready Mix Concrete to low bidder, Rinker Materials Corporation, at an estimated annual cost of $25,737.50. Background: The Public Works and the Environmental Services Department have a need for an annual contract for the purchase and delivery of Ready Mix Concrete. Bids were received for this contract on May 15, 1996, from two (2) vendors, all in accordance with City Purchasing procedures. (Bid #96-41. Documentation on file in the Purchasing Office.) A Tabulation of bids is attached for your review. The Deputy Director of Public Works has reviewed the bids, and recommends award to low bidder, Rinker Materials Corporation, per attached memo. Recommendation: Staff recommends the award to Rinker Materials Corporation, at an estimated annual cost of $25,737.50. Funding from account #001-3113-541-53.90 and various Capital Project Accounts. Attachments: Memo From Deputy Director of Public Works Tabulation of Bids cc: Hoyt Ownes, Deputy Director Of Public Works Scott Solomon, Superintendent of Streets & Traffic Howard Wight, Deputy Director Construction M-EMORANDUM TO': Kathy Butler, Purchasing Buyer j~ j~ FROM: Hoyt Owens, Deputy Director of Public Wor DATE: May 20, 1996 ~, SUBJECT: BID #96-41 READY MIX CONCRETE ANNUAL CONTRACT I have reviewed the bid tabulation sheets for the above referenced request for bid. It is my recommendation to award the contract to the Iow bidder: Rinker Materials Corporation 1700 W. Atlantic Avenue Delray Beach, FL Please advise the Public Works Department of Commission approval of the contract and the date that we may initiate purchases. If you have any questions, please call. HO/sdl Attachment c: Robert Barcinski, Assistant City Manager, w/o attachment Scott Solomon, Superintendent of Streets & Traffic, w/attachments REF: HO/052096C.MEM CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-41 READY MIX CONCRETE - ANNUAL CONTRACT May 15, 1996 Est. Rinker Materials Tarmac America, Inc. Item Description Qty. 1. 2,500 PSI 175 Type I C.Y. 50.50 / 8837.50 56.00 / 9800.00 2. 3,000 PSI '125 Type I C.Y. 52.00 / 6500.00 57.50 / 7187.50 3. 4,000 PSI 100 Type I C.Y. 56.00 / 5600.00 60.50 / 6050.00 4. 100 PSI 100 Flowable C.Y. 48.00 / 4800.00 50.00 / 5000.00 Fill Total Bid Price $ 25,737.50 ** $ 28,037.50 Delivery Delivery in 3 days after receipt Delivery 24 hours after receipt of order of order Comments/Exceptions Jan. 1, 1997 unit prices will Short Load charge (5 yds. or increase to: ** less) $75.00 52.50 for 2,500 PSI 54.00 for 3,000 PSI 56.00 for 4,000 PSI 50.00 for 100 PSI Flowable Fill ($26,737.50) $75.00 for deliveries of less than 5 1/2 cyd. One call back allowed on pours exceeding 10 cyd. Maximum delivery time of 60 minutes per load. After 60 minutes, there will be a charge of $60.00 per hour. Agenda Item No.: O/I~ AGENDA REQUEST Date: May 29, 1996 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: 3une 04, 1996 Description of agenda item (who, what, where, how much): Purchase Award- Purchase of T-Shirts and Backpacks for Summer Camp for Parks and Recreation. Award to Sal's Sp'ort Shop at a total cost of $10,688.94 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Sal's Sport Shop for the purchase of T-Shirts and Backpack's for Summer Camp ProKram for Parks and Recreation Total Cost of $10.688.94 $10.128.32 from account 115-0000-248-1~.0[L---,,~ S na u e: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~(~ NO Funding alternatives: ~ _ (if ~pplicable) Account No. & Description: Account Balance: % :'~J~] ~ I ~ ' City Manager Review: '~,5~ O~ Approved for agenda: / N Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Roon~ ,i Senior Buyer ~ THROUGH: Joseph sa~z~,~nce Directoru DATE: May 29, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JUNE 04, 1996 - PURCHASE AWARD SUMMER CAMP T-SHIRTS Item Before Commission: The City Commission is requested to approve the purchase of summer camp t-shirts and backpacks to Sal's Sports Shop at a total cost of $10,688.94. Background: The Parks and Recreations Department has requested quotes from three vendors for the purchase of t-shirts and backpacks for each child participating in the summer camp program. The cost of these items is included in their registration fee. Quotes received are as follows: Sal's Sports Shop $10,688.94 Specialty Enterprises,Inc. 10,942.50 The Printing Mart 10,794.30 The Recreation Superintendent of Parks and Recreation Department has reviewed the quotes received and recommends award to Sal's Sports Shop per attached memo. Recommendation: Staff recommends the purchase of the T-Shirts and Backpacks for the Summer Camp Program to Sal's Sports Shop at a total cost of $10,688.94. Funding from account #'s 001-4106-572-52.22 and 115-0000-248-15.00. Attachments: Memo From Recreation Superintendent Quotes Received From Vendors cc: Joe Weldon, Director of Parks and Reacreation Pamela Post, Recreation Superintendent [IT¥ I)F I)ELIiII¥ BEI:I[H DELRAY BEACH ~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: JACKIE ROONEY THRU: PAMELA POST , RECREATION SUPERINTENDENT FROM: JENNIFER BUCE .~- RECREATION SUPERVISOR II SUBJECT: SUMMER CAMP T-SHIRTS DATE: MAY 29, 1996 The Parks and Recreation Department includes three t-shirts and one backpack for each child participating in the summer camp program. Thc cost of these items is included in thc $25.00 registration fee. We have openings for 510 children in the summer camp program; therefore, 1,869 t-shim and 520 backpacks were ordered. Extras are included in the above numbers due to parents wanting to purchase extras and when new children attend the camp as openings become available. The vendor we wish to use is SaPs Sports Shop. The total amount quoted is $10, 688.94. The break down can be found on the following page. We also contacted Printing Mart and Specialty Enterprises, each of which provided a higher quote. The account number for staff shirts, which total $560.22 is 001-4106-572-52.22. The remaining $10, 128.32 will come from account 115-0000-248-15.00. If any additional information is needed I may be reached at x7249. THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Agenda Item No.: ~3 AGENDA REQUEST Date: May 29, 1996 'Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: June 04, 1996 Description of agenda item (who, what, where, how much): Bid Award - Pipe Fittin§s and Accessories - Annual Contract - Award to Various Vendors at an estimated annual 'cost of $91,534.64 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors at an estimated annual cost of $91,534.64. Funding from accounts 441-5123-536-52.20 and 441-5141-536-52~20 Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: ~ NO  Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~ ~Z~ City Manager Review: Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager~ FROM: Jacklyn Roo~nior Buyer THROUGH: Joseph Saf~e Directo~ DATE: May 29, 1996[~;~ ~ SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 04, 1996 - BID AWARD - BID #96-40 PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to make multiple awards to vendors as listed below for the purchase of pipe fittings and accessories, at an estimated annual cost of $91,534.64. Background: The Water & Sewer Network Division has need of an annual contract for pipe fittings and accessories with funding from their operating expense budget. Bids for this contract were received on April 10, 1996 from nine ( 9 ) vendors, all in accordance with City purchasing procedures. (Bid #96-40) Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Director of Environmental Services has reviewed the bids, and recommends multiple awards, per attached memo and highlighted tab sheet, as follows: Vendor: Estimated Annual Cost: Coastal Wholesale $ 9,100.95 Melrose Irrigation Supply 4,257.15 A & B Pipe Supply 12,923.00 ~{ughes Supply Inc. 14,071.50 Sunstate Meter & Supply 29,865.60 Davis Meter & Supply 990.44 Ferguson Underground 20,326.00 Total $ 91,534.64 Recommendation: Staff recommends multiple awards to vendors as stated above. Attachments: Tabulation of Bids Recommendation Memo/Award Recommendations cc: William Greenwood Richard Hasko Mike Offie Leon Slydell ...... ~Y-~g-'g6 ~ED ~4:~ ID:DELR~Y ENU. ~ERUICE~ TEL N~:487-~4~-70~8 ~50 ' ~4~72437166 CITY DF DEL~RY BEACH 019 P02 MAY 28 MEMORANDUM TO: William GreenwoOd, birector Of Environmental Services ~ROM: JaCkly~ R~oney, Senl~r Buyer DATE: May 28, 1996 ~J~CT: ~id ~96-40 Annual Contract On April 24, 1996. a ~ee%ing was held with Leon ~lydell, $~o=ekeeper X~, Mike O~fie, Supt. Water/Sewer Network, and myself to review =he bids ~eeiv~d for the annual contract for pipe fittings and a~cessories. Th~ee 0on~oditi~ are inven~oTied i~ the Attaeh&d is the Tabulation of Bids. a~d our award recon~nendations. w~re made ~¥ group totml with the ,xceptiem of group #22, which i- to be awarded individually per item, in order t~ receiv~ more co~l~=~tive bidm. This gro~ contains ~iscellanmous items which mr= not suppll~& by all Almo attached is break~w~ of award reco~enda~ions per vendor, ~or a total emtimated annual cost of $91.534.64. T~ you m~Drove thi~ reco~n~tion, Dl~a~a si~n below mhd return purchasing an~ I will proceed wi~h Co~iseion A~en~a. Tabula~iQn of ~idS Award R®eo~enda~ions By Vendor cc: Richard ~&Bko, Dmpusy Director o~ Public Utilities PIPE FITTINGS AND ACCESSORIES BID #95-40 AWARD RECOMMENDATIONS Group Est. Annual # Description Vendor Cost Comments 1. Irrigation Systems Coastal Wholesale $ 9,100.95 Low Bidder Inc. 2. Adaptors Melrose Irrigation $ 241.25 Low Bidder 3. Bends A & B Pipe Supply $ 689.65 Low Bidder 4. Pipe Fittings - Hughes Supply Inc. $ 10,672.50 Low Bidder Brass & Copper 5. Corporation / Sunstate Meter & $ 10,446.80 Low Bidder Curb Stops Supply Inc. 6. Bushings Melrose Irrigation $ 211.15 Low Bidder Supply 7. Caps Hughes Supply Inc. $ 244.00 Low Bidder 8. Clamps A & B Pipe Supply $ 1,286.75 Low Bidder 9. Couplings Melrose Irrigation $ 339.95 Low Bidder Supply 10. Ells Melrose Irrigation $ 239.20 Low Bidder Supply 11. Nipples A & B Pipe Supply $ 592.20 Low Bidder 12. Pipe A & B Pipe Supply $ 406.80 Low Bidder Copper/Galv. 13. Pipe - Poly, A & B Pipe Supply $ 9,271.20 Low Bidder - Davis Meter - PVC, Plastic stated prices only good for 30 days - awarded to second low bidder A & B Pipe 14. Pipe Couplings Melrose Irrigation $ 2,570.95 Low Bidder 15. Inserts Sunstate Meter & $ 775.85 Low Bidder Supply 16. Gaskets/ Sunstate Meter & $ 811.80 Low Bidder Glands Supply 17. Plugs Davis Meter & $ 247.30 Low Bidder Supply 18. Risers Sunstate Meter & $ 17,831.15 Low Bidder Supply 19. Service Hughes Supply Inc. $ 3,155.00 Low Bidder Saddles 20. Tees Melrose Irrigation $ 654.g~ Low Bidder Supply 21. Valves Ferguson $ 15,576.00 Low Bidder Underground ~ward Recommendation Cont ........ Group Est. Annual # Description Vendor Cost Comments 22. Misc. Items (To be awarded individually as follows): #250 "Y" Branch 1 1/2" x Ferguson $ 430.00 Low Bidder 1" x 1" Undergrond #251 Turn on Key A & B Pipe & $ 310.00 Low Bidder Supply #252 Key Curb Stop 3' A & B Pipe & $ 190.00 Low Bidder Supply #253 WYE PVC SDR 35 Davis Meter & $ 72.00 Low Bidder DWV 6" Supply #254 WYE PVC DWV 6" Davis Meter & $ 180.03 Low Bidder Supply #255 WYE PVC Push Pipe A & B Pipe & $ 176.40 Low Bidder 8" x 8" Supply #256 WYE PVC DWV Davis Meter & $ 491.11 Low Bidder 8" x 6" Supply #257 Back Flo Preventer Ferguson $ 1,600.00 Low Bidder 1 1/2" Underground #258 Back Flo Preventer Ferguson $ 1,840.00 Low Bidder 2" Underground #259 Back Flo Preventer Ferguson $ 880.00 Low Bidder 1" Underground (Group #23 - Awarded to Ferguson Undergroun by City Commission 05/07/96) Total Estimated Annual Cost For City of Delray Beach $ 91,534.64 Totals Per Vendor: Coastal Wholesale $ 9,100.95 Melrose Irrigation Supply 4,257.15 A & B Pipe Supply 12,923.00 Hughes Supply Inc. 14,071.50 Sunstate Meter & Supply 29,865.60 Davis Meter & Supply 990.44 Ferguson Underground 20,326.00 $ 91,534.64 ~ · o~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'~Ai' SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF JUNE 4, 1996 CONDITIONAL USE REQUEST/TLC CHRISTIAN ACADEMY DATE: MAY 31, 1996 This is before the Commission to consider a Conditional Use request to allow the establishment of a child care facility for the Thomas, Louise, Charles (T.L.C.) Christian Academy, in the R-1-A (Single Family Residential) District, located at 328 N.W. 2nd Avenue. The subject property consists of two vacant lots and a third lot with a 1,667 square foot single family dwelling which would be converted to the child care facility. The proposal is to construct a 1,275 square foot building addition, a 786 square foot covered patio, ten parking spaces, drop off area, six foot chain link fence, trash can enclosure, and installation of landscaping. At its meeting of May 20, 1996 the Planning and Zoning Board voted 6-0 to recommend approval of the Conditional Use request based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(E) (5) (Conditional Use Findings) of the LDRs, subject to the condition that a full site plan applica- tion be processed, that the maximum enrollment be 54 students, that the hours of operation be limited to 6:30 a.m. to 6:00 p.m., and that the hedge along the southern property line be 2.5 feet tall for the first 20 feet of the buffer, and 4.5 feet tall for the remaining hedge to buffer the adjacent residential dwelling from the parking lot. Recommend approval of the Conditional Use request subject to the conditions set forth by the Planning and Zoning Board. TO: DAVID t. HARDEN, CITY MANAGER THRU: C/DIANE DOMINGUEZ, DIRECTOR ~;~ DEPARTMENT OF PLANNING AND ZONING FROM: JAC,/ET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF JUNE 4, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHILD CARE FACILITY AT 328 N.W. 2ND AVENUE KNOWN AS THE T.L.C. CHRISTIAN ACADEMY The action requested of the City Commission is approval of a Conditional Use request to establish a child care facility known as the T.L.C. Christian Academy on a 0.46 acre parcel of land located in the R-lA zone district. The subject property is 328 N.W. 2nd Avenue, which is located north of N.W. 3rd Street on the west side of N.W. 2nd Avenue. The subject property consists of Lots 7,8, and 9, Block 41 of the Town of Linton plat. In 1972, a 1,667 square foot single family dwelling was constructed on Lot 8. Lots 7 and 9 are currently vacant. The request is to establish a child care facility which includes the following: [] conversion of the existing 1,667 sq. ft. single family dwelling to a child care facility with the construction of a 1,275 square foot building addition; [] construction of a 786 square foot covered patio; [] ten (10) parking spaces, one which is handicap; [] drop-off area; [] 6' high chain link fence; [] trash can enclosure; and [] Installation of associated landscaping. City Commission Documentation Meeting of June 4, 1996 T.L.C. Christian Academy - Conditional Use Approval Page 2 The day care facility will have a maximum enrollment of 54 students (23 children after school care program, 8 infants, and 23 one to five year olds), and 5 employees. The hours of operation will be Monday - Friday, 6:30 A.M. - 6:00 P.M. A full analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of May 20, 1996, the Planning and Zoning Board held a public hearing in conjunction with the review of the request. Six people from the public spoke in favor of the proposed child care facility and felt that it would be an enhancement to the City, as many of the existing child care facilities were full and had waiting lists. One of the conditions of approval was that the hedge located along the southern property line be increased to 4.5' tall at the time of planting to increase the buffer between the parking lot and the adjacent residential dwelling. Board member Schmidt felt that the hedge should be reduced to a 2.5' tall hedge for the first 20 linear feet of the buffer which would eliminate any potential for a sight visibility problem with vehicles exiting the parking lot. The Board voted to 6-0 (Bird absent) to recommend to the City Commission that the Conditional Use request be approved based upon positive findings with respect to Chapter 3 (performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the LDRs, subject to the following conditions: A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations. B. That the maximum enrollment for the child care facility be 54 students. C. That the hours of operation be limited to 6:30 a.m. to 6:00 p.m. D. That the hedge along the southern property line be 2.5' tall for the first 20 feet of the buffer, and 4.5' tall for the remainder length of the hedge, at the time of installation to buffer the adjacent residential dwelling from the parking lot. By motion, approve the Conditional Use request to establish the T.L.C. Christian Academy child care facility, subject to the findings and conditions made by the Planning and Zoning Board. Attachments: · P&Z Board Staff Report and Documentation of May 20, 1996 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 20, 1996 AGENDA ITEM: V.A. ITEM: Conditional Use Request to Allow the Establishment of a Child Care Facility for the Thomas, Louise, Charles (TLC) Christian Academy, in the R-1-A (Single Family Residential) Zoning District, Located at 328 N.W. 2nd Avenue. GENERAL DATA: Owner/Applicant ............. Queen E. Owens ........... L U THERA N Agent ......................................... Kimberly A. Dellastatious [--IIIIII Location ..................................... West side of N.W. 2nd , ^ ~ ~ , ~ ^ , o ^ ~ ,.~. ~ s~. Avenue, between Lake Ida ~_._~___ CASON Road and N.W. 3rd Street. [[~ c,u~c~ Property Size ............................. 0.46 acres Future Land Use Map ................ Low Density Residential Current Zoning .......................... R-1-A (Single Family~,.,. ~ ' ~,,.~ Residential) Adjacent Zoning ............... North: CF (Community Facility) ..~. South: R-1-A West: R-1-A Existing Land Use ...................... Single family home with two adjacent vacant lots ~[___~~~:~::~ Proposed Land Use ................... Establishment of a child care --, , N.W. 2ND ST. N.E. 2ND ST. facility within an existing i1~ --ll--'li single family dwelling. The facility will be open from approximately 6:00 a.m. to 6:30 p.m. and will have an enrollment of about 54 children and 5 employees. Water Service ............................ Existing on site co~u~~r~,c~~ Sewer Service ........................... Existing on site T~NNIS STADIUM ATLANTIC AVENUE The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a child care facility for T.L.C. Christian Academy, pursuant to LDR Section 2.4.5(E). The subject property is 328 N.VV. 2nd Avenue which is located north of N.W. 3rd Street on the west side of N.VV. 2nd Avenue. The subject property consists of Lots 7,8, and 9, Block 41 of the Town of Linton plat, and contains approximately 0.46 acres. In 1972, a 1,667 square foot single family dwelling was constructed on Lot 8. Lots 7 and 9 are currently vacant. The subject property is zoned R-lA, and child care facilities are allowed as a Conditional Use which is the action requested of the Board. i The Conditional Use request is to establish a child care facility known as the T.L.C. Christian Academy. The development proposal consists of the following: ~1 1,275 square foot building addition; [] 786 square foot covered patio; ~ ten (10) parking spaces, one which is handicap; [] drop-off area; [] 6' high chain link fence; [] trash can enclosure; and ~ Installation of associated landscaping. The day care facility will have a maximum enrollment of 54 students (23 children after school care program, 8 infants, and 23 one to five year olds), and 5 employees. The hours of operation will be Monday - Friday, 6:30 A.M. - 6:00 P.M REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Planning and Zoning BO~" 5taft Report: (i." Conditional Use Approval - TLC Christian Academy Page 2 body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future. Land Use Map designation of Low Density Residential and a zoning designation of R-lA (Single Family Residential - Low Density). The zoning district is consistent with the Low Density Future Land Use Map designation, and "child care facilities" are listed as a Conditional Use in the R-lA district [LDR Section 4.4.3 (D)(1)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: I:::1 Water service exists to the site via a service lateral connection to an existing 2" main within N.W. 2nd Avenue. No main extensions or upgrades are required with this development proposal. Sewer service exists to the site via a service lateral connection to an existing 8" main located within the alley to the rear of the property. No sewer main extensions or upgrades will be required of this development. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. At the time of approval of the Comprehensive Plan, 3 single family dwellings were contemplated for this property. The conversion of a dwelling to a child care facility will have a minimal impact on water and sewer demands as it relates to this level of service standard. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage will be accommodated on site via swales. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with submittal of the site plan. Planning and Zoning BO~.i'' Staff RepoFt Conditional Use Approval - TLC ChFistian Academy Page 3 Streets and Traffic: , A traffic impact study was submitted indicating that the proposed use (a child care facility) will generate 200 average daily trips onto the surrounding roadway network. The traffic impact study complies with the Palm Beach County Traffic Performance Standards Ordinance. There is adequate capacity on the surrounding roadway network to accommodate the traffic generated from the proposed use. Based upon the above, a positive finding with respect to traffic concurrency can be made. The drop-off area is well designed and allows for approximately four care to stack on site. In addition, the parking lot provides for ten parking spaces which are easily accessible to the building, as well as from the drop-off area. The ability to stack so many cars on site should eliminate the need for vehicles to stack in the adjacent rights- - of-way. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The proposal calls for a 2,942 sq.ft, child care facility. Trash generated each year by the proposed facility would be 10,297 pounds per sq.ft, per year or 5.15 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable policies were found. SECTION 2,4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Planning and Zoning Bo ~..~ Staff Report Conditional Use Approval - TLC Christian Academy Page 4 The subject property is bordered by R-lA (Single Family Residential) zone district to the south, west, and east; and CF (Community Facilities) to the north. The existing land uses to the south, west and east are single family dwellings, and to the north is a vacant parcel owned by the Cason Methodist Church. The child care facility will be located at.the end of the street adjacent to a vacant parcel owned by Cason Methodist Church. The placement of the playground areas along the northern side of the building adjacent to the vacant parcel will help buffer the noise from the adjacent residential dwellings. Pursuant to LDR Section 4.6.16(H)(3)(e) installation of trees 25' on center to create a solid tree line is required where commercial property abuts properties in residential use. This buffering requirement would apply along the south, west and east property lines and has been shown as such on the sketch plan. To further buffer the parking lot from the single family dwelling to the south, the hedge should be increased to 4 1/2' tall at the time of installation, and has been attached as a condition of approval. Based on the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use' request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following technical comments have been identified and will need to be addressed with the submission of the site plan. LDR Chapter 4.6 Supplementary_ District Regulations: Lighting: No provision for site lighting has been made. While it may not be appropriate to provide site lighting within the parking lot area, wall mounted flood lights on the sides of the building should be provided adjacent to the drop-off area and parking lot. Landscaping: While a continuous hedge has been provided along the south and east property lines, the hedge will need to be continued along the north and west property lines to help buffer the chain link fence and playground area. Ingress Point: It is unclear from the plans how the proposed ingress point from N.W. 2nd Avenue will tie into the existing pavement located within N.W. 2nd Avenue right-of- way. Provision of off-site improvement plans will be required with the site plan submission. Planning and Zoning Boa~',.-'.Jtaff Report (i. Conditional Use Approval - TLC Christian Academy Page 5 Unity. of Title: The development proposal represents 3 separately platted lots which will function as one develOpment. Thus, a unity of title tying the properties together will be required prior to issuance of a building permit. l i:.:.:.:.:i:.:.:.:.:.:.:.:...~:.:~:.:.:.:.:~...:~~.:.:.:.:.:.:.:.:~:.:.:.:.:~:~:i:i:.:.:fi:i:.:.:~:i:i:.:.:.:i:i:~:.~.:.:i:i:i:.:~:~:.~~:.:.:.:~. ..:~:.:~:~:.:.:~:~:.:.:.:~:.:~:.~.:.:.`..:~:.:.:~:.:.:.`..:.:~:i:~..:.:.:.:.:.:.:.:~:i.i:.:.:.:~i:~:.:...~:i:.:.:.:.:i::.:.~.:..`:.:~:.:.:i.i:~.:.:~:~..:~:.:~..:.:.:~:~:~:.:.:..~:i:i:.~:.:~:i~.:.:.:~:i~.:....~.:.:i.i:~:.:.:~::.:.:....:i..:.:.:.:.:.:.:.:~:~:i:T:.:~:~:~:.~.:.:.:.:~:.:.~.:.:.:i~.:.:.:~:~:.:.:.:.~:i:i:~:.:~:.:i.~:.:.:.~i.il The development proposal is located Within a geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA reviewed the development proposal at its meeting of April 25, lg96 and unanimously recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: · Lake Ida Homeowners Association · Seacrest Property Owners Association The proposed conditional use for the establishment of a child care facility within the R- lA district is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence. Planning and Zoning Bo~,.i,$taff Report ("' Conditional Use Approval - TLC Christian Academy Page 6 B. Recommend aPproval of the request for Conditional Use approval for T.L.C. Christian Academy, based upon positive findings with respect to Section .. 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for T.L.C. Christian Academy, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use for T.L.C. Christian Academy based upon positive findings, with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations. B. That the maximum enrollment for the child care facility be 54 students. C. That the hours of operation be limited to 6:30 a.m. to 6:00 p.m. D. That the hedge along the southern property line be 4 1/2' tall at the time of installation to buffer the adjacent residential dwelling from the parking lot. Attachments: Sketch Plan Report Prepared By: Janet Meeks. Senior Planner 24'-0' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JUNE 4, 1996 CONDITIONAL USE REQUEST/SOUTH PALM BEACH COUNTY JEWISH FEDERATION DATE: MAY 31, 1996 This is before the Commission to consider a Conditional Use request to allow the establishment of a community center/social club in the PC (Planned Commercial) District for the South Palm Beach County Jewish Federation. The subject property is located within the old PharMor building at Delray Square II shopping plaza on the northeast corner of Military Trail and Atlantic Avenue. The proposal is to develop a senior resource center for elderly persons consisting of four components; medical services, counseling and social services, educational and social services, and community services. At its meeting of May 20, 1996, the Planning and Zoning Board voted 6-0 to recommend approval of the Conditional Use request based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. Recommend approval of the Conditional Use request to establish a senior resource center for the South Palm Beach County Jewish Federation at the former PharMor Store at the Delray Square II Shopping Center. TO: DAVID T. HARDEN, CITY MANAGER THRU: DI MIN , DIR  ~ND ZONING FROM: ~J~E~',,~I~Y A. COSTELLO { S~II~R PLANNER SUBJECT: MEETING OF JUNE 4, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A COMMUNITY CENTER/SOCIAL CLUB FOR THE SOUTH PALM BEACH COUNTY JEWISH FEDERATION. The action requested of the City Commission is that of approval of a Conditional Use request to establish a community center/social club for the South Palm Beach County Jewish Federation, within the former Phar-Mor Store bay of the Delray Square Phase II Shopping Center. The subject property is located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue, at the east end of the Delray Square Phase II Shopping Center. The South Palm Beach County Jewish Federation was incorporated in November, 1979, and is a 501(C)(3) non-profit corporation. The South Palm Beach County Jewish Federation plans for philanthropic, social, cultural and educational advancement of the Jewish community and promotes cooperation and understanding between the various local Jewish organizations and the community at large. The proposal is to develop a Senior Resource Center for elderly persons who require a comprehensive array of services. The proposed facility involves the following four components: Medical Services; Counseling and Social Services; Educational and Social Services; and, Community Services. City Commission Documentation Meeting of June 4, 1996 South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 2 The proposal is to establish a community center/social club for the benefit of the South Palm Beach County Jewish Federation, within a 51,700 sq.ft, bay located at the east side of the shopping center, known as the Phar-Mor Store. The proposal involves interior improvements to the 51,700 sq.ft, bay to accommodate the following: I~1 1,700 sq.ft. - general office r~ 1,100 sc.ft. - snack bar [] 4,000 sq.ft. - medical diagnostic [] 2,200 sc.ff. - art/sculpture [] 4,800 sq.ft. - social services [] 1,178 sc.ft. - kitchen [] 8,700 sq.ft. - community center [] 1,178 sc .ft. - storage [] 6,800 sq.ft. - physical rehab and fitness [] 2,400 sc .ft. - class rooms [] 6,000 sq.ft. - multi-purpose Q 5,000 sc.ft - bingo There will be both member and non-member activities at the facility. The Center will operate Daily, except for the Sabbath - 8:00 A.M. to 10:00 P.M., with the fitness center component to be open 7:00 A.M. to 10:00 P.M. There will be a staff consisting of 34 full-time and 3 part-time employees. An analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of May 20, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After minimal discussion, the Board voted 6-0 (Bird absent) to recommend to the City Commission approval of the Conditional Use request to establish a community centedsocial club based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. Approve the Conditional Use request to establish a community center/social club for the South Palm Beach County Jewish Federation based upon the findings by the Planning and Zoning Board. Attachment: Board Staff Report and Documentation of May 20, 1996 PLANNING AND ZONING BOARD ---STAFF REPORT--- CITY OF DELRAY BEACH, MEETING DATE: May 20, 1996 AGENDA ITEM: V.B. ITEM: Conditional Use Request to Allow the Establishment of a Community Center/Social Club for the South Palm Beach County Jewish Federation within the Old Phar-Mor bay of the Delray Square Phase II Shopping Center, located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue. ~ST ATLAN~C A~NUE k I (S.E. 806) GENERAL DATA: Owner ...................................................... Charles Moosa ApplicantJContract Purchaser .................. SPBCJF Land Holding Corporation Agent ....................................................... Richard Siemens Siemens Realty Group Location ................................................... Within the old Phar-Mor bay of the Delray Square Phase II Shopping Center, located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue. Property Size ........................................... 6.11 acres - 51,700 sq.ft, bay and adjacent parking areas 20.32 acres - Delray Square Shopping Center Phase II Future Land Use Map Designation ........... General Commercial Zoning Designation .................................. PC (Planned Commercial) Adjacent Zoning ............................. North: GC (General Commercial), A (Agricultural) and R-1-A (Single Family Residential) East: POC (Planned Office Center) South: PC&GC West: PC Existing Land Use .................................... Existing vacant 51,700 sq.ft, retail bay formerly occupied by Phar-Mor Proposed Land Use .................................. Establishment of a community center/social club within the vacant 51,700 square foot bay to provide a variety of services for the elderly. Water Service .......................................... Existing on site. Sewer Service .......................................... Existing on site. V.B. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a community center/social club for the South Palm Beach County Jewish Federation, within the former Phar-Mor Store bay of the Delray Square Phase II Shopping Center. The subject property is located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue, at the east end of the Delray Square Phase II Shopping Center. This property has an extensive land use history which dates back to 1976, at which time a Water Service Agreement was approved between the City of Delray Beach and Delray Square Associates, Ltd., for the City to provide water service to the Delray Square shopping center. Phase I of Delray Square (Publix, Movie Theatre) was constructed in 1976. Phase II (Zayre/Ames) was constructed in 1987, with the east portion of the shopping center (Phar-Mor) being constructed in 1989. On October 24, 1989, the subject property was annexed into the City of Delray Beach with a zoning designation of GC (General Commercial). With the Citywide rezoning of 1990, the Delray Square shopping center was rezoned to PC (Planned Commercial). There have been site plan modifications processed for Delray Square which include minor additions and alterations to the shopping center. The following is the most recent land use action that relates to the property. On October 26, 1993, the City Commission granted conditional use approval to establish a 240 seat bingo hall for the Multiple Sclerosis Foundation within the 6,000 sq.ft, bay formerly occupied by the Phar-Mor liquor store. The applicant subsequently requested that the conditional use approval be rescinded as the bingo hall was seeking approval through Palm Beach County to locate within the Marketplace at Delray shopping center, at the northwest corner of Atlantic Avenue and Military Trail. The bingo hall received special exception approval through Palm Beach County to establish a bingo hall, however, the use was never established and the approval has since expired. The subject bay is 51,700 sq.ft, and is currently vacant. The bay was formerly occupied by Phar-Mor which vacated the site in 1993. The bay was briefly occupied by Value Time/Fashion Time, which vacated the site in 1995. On April 5, 1996, a Conditional Use request was submitted to establish a community center/social club P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 2 within the subject bay of the Delray, Square (Phase II) shopping center and is now before the Board for action. The South Palm Beach County Jewish Federation was incorporated in November, 1979, and is a 501(C)(3) non-profit corporation. The South Palm Beach County Jewish Federation plans for philanthropic, social, cultural and educational advancement of the Jewish community and promotes cooperation and understanding between the various local Jewish organizations and the community at large. The proposal is to develop a Senior Resource Center for elderly persons who require a comprehensive array of services. The proposed facility involves four components: Medical Services to include rehabilitation services, diagnostic services, and a wellness clinic which would be staffed and operated by licensed medical providers. Counseling and Social Services which would include intake and referral, counseling and case management. These services would be provided by clinicians of the Ruth Rales Jewish Family Service, and agency of the Federation. Educational and Social Services which would include a sports, health and fitness center to address the physical health and well being of the elderly, classrooms and a library for educational experiences and a food and nutrition program where hot meals and nutritional counseling would take place daily. The arts and crafts area will provide opportunities for creative growth and expression. Community Services which would include a Volunteer Services program. Volunteer Services would interview and place volunteers (i.e. teachers, tutors, social workers, grandparents, and para-chaplains) with the agencies and programs that match their interests, skills and needs to be part of the community. · .... The proposal is to establish a community center/social club for the benefit of the South Palm Beach County Jewish Federation, within a 51,700 sq.ft, bay located at the east side of the shopping center, known as the Phar-Mor Store. The proposal involves interior improvements to the 51,700 sq.ft, bay to accommodate the following: I~l 1,700 sq.ft. - general office [] 1,100 sq.ft. - snack bar Q 4,000 sq.ft. - medical diagnostic [] 2,200 sq.ft. - art/sculpture [] 4,800 sq.ft. - social services I~l 1,178 sq.ft. - kitchen Q 8,700 sq.ft. - community center I~1 1,178 sq.ft. - storage I~ 6,800 sq.ft. - physical rehab and fitness I~1 2,400 sq.ft. - class rooms ~ 6,000 sq.ft. - multi-purpose ~ 5,000 sq.ft - bingo P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 3 There will be both member and non;member activities at the facility. The Center will operate Daily, except for the Sabbath - 8:00 A.M. to 10:00 P.M., with the fitness center component to be open 7:00 A.M. to 10:00 P.M. There will be a staff consisting of 34 full-time and 3 part-time employees. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.l.l of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and a PC (Planned Commercial) zoning designation. The PC zoning designation is consistent with the General Commercial land use designation. Within the PC zone district, the conditional uses of the GC (General Commercial) zone district are applicable. Pursuant to LDR Section 4.4.9(D)(6) [ref. Section 4.4.12(D)], within the PC zone district, clubs and lodges; social, fraternal and recreational, are allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. It is noted that this proposal includes a bingo hall aspect which typically requires conditional use approval. However, as the proposed bingo aspect is being considered along with the community center/social club, a separate conditional use approval for the bingo hall is not required. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal is to occupy a vacant bay within an existing shopping center. Adequate water and sewer services, as well as drainage retention areas, were provided with development of the shopping center and are existing on-site. The proposed use will not have an impact on the City's ability to provide adequate levels of service (i.e. water, sewer, drainage, solid waste, and parks and recreation facilities). With respect P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 4 to traffic concurrency, a traffic study, was submitted projecting that the conversion of 51,700 sq.ft, community center/social club will have a net reduction in trip generation of 1,331 trips per day compared to the previous retail use. The site is vested for the higher trip generation level (retail - 7,114 trips per day). Based upon the above, a positive finding can be made with respect to Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use_) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. As the proposed use will occupy a vacant bay which is internal to the Delray Square Shopping Center, there will be no impacts on adjacent properties. With respect to the adjacent tenants, there is a concern with respect to the availability of parking as a result of the bingo aspect of the facility. However, the Delray Square (Phase II) shopping center contains approximately 1,100 parking spaces with approximately 350 spaces in the general vicinity of the subject bay. Further, the bingo aspect will operate primarily during the evening hours, when a majority of the tenants will be closed. There is a sufficient number of parking spaces in the immediate area to accommodate the evening demands of the proposed facility as well as the adjacent movie theatre located to the south in the Delray Square Phase I shopping center. Based upon the above, there is an adequate number of parking spaces to accommodate the community center/social club as well as other tenants. The demand on parking should be similar to the previous retail use. The proposed use will not hinder development or redevelopment of nearby properties. While the shopping center currently has a large vacancy rate (64%), the use may help P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 5 to attract other businesses into the center, which has had difficulty attracting tenants to occupy the large number of vacant bays. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Floor Plan With the Conditional Use request, a floor/sketch plan was submitted and reviewed by staff. The floor plan provides general information with regard to the location of the different service and activity areas. However, this basic floor plan will be subject to changes upon further planning by the Federation in order to more efficiently utilize space and to accommodate the most critical needs. Thus, the submitted sketch/floor plan does not provide specific details with respect to fire and building code requirements which include occupancy load, handicap accessibility, and fire protection. If the conditional use request is approved, a detailed floor plan prepared by a registered architect will need to be provided with the submittal of the building permit application. Once the details are reviewed, additional requirements relating to utilities, building code and fire code items may be imposed. Subdivision Plat The Federation is under contract to obtain fee-simple ownership of the subject bay as well as adjacent parking, landscape, and drainage areas of the Delray Square Phase II shopping center. As the above areas consist of approximately 6 acres of an overall 9.37 acre parcel of land, a subdivision plat must be approved and recorded. The plat is to include cross parking, access and drainage agreements/easements as well as appropriate utility easements. The applicant has submitted an application for boundary plat approval, which is currently being processed. Elderly ServiCes Needs Recent demographic studies have revealed that south Palm Beach County has the oldest Jewish community in North America, 76% of which are over the age of 60. In the greater Delray Beach area, 93% are 60 and over, and 38% are over 75 with a median age of 73. Further, 28% percent of Jewish households in the Delray Beach area contain a disabled person; and 15% of elderly households need home health care. Based upon these statistics, the South Palm Beach County Jewish Federation determined that a satellite facility is necessary to provide adequate services to the elderly in this area. The proposed site provides an excellent location for this facility as it is easily accessible and is located within the geographical area where a majority of the elderly population resides. P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 6 The development proposal is not located within a geographical area requiring review by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), or Historic Preservation Board (HPB). Site Plan Review and Appearance Board The proposal involves an existing commercial bay with exterior modifications to the facade. The proposed architectural modifications will require review and approval by the SPRAB (Site Plan Review and Appearance Board). Special Notice: Special Notice has been provided to the following civic and homeowner's associations: [] High Point [] High Point of Delray West r3 Sunset Pines El Highland Trailer Park [] Progressive Residents Of Delray (PROD) El Delray Property Owners [] Tenants of Delray Square (Phase II) shopping center. Public Notice: Formal public notice has been provided to property owners within a 500 ft. radius of Delray Square, Phase II. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. There is sufficient parking on the site to accommodate the proposed community center/social club as well as other tenants/uses in the shopping center, and will be less impacting with regard to traffic than the previous retail use. The proposed use may help to attract other businesses into the center, which has had difficulty attracting tenants to occupy the large number of vacant bays. Also, the use will fulfill the need to provide elderly services in the Delray Beach area. P & Z Board Staff Report South Palm Beach County Jewish Federation Community Center/Social Club - Conditional Use Approval Page 7 Establishment of this use will require internal modifications to the commercial bay. With review of the building permit application, additional requirements may be imposed. The proposal calls for exterior modifications to the facade which will require review and approval by SPRAB. 1. Continue with direction. 2. Recommend approval of the Conditional Use request for a community center/social club based upon positive findings with respect to Chapter $ (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. 3. Recommend denial of the Conditional Use request for a community center/social club based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations. Recommend approval of the Conditional Use request for a community center/social club based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. Staff Report prepared by: Jeff Costello. Senior Planner Attachments: El Location Map El Site Plan El Floor Plan BARRETT ST. BOYS ~ · ' FARMERS ~- !~ I N G S L A N D MARKET , p I N E $ FRANCES DR. END PLAZA --J ELLWOOD DR. < FR~NIFOOD r~' i FRANWOOD DR. ,- K.F.C. ' I I I IPII IN IEISl CANAL L-55 ~lll~ I 1\\\\\ ~'- PINE G~O~LOR. DELRA Y ALLIANCE CHURCH +~g GREAT FIRST ~STERN UNION WEST A T L A N T I C A V E N U E ~ I BARNETT ~ ~ANK ~ o ~ DELRA Y BABY ~ , ~ST ~ SOUTH PALM BEACH COUNTY ..A..,.o o~...,,,~., JEWISH FEDERATION C~T~ O~' OELRAY lIE^CH, rt --- OIGI[~4~ 8,ASE ti, Ap SrsrE~ -- ~o REF: LMosg ~ ~ MEMORANDUM ! TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ ~ - REGULAR MEETING OF JUNE 4, 1996 CONDITIONAL USE REQUEST/RESOURCE RECOVERY FACILITY FOR THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY DATE: MAY 31, 1996 This is before the Commission to consider a request from the Solid Waste Authority for conditional use approval to establish a resource recovery facility (South County Materials Recycling Facility) to serve the area from Boynton Beach to Boca Raton. The use is proposed for a 5.86 acre parcel of land located on the east side of Congress Avenue, approximately 1,800 feet north of Atlantic Avenue. It is zoned MIC (Mixed Industrial and Commercial) District. Please refer to the documentation from the Planning and Zoning Department for an analysis of the request and a detailed narrative describing the operation. The Planning and Zoning Board considered this matter at public hearing on March 18, 1996, at which there was substantial public opposition. Concerns were expressed about potential adverse traffic impacts, decreased property values, the siting of another regional facility in the City to further deplete the tax base, possible noise and odor problems, and the negative effect of this use on the City's image. After lengthy discussion, the Board voted 5 to 0 to recommend denial based upon a failure to make positive findings with respect to LDR Section 2.4.5(E)(5) [Conditional Use Findings] that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties and may hinder development and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. Since that time, representatives of the Solid Waste Authority have met with City officials to further discuss the proposal. This activity, along with other information, is outlined on pages 3 thru 5 of the City Commission documentation report from the Planning Department. Recommend consideration of the request to establish a resource recovery facility for the Solid Waste Authority of Palm Beach County. ref:agmemol0 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, D~,',~CT~R ZONING FROM: J/IE~7~Y A. COSTELLO ~ E{~ 1~31~ PLANNER SUBJECT: MEETING OF JUNE 4, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE RECOVERY FACILITY (SOUTH COUNTY MATERIALS RECYCLING FACILITY) FOR THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY. The action requested of the City Commission is that of approval of a Conditional Use request to establish a resource recovery facility (South County Materials Recycling Facility) for the Solid Waste Authority of Palm Beach County on a 5.86 acre parcel of land zoned MIC (Mixed Industrial and Commercial). The subject property is located on the east side of Congress Avenue, extending east of N.W. 18th Avenue, approximately 1,800 feet north of West Atlantic Avenue. The Solid Waste Authority wishes to establish a resource recovery facility [South County Materials Recycling Facility (SMRF)] to serve the area from Boynton Beach to Boca Raton. The recyclable materials which are now delivered to the transfer stations at Linton Boulevard and S.W. 4th Avenue, and Lantana Road and 1-95, and transported to the North County Facility at Jog Road and 45th City Commission Documentation Meeting of June 4, 1996 South County Materials Recycling Facility - Conditional Use Approval Page 2 Street in West Palm Beach, would instead be delivered directly to this facility and processed. The development proposal includes the following: Construction of a 50,160 sq.ft, resource recovery facility consisting of 40,600 sq.ft, processing component, a 2-story 9,260 sq.ft. personnel/administrative component, and a 300 sq.ft, scalehouse with scale (70 ton capacity); Installation of a 54-space parking lot and a bus drop-off/parking area in the front (west side) of the facility, adjacent to Congress Avenue, and a 13-space employee parking area on the parcel east of N.W. 18th Avenue along with a 6-space semi-trailer (shipment vehicle) staging area; and, Installation of associated landscaping and drainage retention areas. When the facility is operating at its full capacity which is estimated to occur in 2015, the proposed use will generate 650 average daily trips with 234 delivery vehicles and 31 semi-trailers. The receiving area will be located on the north side of the building and the shipping/Ioadout area will be located on the south side of the building. The truck circulation pattern will be an oval 30' wide drive so that delivery and shipment trucks have adequate stacking distance and circulation while waiting for vehicles to unload or load. As previously stated the east parcel will be utilized for the staging of shipment vehicles and employee parking with the ability to access the railroad for shipment of materials in the future. An analysis of the request and a detailed narrative describing the operation is found in the attached Planning and Zoning Board Staff Report. At its meeting of March 18, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was a video presentation of the existing operation at the Solid Waste Authority complex at 45th Street and Jog Road in West Palm Beach, and computer graphics showing how this facility would look once constructed. There was a substantial amount of public testimony taken opposing the conditional use request. The objections were made by surrounding industrial and residential property owners stating that: the additional truck traffic generated from the proposed use along with the Palm Tran bus terminal would create adverse traffic impacts along Congress Avenue as well as at the intersection of City Commission Documentation Meeting of June 4, 1996 South County Materials Recycling Facility - Conditional Use Approval Page 3 Congress and Atlantic Avenues; the surrounding property values would decrease; the City has its fair share of County facilities and that the proposal would further deplete the City's tax base; the use would generate odors and noise; and the use along Congress Avenue would negatively affect the desired image of the City. A representative of the abutting property owner to the north (Noland Supply) stated at the hearing that if the conditional use is approved, Noland would not proceed with its approved plans for a 2.5 million dollar construction of an addition to its existing Delray Beach facility. There was no public testimony supporting the proposal. The Board discussed the item at length. The Board had concerns with potential traffic problems and felt that the addition of another regional facility did not fulfill a remaining City land use need. There were also some concerns expressed regarding the potential for hindering development and redevelopment of properties in the area. The Board then voted 5-0 (Schmidt absent) to recommend to the City Commission denial of the Conditional Use request to a establish a resource recovery facility (South County Materials Recycling Facility) based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties and may hinder development and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. In the time since the Planning and Zoning Board hearing, representatives of the Solid Waste Authority have met with City officials regarding measures to compensate the City for the loss of tax revenue and discuss intersection improvements at Congress and Atlantic Avenues. Written verification regarding such compensation has not been provided, however, a sketch has been submitted indicating how the length of the left turn lanes at the Congress and Atlantic intersection could be increased to accommodate additional stacking for truck traffic. It is likely that the Solid Waste Authority will present an alternative proposal to the City Commission that will include measures to address the traffic and tax revenue issues. Subsequent to the Planning and Zoning Board meeting, the Planning Department received letters from the following people objecting to the proposal: City Commission Documentation Meeting of June 4, 1996 South County Materials Recycling Facility - Conditional Use Approval Page 4 Date Name Affiliation 4/01/96 Arthur P. Antin Sherwood Forest Homeowners Association 4/04/96 Petition Villas of Rainberry Lakes residents 4~04~96 Jerome Sadofsky Pines of Delray North 4/18/96 S.Q. Groover, Pres. Noland Properties, Inc. 5/01/96 Ruth Silverman Rainberry Lake 5~07~96 Lillian Feldman Delray Property Owners 5/15/96 Selma H. Rosenblum Rainberry Lake 5/16/96 Joe Saviano, Pres. Commercial Funding Corp. 5~20~96 Beatrice Aiden Rainberry Bay 5/21/96 Ruth Silverman Rainberry Lake A. Continue with direction and concurrence. B. Approve the conditional use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the "Technical Items" listed in the Staff Report; 2. That prior to issuance of a Certificate of Occupancy, the stacking (queuing) distance of the left turn lanes must be increased to the greatest extent possible; 3. That prior to issuance of a Certificate of Occupancy, the exclusive right turn lane must be installed; 4. That extensive buffering including berming be provided along Congress Avenue. C. Deny the Conditional Use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensity of the facility will have a detrimental effect on City Commission Documentation Meeting of June 4, 1996 South County Materials Recycling Facility - Conditional Use Approval Page 5 adjacent properties, and that the use may hinder development and redevelopment of those properties, and failure to make positive findings 'with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan. If the proposal that is presented to the City Commission by the Solid Waste Authority is substantially the same as the request presented to the Planning and Zoning Board: deny the Conditional Use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties, and that the use may hinder development and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. If the proposal includes specific measures to address some of the concerns raised at the Planning and Zoning meeting, the City Commission should consider those measures in light of how they affect the following necessary findings: A. That the proposal will not hinder development or redevelopment of nearby properties (including traffic impacts); and, B. That the development fulfills the remaining City land use needs. Attachments: P & Z Board Staff Report and Documentation of March 18, 1996 (Note: The Planning and Zoning Board staff report has been revised from the original staff report, to correct and clarify information regarding existing public facilities) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 18, 1996 AGENDA ITEM: V.C. ITEM: Conditional Use Request to allow the establishment of a "Resource Recovery Facility" by the Solid Waste Authority to be known as the South County Materials Recycling Facility, Located on the East Side of N. Congress Avenue, approximately 1,800 feet north of Atlantic Avenue (Continued from February 26, 1996 Meeting). GENERAL DATA: Owners ........................... Rinker Material Corp. & Solid Waste Authority of Palm Beach County Applicant ......................... Solid Waste Authority of Palm Beach County Agent .............................. Sam Barker S. Barker & Associates Location .......................... East side of Congress Avenue with a portion extending east of N.W. 18th Avenue, approximately 1,800 ft. north of Atlantic Avenue. Property Size .................. 5.86 acres Future Land Use Map ..... Commerce Current Zoning ................ MIC (Mixed Industrial and Commercial) Adjacent Zoning .... North: MIC: East: MIC South: MIC West: MIC Existing Land Use ........... Vacant land Proposed Land Use ........ Construction of a 50,160 sq.ft. "resource and recovery facility"/recycling facility for the Solid Waste Authority of Palm Beach County with assOciated parking and landscaping. Water Service ................. Available via extension of an 8" main from an existing main at Dr. Carol Krol Way and Congress Avenue, 350 feet north of the site Sewer Service ................. Available via installation of an 8" sewer main within N.W. 18th Avenue, which will connect to lift station #107, approximately 600 feet north of the site. V.C. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a resource recovery facility (South County Materials Recycling Facility) for the Solid Waste Authority of Palm Beach County, pursuant to Section 2.4.5(E). The subject property is located on the east side of Congress Avenue, extending east of N.VV. 18th Avenue, approximately 1,800 feet north of West Atlantic Avenue. The subject property consists of three unplatted parcels with a total of 5.86 acres. The overall property is split into 2 parcels: Parcel I is the primary parcel consisting of 5.23 acres located between Congress Avenue and N.VV. 18th Avenue; and Parcel II is the remaining 0.63 acre portion of the property, located on the east side of N.W. 18th Avenue, adjacent to the Seaboard Coastline Railroad. Parcel I The property was annexed into the City of Delray Beach on February 11, 1963 with the C-3 (Wholesale and Light Industrial) zoning designation. In 1972, the property was rezoned to HI (Heavy Industrial). In 1974, a concrete batchplant (Rinker concrete) was constructed on the property. The southerly 1.72 acres of the property remained vacant. In 1976, the property was rezoned to MI (Medium Industrial). In 1985, the concrete batch plant was demolished. The property was most recently utilized for the storage of construction materials and equipment associated with the 1-95 widening and Congress Avenue interchange projects which were completed in 1994. On October 9, 1990, the south 1.72 acres received site plan approval for Congress Industrial Service Center, a 29,000 sq.ft, multi-tenant structure which would house a mix of industrial, warehouse and office uses. Subsequently in 1991, the plat was approved, however, the development was never constructed. On July 11, 1995, the City Commission approved a conditional use request to establish an ornamental stone cutting facility on the property for Finnish Granite Group, Inc., however, the applicant did not pursue site plan approval. Parcel II The east 0.63 acres was originally part of an overall 5.21 acre parcel annexed into the City on February 9, 1982 with the MI (Medium Industrial) zoning designation. The property has remained vacant since. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 2 In October, 1990, with the Citywide Rezoning and adoption of the Land Development Regulations, the above parcels were rezoned from MI to MIC (Mixed Industrial and Commercial). - On January 5, 1996, a request (application) for Conditional Use approval was submitted to establish a "resource recovery facility" on this site to be known as South County Materials Recycling Facility for the Solid Waste Authority of Palm Beach County and is now before the Board for action. The item was originally scheduled for Board action at its February 26, 1996, however, the applicant requested continuation of the item to the March 18th meeting in order to allow time to address staff concerns. The 8olid Waste Authority wishes to establish a resource recovery facility [South County Materials Recycling Facility (SMRF)] to serve the area from Boynton Beach to Boca Baton. The recyclable materials which are now delivered to the transfer stations at Linton Boulevard and S.W. 4th Avenue, and Lantana Road and 1-95, and transported to the North County Facility at Jog Road and 45th Street in West Palm Beach, would instead be delivered directly to this facility and processed. The development proposal includes the following: I~ Construction of a 50,160 sq.ft, resource recovery facility consisting of 40,600 sq.ft, processing component, a 2-story 9,260 sq.ft. personnel/administrative component, and a 300 sq.ft, scalehouse with scale (70 ton capacity); I~1 Installation of a 54-space parking lot and a bus drop-off/parking area in the front (west side) of the facility, adjacent to Congress Avenue, and a 13-space employee parking area on the parcel east of N.W. 18th Avenue along with a 6-space semi-trailer (shipment vehicle) staging area; and, Q Installation of associated landscaping and drainage retention areas. When the facility is operating at its full capacity which is estimated to occur in 2015, the proposed use will generate 650 average daily trips with 234 delivery vehicles and 31 semi-trailers. The receiving area will be located on the north side of the building and the shipping/Ioadout area will be located on the south side of the building. The truck circulation pattern will be an oval 30' wide drive so that delivery and shipment trucks have adequate stacking distance and circulation while waiting for vehicles to unload or load. As previously stated the east parcel will be utilized for the staging of shipment vehicles and employee parking with the ability to utilize the railroad for shipment of materials in the future. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 3 The applicant has submitted a detailed narrative which describes the various components of the proposed facility. The following is a summary of the aspects which relate to the processing operation: The SMRF will be a multi-material separation and processing facility which will be designed to receive and process an average of 600 tons of recyclables per day. The SMRF will have a mixed paper process system for paper products including newspaper and paper inserts, corrugated cardboard boxes, brown bags, magazines and catalogs, and mixed paper. The SMRF will also handle commingled materials including aluminum cans, foil and pie plates, clear, brown and green glass bottles and jars, plastic containers, milk and juice cartons, and drink boxes. All paper and commingled recyclable materials will be delivered to this facility. At this time, only the paper will be processed and shipped to buyers (paper companies). Initially, the commingled recyclables will be delivered to this site and transferred via semi-trailer to the North County Materials Recycling Facility. By the year 2002, the facility will process commingled materials with the facility operating total capacity by the year 2015. The schedule is subject to change as the quantity of commingled materials increases. Receiving end T(Dping Area: The receiving and tipping area is at the north end of the SMRF Process Building. The a#ea allows receipt of individual streams of paper and commingled container recyclables as delivered to the SMRF by municipal and commercial haulers. The design includes up to three (3) days of storage before processing. A maximum of four (4) vehicles can unload material on the tipping floor simultaneously. All common types of recyclables collection vehicles can be accommodated on the tipping floor. Processing Area: The processing system planned for the South County Materials Recycling Facility (SMRF) will be most efficient and automated recycling system available. The entire system will be custom designed to process the variety of targeted source-separated paper and commingled container recyclables delivered to the facility. Approximately 70% of the material will be automatically sorted without sacrificing quality of the recovered products. The remaining material will be sorted manually on elevated sorting platforms in the processing area of the facility. The system will process the paper and commingled recyclables through two independent sorting and processing lines. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 4 Recovered Materials Storage and Shipment: Following processing of the recyclable material into the different types of recovered material, each type of material is baled for shipment. Storage of these bales are inside the Processing Building at the south end of the building. When bales of processing material are sufficient to provide a full trailer load, loading of shipment vehicles takes place at one of the four loading docks located at the south end of the building. A forklift will be used to maneuver the bales into the trailers. The paper aspect involves the loading of baled and unbaled (loose) material. Hours of Receiving: Receiving hours of the SMRF will follow the same schedule as the South County Transfer Facility (7:00 a.m. to 5:00 p.m.) for Monday through Friday and 7:00 a.m. to 12:00 p.m. on Saturday. Receiving days will be Monday through Saturday, with no Sunday receiving. If different, the Solid Waste Authority will coordinate schedules with the City of De/ray Beach. Holidays will be observed on the same schedule as the South County Transfer Facility and no receiving will take place on Authority designated holidays. Hours of Operation: The facility will operate so that the processing of material will satisfy the Authority's collection of recyclables from the southern portion of Palm Beach County. Hours of operation for the SMRF will be 7:00 a.m. to 3:00 p.m., Monday through Friday. If material quantities increase beyond a one-shift capacity, a second-shift will be added. Second shift hours will be 3:00 p.m. to 11:00 p.m. for the second shift. Saturday work during slower season will be limited to one half shift 7:00 a.m. to 12:00 a.m. During peak capacity months (Winter) the plant will operate from 7:00 a.m. to 3:00 p.m. for the first shift and 3:00 p.m. to 11:00 p.m. for the second shift. Saturday hours in the peak of capacity season will be 7:00 a.m. to 3:00 p.m. Hours of operation are subject to change based on material deliveries. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 5 CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) - Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone - district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commerce and is zoned MIC (Mixed Industrial and Commercial), which are consistent with each' other. Pursuant to LDR Section 4.4.19(D)(7), within the MIC zone district, a resource recovery facility is allowed as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: [] Water service will be provided via installation of an 8" main along the west side of the property, adjacent to Congress Avenue, from an extension of an existing 8" main located at the intersection of Congress Avenue and Dr. Carol Krol Way (350 feet north of the site). The main will be extended to the south property line. In order to loop the system and maintain system integrity, 8" mains will be extended eastward along the north and south sides of the subject property to connect to an existing 8" main along N.W. 18th Avenue. Along the mains, fire hydrants will be provided every 300 feet. In order to extend the main from Dr. Carol Krol Way, the main must be installed across the property to the north, which requires that an easement be obtained from the adjacent property owner. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 6 Sewer service will be provided via installation of an 8" sewer main within N.W. 18th Avenue from the south end of the property 600' northward to an existing lift station (L.S. 107). The system is to be designed with sufficient depth to accept service from properties to the south. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Regional Waste Water Treatment Plant for the City at build-out. DraJnacle: The sketch plan indicates that drainage is to be accommodated on site via the combination of an exfiltration system and retention areas, with an outflow into the Congress Avenue drainage system. In order to connect to the Congress Avenue system, a right-of-way and drainage permit from Palm Beach County will be - required. There are no problems anticipated in complying with SFWMD requirements nor obtaining the required surface water permit. If the conditional use request is approved, a paving and drainage plan along with drainage calculations must be provided with the site plan submittal. Streets and Traffic: A traffic impact study was submitted indicating that the proposed use will generate 650 average daily trips onto the surrounding roadway network. Congress Avenue operates at Level of Service C with 30,394 average daily trips during the peak- season and 26,686 trips on an average annual basis. The traffic impact study complies with the Palm Beach County Traffic Performance Standards Ordinance. However, there are some~concerns with respect to the impacts the trucks will have at the Congress and Atlantic intersection as well as the right turn truck movements entering the site. Southbound Congress Avenue Left Turn Lanes: While the traffic study does comply with the Traffic Performance Standards Ordinance, there are concerns that this facility in addition to the Palm Tran Satellite Facility (Bus Terminal) would severely impact the stacking distance (queuing) of the southbound dual left turns lanes at the Congress and Atlantic intersection. The primary route to the facility will be 1-95 to Atlantic Avenue and north on Congress Avenue and vice versa exiting the site. A traffic study was conducted on the left turn signal at the intersection. The traffic study attributed an additional 10% traffic volume caused by the diversion of trips due to the Lake Ida Road widening project. The study also indicates that approximately 35% of the time during the peak season, the stacking distance of the turn lanes is insufficient to accommodate the traffic volumes during the AM peak hour (7:45 AM - 8:45 AM). During AM peak hour average annual conditions, the stacking distance of the turn lanes is insufficient to accommodate the peak hour traffic volumes approximately 13% of the time (per City Traffic Consultant this is 35% of the time). It is important to note Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 7 that this current situation does not include bus traffic from Palm Tran nor the anticipated 530 daily truck trips from this facility. The traffic study concludes that increasing the queuing of the left turns lanes is not necessary. The applicant's contention is that the queuing should not be developed in response to peak traffic periods, however, staff notes that the peak period breaks down to roughly one-third of the year. It is noted that the Congress/Atlantic intersection is heavily used by school buses, from the school bus terminal on Congress Avenue in Boynton Beach. Many of the school buses take 1-95 and utilize the westernmost left turn lane, adjacent to through lanes, to have easy access to the southbound 1-95 ramp. Field visits indicate that stacking in the westernmost left turn lane impedes traffic from accessing the easternmost left turn lane which results in further reducing the capacity of the dual turn lane forcing - vehicles to back into the through lanes. It is reasonable to assume that the trucks from this facility will also favor the westernmost turn lane. The ability to expand these turn lanes (lengthening storage capacity) is limited as the turn lane for N.W. 1st Street begins just north of the left turn lanes. In order to address staff's concerns, the Solid Waste Authority has stated that a preliminary review of the Congress and Atlantic intersection was conducted and indicates that the left turn storage lanes can be extended 100 feet for the two left turn lanes which would provide a total storage length of 300 feet resulting in a 50% increase in storage capacity. The City's Traffic Consultant and Palm Beach County Traffic Division reviewed the traffic study and had the following concerns: the actual traffic may be understated given the high diversion credit of 10% taken for the Lake Ida Road construction (5% is considered more realistic); and the capacity of the existing left turn lane is noted as 16 cars while field studies indicate a failure at 14 vehicles. This 14 vehicle capacity should be utilized as the maximum storage capacity. Given these two factors the failure rate during PM peak hour/peak season will increase from the current 18% (without project) to 39% (with project) and the average annual (non- peak) failure rate will increase from 9% (without project) to 31% (with project). The existing 200 foot dual left turn lanes have a total capacity of 14 cars. Based upon field visits, and given the current Congress Avenue right-of-way width and existing conditions, there is insufficient width to accommodate additional queuing/stacking area for both the dual left turn lanes for an additional 100 feet. The possibility does exist, however, to extend one of the lanes (the westernmost lane) to accommodate additional cars. Utilizing a maximum storage length of 300' the additional 100' for a single turn lane would accommodate an additional 4 vehicles. It is not clear whether the County would allow an improvement of this nature, which does not meet its design criteria. Also, the expansion of the turn lane would require removal of existing mature landscaping within the Congress Avenue median consisting primarily of Royal Palms, shrubs and ground covers. This landscaping was installed as part of the City's Congress Avenue Beautification Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 8 Project and funded by the City of Delray Beach. Elimination of this landscaping would be contrary to the City's desire to improve its image along arterial roadways, especially this corridor. _ Based upon the above, the proposed facility will further exacerbate a substandard situation. If the Conditional Use is recommended for approval, it should be conditioned on the extension of the left turn lanes to the greatest extent possible. Deceleration/Right Turn Lane: The original traffic study indicates the number of vehicles making right turns into the site is close to the threshold of 75 vehicles used by the County to warrant a deceleration lane. Given the number of trucks entering the site from northbound _ Congress Avenue, along with their size and slower speeds, there is a need for a right turn lane. This improvement will require the dedication of right-of-way from the subject property as well as the property to the south. If the Conditional Use is approved, the improvement must be installed prior to issuance of a Certificate of Occupancy. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the proposed 49,860 sq.ft, facility would be 1.8 pounds per 1,000 sq.ft, or 45 tons per year associated with the office/administrative functions of the site. There also will be additional waste related to the operation, that of non recyclable material which is to be removed and placed in compactor dumpsters which will be removed from the site periodically. The trash generated by this proposal can be accommodated by existing landfill facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 9 Future Larld Use Element Ob.iective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs.- Physical Considerations The property has been disturbed and there are no physical conditions that would prevent development of the property. Complementary With Adjacent Land Uses The building's administrative/personnel component is to be located on the west - side of the building facing Congress Avenue and the landscaping is to exceed code requirements. The use is more intense than other permitted and conditional uses allowed in the MIC zone district in terms of the amount of truck traffic. Throughout the day trucks will be visiting the site and a large portion of the operation involves the maneuvering and staging of the vehicles on the site. A significant amount of noise will be associated with this truck traffic as well as the dumping and loading of materials. This noise will include the loud piercing back-up alarm on loading vehicles. Specific information regarding the anticipated levels of noise from the facility are discussed on page 13 of this report. The nearest residential uses are the Sudan subdivision, approximately 650 feet west and the proposed Club Delray development approximately 800 feet to the northwest. Fulfills Remaining Land ~Use Needs The facility does not appear to fulfill a remaining land use need for the City. As described below, the City has a large number of existing government owned or funded facilities in the City that serve the entire south County area, including Boynton Beach, Boca Raton, and unincorporated Palm Beach County. While these facilities provide a benefit to a large area, they remove taxable land from the property tax rolls, thus, resulting in a loss of tax revenue for the City. Existing Palm Beach County and Regional Facilities If the conditional use is approved, an additional 5.68 acres of land will become nontaxable and thus, further deplete the City's tax base. The following are the existing Palm Beach County and other regional facilities which are located in the City of Delray Beach along with their locations and acreage: Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 10 Approximate Facility Location Acreage [] South County Regional Waste East side of N. Congress Ave, 36 ac. Water Treatment Facility at the north city limits [] South County Courthouse Southwest corner of VV. Atlantic 6.46 ac. Ave. & S.W. 1st Ave. [] South County Administrative/ East side of S. Congress Ave., 25.38 ac. Government Complex, approximately 1,000 ft. south [] South County Health Unit, of W. Atlantic Ave. [3 Tri-Rail Station, [] Property Appraiser's Offices/ Driver's Registration, _ El Parks Maintenance Facility [] Palm Tran Satellite Facility Northwest comer of N. Congress 7.49 ac. Ave. & N.W. 1st St., app. 1,100 ft. north of W. Atlantic Ave. [] Solid Waste Authority East side of S.VV. 4th Ave., 12.77 ac. Transfer Station app. 600 feet south of Linton Blvd. [] Drug Abuse Foundation Southwest corner of S. Swinton 6.6 ac. Ave. & S.W. 4th St. [] South County Mental East side of Military Trail, 9.71 ac. Health Facility approximately 700 ft. south of Linton Blvd. [] Palm Beach County East side of S. Congress Ave., 3.0 ac. Emissions Testing app. 300 south of Linton Blvd. Facility (Of the above facilities, the Emmissions Testing Facility is the only non-tax exempt property.) As reflected above, the City of Delray Beach has more than its share of County and regional facilities. While these facilities serve the South County Area, including Boynton Beach and Boca Raton, similar facilities are noticeably absent from these adjacent municipalities. The Authority contends that this is the best location for the facility both geographically and economically. However, it does not seem appropriate that the City continue to bear the burden in the form of a depleted industrial tax base and the concentration of noxious uses, of providing for facilities which benefit the entire South County area. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 11 If the property were developed by a private entity, property taxes would naturally increase and the City would receive other revenues associated with that business. While the currently vacant property does not have a high assessed value any future development of the property would increase the assessment. As an example, the City's share of taxes from the recently constructed Levenger's facility in Congress Park South exceeds $23,000 annually, and Tract A of that Park contributes approximately $21,000 in property taxes alone. VVhile the property has been vacant for many years, there has been development activity for new industrial and office developments along the Congress Avenue corridor. An example of this is the recently approved addition for Noland Company and the Office Depot development. This property provides an excellent opportunity for a small industrial development, similar to those which were recently approved for the property. Future Land Use Element Policy C-1.$ - The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: E] enhanced and continuous code enforcement, I~ legislation which requires heavy industrial uses to provide perimeter landscaping of their sites, I~ owners of vacant property shall provide a landscaped appearance of their properties, As this facility is located on a County arterial which runs through the City and adjacent municipalities, there are concerns that this facility will detract from the desired image of the City. Efforts have been taken in an attempt to provide a better image along this corridor with the installation of landscaping on private properties as well as within the Congress Avenue median. The intensity of the use is magnified by the amount of truck traffic that visits the site which will continue to increase as development continues in southern Palm Beach County. The sketch plan provides a 30 foot landscape buffer along Congress Avenue, which is to be heavily landscaped, with retention areas approximately 30 feet wide. If the conditional use is approved, it is recommended as a condition of approval that the landscaping include a berm, heavy planting of trees 25' on center and in staggered rows with mid-level plantings. SECTION 2.4.5(E)(5} REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 12 A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the MIC (Mixed Industrial and Commercial) zone district. The surrounding land uses are: to the north, Noland Company (wholesale plumbing supplies); to the east, Keystone Creations (stone cutting) and a vacant concrete plant; to the south, vacant land and a former junkyard; and, to the west, Palm Tran Satellite Facility bus terminal (under construction), George and Tonya's Auto Repair, Congress Auto Service, and MDS Wholesale Beauty Supplies. - In order to assess the potential impacts of this operation on adjacent properties, the applicant provided specific information with respect to pest control, dust and odor control, and noise minimization. Pest Control Based on the Solid Waste Authority's operating experience, curbside collected recyclables delivered to the facility are typically free of other than trace amounts of organic wastes. This reduces the attraction of vermin to the facility. In addition, routine housekeeping procedures further decreases the potential for pests. Process and storage floor areas will be regularly cleaned by mobile floor scrubbers. Dust and Odor Control The SMRF will be designed to prevent the dispersal of dust emissions, material debris and odors to the area outside the facility. All transfer operations related to the movement of recyclables at the SMRF will occur within the process building. All truck Ioadout operations for baled material occur at the truck loading docks located at the south end of the building. Litter is controlled several ways. A perimeter fence sen/es to control windblown debris. (It is noted, no perimeter fence is proposed nor desired along Congress Avenue.) The design of the enclosed tipping floor limits dispersion of litter. Finally, all recovered recyclables will be transported from the site in closed or covered vehicles to minimize dust. The SMRF has been designed to prevent the escape of dust and odor through the policies of quick material processing and shipment, and indoor storage of material. Routine cleaning procedures will facilitate this process. Ail wash water will be hand/es in accordance with applicable rules and regulations. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 13 Noise Minimization The facility will be designed to insulate the surrounding area from the noise generated by the processing equipment. Vehicles entering and leaving the site, will, however, contribute to the outside noise level. Compatibility with adjacent properties and the potential impacts on future development are a concern. The concerns of this facility relate to its intensity, noise and the impacts of the truck traffic. As previously stated, the intensity of the use is magnified by the amount of truck traffic that visits the site which will increase as development continues in southern Palm Beach County. Noise - The applicant has submitted an environmental noise study stating that the current sound levels within the industrial area are between 57 to 65 dBA (weighted sound level) and that the sound levels in the residential area are between 44 to 49 dBA. The study states that the existing North County Facility is currently operating between 65 and 70 dBA. Average sound levels associated from trash delivery vehicles are between 67 and 74 dBA. The study concludes that the sound levels to the north, south and east are expected to be 65 dBA and to the west within the residential area sound levels are expected to be 40 to 45 dBA. In other words, the study concludes that noise levels will be the same or will actually decrease in the areas adjacent to this facility once it is in place and operating. This conclusion does not appear to be logical. The City's noise ordinance allows industrial uses to operate at up to 75 dB. tt is noted that the trash delivery vehicles have maximum sound levels of 74 dBA which is very close to the maximum. While the noise associated with the processing component occurs within the structure, there is noise created by the tipping (unloading) of haulers, the maneuvering of the trucks and operation of the front loaders which assists in the loading/unloading of the materials. In order to get the material out of the truck, it is unloaded similar to a dump truck, which requires additional rpms to operate the mechanism as well as the mechanism within the bin which pushes the material out of the truck. In order to get excess debris out of the vehicles, the drivers must jerk or shake the vehicles, thus slamming the tailgate. To comply with safety requirements a "reverse" beep is installed on all vehicles and the front end loaders which also add to the noise levels. This factor and the overall noise associated with the truck traffic may have a negative impact on existing and proposed residential development within 650 feet of the property (Sudan Subdivision). Trash/Debris While the processing component is enclosed, there is loose debris (paper, plastics, glass, aluminum) associated with this operation. In order to prevent crosswinds Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 14 from dispersing the loose debris throughout the site, the Authority has proposed to extend the canopy/structure over the shipment area (south side of the building), so that the tailgate of the vehicles will be located within the structure while they are loaded. The narrative indicates that a perimeter fence will be provided, to contain the debris. The loose debris also is deposited from the haulers when they unload/load. It is noted that while measures are being taken to prevent the dispersal of debris, it cannot be fully contained within the structure and therefore, there will be some debris strewn throughout the site which is later manually collected. Although each vehicle does not have a large amount of loose debris, it is multiplied by the number of trucks which will visit this site. As the facility is located along Congress Avenue, which is designated as a corridor with special beautification requirements, the overall appearance of the recycling operation is a concern. Future Development Along this portion of the Congress Avenue corridor there is vacant land which has excellent development potential. With the traffic associated with the proposed use, there is the possibility that the facility may hinder development or redevelopment of the adjacent properties. Plans have been approved for the expansion of Noland Plumbing Supply, located immediately to the north of the subject property. The owner of that business has indicated that if the recycling center is approved, he may not proceed with his expansion. Similar letters of objection have been received from other property owners in the area (copies attached). The intensity of the use will gradually increase until buildout at year 2015. It is noted that the Solid Waste Authority is currently negotiating to purchase an additional 1 acre parcel of land immediately south of the proposed site. The purpose is to acquire the additional property at this time for any future demands and or necessary expansions. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have been transmitted to the applicant and will need to be addressed with the full site plan submittal, if the Conditional Use is approved. 1. The driveway aisle for the parking lot at the northwest corner of the building is limited to a maximum width of 26 feet [ref. LDR Section 4.6.9(D)(4)(d)]. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 15 2. Pursuant to LDR Section 5.3.1(E)(2) when a street is located on a boundary of the project, the project is responsible for providing one-half of the street improvements for a local street unless the project requires greater participation. If it is impractical to physically provide the improvements, this obligation may be met by payment of cash funds equal to the current cost of installation of such improvements. N.W. 18th Avenue is currently unimproved. The Authority will be required to provide one-half the cost of the street improvements for N.W. 18th Avenue. 3. Pursuant to LDR Section 5.3.1(D)(2), the right-of-way width for N.W. 18th Avenue is 60 feet. The plans indicate the dedication of a 35' easement on the east side of the property along with the abandonment of the west 10 feet of the easement for a landscape buffer. The City Engineer has determined that 50 - feet of right-of-way for N.W. 18th Avenue is acceptable. In order to abandon the west 10 feet an abandonment petition must be processed. With the submittal of a boundary plat, the 25' of right-of-way will be dedicated. 4. Pursuant to LDR Section 6.1.3(B), a 5' wide sidewalk is required along N.VV. 18th Avenue. A determination has been made with recent development approvals that a sidewalk along N.W. 18th Avenue would not serve its intended purpose, and thus the requirement was waived accordingly. If the Conditional Use is approved, this item will be addressed at the time of site plan review. 5. Pursuant to LDR Section 4.6.9(D)(3), the point of access to a street shall be a maximum of 24' unless a greater width is specifically approved as part of site and development plari approval. However, in no event shall such a point of access be greater than 36 feet. The south driveway onto Congress Avenue is indicated as 50 feet in width. If the intent is to provide one inbound lane along with right and left turn outbound lanes, each lane must be striped as such and no wider than 15 feet in width. 6. Pursuant to LDR Section 4.6.9(D)(4)(a), a standard parking space is required to be 9' X 18' and the compact spaces are to be 8' X 16'. The plans indicate the standard spaces as 10' X 20' and the compact spaces as 8' X 18'. The dimensions of the spaces need to be revised. (The purpose of the City's standard is to reduce excess asphalt areas and provide additional landscaping/open space) 7. The off-site parking area (eastern parcel) must be tied to the west parcel by either a Unity of Title or an Off-site Parking Agreement. 8. Easements must be provided for the proposed water mains. 9. A landscape island must be provided at the southeast corner of the building adjacent to solid waste and recycling rolloff containers. Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 16 10. The solid waste and recycling rolloff containers must either be located within the building or enclosed and screened accordingly. 11.Site lighting must be provided which complies with LDR Section 4.6.8. Submittal of a photometric plan will be required. 12. Pursuant to LDR Section 4.6.16(E)(3), all landscape areas must be protected with 6" nonmountable curbing. Existino SWA Transfer Station The vehicles which currently deliver recyclable materials to the Delray Beach (SWA) Transfer Station at Linton Boulevard and S.W. 4th Avenue will now deliver the materials to the proposed facility. The Solid Waste Authority has stated it is pursuing relocating the existing transfer station, and constructing a new transfer station in the western portion of the south Palm Beach County area near the Turnpike. Currently, the City receives 35 cents per ton of waste that is delivered from the City of Delray Beach area to the transfer station. No revenue is received from waste which is shipped in from adjacent municipalities. The revenue the City receives is part of a lease agreement between the Solid Waste Authority and the City, which owns the land on which the transfer station is located. If the conditional use is approved, it would be appropriate to enter into a similar agreement to offset the loss in tax revenues. This agreement should also include revenues for the tonnage delivered by other municipalities. The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition, and address the listed "Technical Items". Special Courtesy and Neighborhood Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 17 [] Delray Beach Council of Communities[] Rainberry Bay Homeowners Assoc. [] Delray Property Owners [] Rainberry Lake [] Delray Shores Homeowners Assoc. [] Rainberry Woods [] Homeowners League of Chatelaine 1~ The Sudan I~! Lake Ida Homeowners Association O Villas of Rainberry [] Pines of Delray North [] Progressive Residents of Delray (PROD) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letter of objection have been attached from the owners of Noland Company, Arctic Ice and Club Delray (vacant 18 acre parcel with site plan - approval for a multiple family development). There were no letters of support. Additional letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is inconsistent with policies of the Comprehensive Plan and LDR Section 2.4.5(E)(5) (Conditional Use Findings). The proposed use does not fulfill the City's remaining future land use needs and may adversely impact existing development as well as prevent development of surrounding properties. There are concerns which relate to its intensity of the use, noise, and the impacts of the truck traffic. If approval is recommended by the Board, conditions should be imposed which relate to the increased stacking of the left turn lanes at the Congress/Atlantic intersection, installation of a right turn lane into the site, execution of an agreement which would reimburse the City for lost taxable revenues, and a requirement to provide landscaping in excess of code requirements (i.e. berming etc. along Congress Avenue). A. Continue with direction and concurrence. B. Recommend approval of the conditional use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the "Technical Items" listed in the Staff Report; Planning and Zoning Board Staff Report South County Materials Recycling Facility - Conditional Use Approval Page 18 2. That prior to issuance of a Certificate of Occupancy, the stacking (queuing) distance of the left turn lanes must be increased to the greatest extent possible; 3.That prior to issuance of a Certificate of Occupancy, the exclusive right turn lane must be installed; 4. That extensive buffering including berming be provided along Congress Avenue. C. Recommend to the City Commission denial of the Conditional Use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon a failure to make positive findings with respect to _ Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties and may hinder development and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. Recommend to the City Commission denial of the Conditional Use request to establish a resource recovery facility (South County Materials Recycling Facility) based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties and may hinder development and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. Attachments: El Location Map Sketch Plan Letters of Objection Report prepared by: Pe,~JI Dorling. Principal Planner and Jeff Costello. Senior Planner LAKE LAKE IDA PLAZA DORSON WAY NOVA- TRONIC$ AR TIC CENTER ICE CONGRESS POINSETTIA BLVD. AVENUE AUTO PLAZA I~OS WHOLESALE BEAUTY SUPPUES OWENS,.. ll3AKER ROAD PALM TRAN FAClLITY ~ SOUTH COUNTY MATERIALS ,.,.,,..,.c o~,~^.~., RECYCLING FACILITY CI'EY OF OELRAY O~ACH, FL t --- OlCl[~ ~SE ~P s~rEM -- ~ REF: LMOIO SOUTH EAST " ARCHITECT SERVICES, INC." -' 2209 A N.E. 54th Street I-q Ft. Lauderdale, FL 33308 (305) 771-6050 !-1 FAX (305) 771-0037 March 7, 1996 Ms. Janet Meeks Planning Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: Noland Company - Delray Beach Facility ~ Dear Ms. Meeks: Our client "Noland Company" has requested that I review the "Conditional-. Use" proposal by · "The Solid Waste Authority of Palm Beach County". After serious consideration, I have been instructed to advise the City of Delray Beach of our strong objection to the proposed Solid Waste Recycling Facility under consideration. The Noland Company owns the land - and has for 14 years - dkecfly North of the subject property and has proposed and secured approval from the City of Delray Beach for a major Noland facility. The Noland Delray Beach.facility will be their South Florida Plumbing Supply . Headquarters (5 units). The planned building reflects our deske and intent to develop an exciting and aesthetically pleasing office, showroom and warehouse structure which will be a credit to the community and for which we have completed final construction documents and are ready to bid. Noland Company's decision to select this property for thek South Florida Headquarters building was based on the property's central location and frontage on Congress Avenue, which was felt to be a prestigious business location. The City of Delray Beach has represented that Congress Avenue will be treated as an important--business corridor, heavily landscaped with future development in keeping with this concept. By developing the adjoining property as proposed by the Solid Waste Authority, the effect on the Noland property and other properties along Congress Avenue will be absolutely deleterious and devastating. Our objections are based on a number of major concerns; including: The use as outlined in the "SMRF" Report is wholly incompatible with other uses and potential uses on the Congress Avenue corridor. The design of the building is not of a standard we would consider appropriate as k,.5,~ 8 ;co,', · ,, LA, N~NG & ZONING Page Two. · This project will generate, per the SMRF project description, 600 tons of recyelibles per day requiring 187 in-bound truck deliveries per day plus 25 additional out-bound trucks to remove the processed recycled materials plus employee traffic. Such additional and heavy truck traffic is totally incompatible with the normal traffic on Congress Avenue and imposes a horrendous traffic burden at this location. · This facility will create excessive noise pollution particularly on the dumping side which faces and is closest to our Noland site. (Trucks will dump the materials into bins, which dumping is onerously noise generating. Additional noise generating heavy equipment such as front end loaders will be required to 'move the materials). The dumping operation generates the greatest potential for materials to be blown or spread onto adjoining properties. Unfortunately, the closest adjoi, ning property is our Noland site. The Solid Waste Authority of Palm Beach has not approached Noland Company or this office to discuss the project. It would have been prudent, prior to their filing and prior to their developing the site plan for the Solid Waste Authority, to have had discussions with Noland Company; I have expressed in this letter our strongest possible objections to the proposed facility and respectfully request that same be made part of the file and be presented to the Planning & Zoning Board and City Commission. cc: Mayor, Thomas E. Lynch City Manager, David Harden Noland Company Paul M. May MAY, MEAOHAM & DAVELL A PROFE. SSIONAL A~SOCIATION A~ORN~S ANO COUNSELORS NATIONSBANK T~ER, SUITE 260Z ONE ~N~ClAL P~ PAUL M. MAY ~BERT ~. M~¢HAM rOaT ~UDERDA~ ~AM ~. OAV~ MIAMI (~O~ DAVID MARSHA~ BROWN' TE~F~ February 29, 1996 Janet Meeks Planning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Request for Conditional Use by Solid '- Waste Authority of Palm Beach.County Dear Ms. Meeks: Thank you for taking the time to speak with me last week regarding the proposal for a conditional use by the Solid Waste Authority of Palm Beach County. As I mentioned to you by telephone, our firm represents Noland Company, the owner of the property immediately north of the proposed site. The purpose of this letter is to put in writing Noland Company's vehement objection to the City allowing this conditional use on its adjoining property. As you know, Noland Company has recently been aPproved to construct a new office, showroom, and warehouse facility on their property just north of this site. Noland Company's intention is to move their South Florida headquarters to this location. At the time all of these plans were approved, No!~nd Company assumed that the C~ity would continue to treat congress Avenue as an important business corridor in the development of this city. The affect of the conditional use proposed on Noland Company's facility would be not only disastrous, but unfair. In fact, Noland Company has put this project on hold for 30 days until such time as the City can make a decision about whether or not they will allow this conditional use. It is quite possible, if the use is allowed, Noland Company will not. build this facility. Some of our specific objections are as follows: 1. The heavy traffic caused by this conditional use is not compatible with the traffic on Congress Avenue, and places a great traffic burden on the Noland location. 2. The facility would create excessive noise pollution. ;~A/~~.~.~ PLANNING & ZONING Janet Meeks ~f~rch 7, 1996 Page Two 3. The use of this site, as proposed, would cause debris, dirt, and other materials to constantly be invading the Noland property. This would cost Nola~d Company additional funds to upkeep their facility. 4. The design of the building itself is not appropriate, nor does it enhance the neighborhood. This use is not compatible with the other uses along Congress Avenue. We very much object to the city granting this conditional use on the site in question. It would cause grave damage to Noland Company. Please call me to discuss. Verbs, PAUL M. MAY For the Firm PMM/pb cc: Noland Company c/o Diane Donimquez March 12, 1996 Planning Director Office City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FI. 33444 Dear Sir / Madam, In reference to Public Notice//96-068, and the conditional use request submitted by the West Authority for the South County Materials Regulatory Facility, we request that the Planning and Zoning Committee reject this application. We are located on Congress Ave, in proximity'to the property in question. We are a producer of food grade products that require a clean air environment, and are also products that are regulated as a food product 'by the State of Florida. We work hard to achieve a high quality product for consumption in Palm Beach, Broward, and Dade Counties. We believe that the high density of traffic in our neighborhood created by the proposed installation, and the dirty nature of the materials to be recycled will inevitably adversely affect the cleanliness of our product - to the disadvantage of all local consumers. The processing of dirty used materials will create an increase in the atmospheric pollutants and be highly undesirable. Regardless of claims of environmental controls, we believe it to be naive to assume that the neighborhood air environment will not be seriously and negatively affected. Furthermore,. the traffic on Congress Ave is already dense, and will be seriously exaggerated by the addition of high traffic associated_ with the proposed facility. A substantial increase in car-truck accidents and and fataliti_.es also can be realistically expected. We respectfully request that the County seek and alternative cite, and that the Planning and Zoning Board turn down this proposal Thank you for listening to us. S,j ,r~erely yours, President \?5'y) 5 \%95 /~[r{"l'-[C ICE COif). , ;335 N. Congress A~enue · Delr~V Beach, FL 33445 · 278-2898 ,, PaLm Bch. 734-289B · Bro~ard 42 t-22,65 [:ax 407-27B~636B 83/15/1936 12:58 '3057766719 KEE,~ DEVELOPMENT PAGE 82 THE IIE, EPtAN DEVELOPMENT GROUP March' 15, 1~ ' -' left CoStello, Planner City of Delray Brach Planning Depazlm.~nt 1130 NW 1st ,&venue. DclraY Beach, FL 33~ Re: Proposed Recycling Plant to be located between Atlantic & Lake Ida Rd on Congress Ave. Dear Mr. Costello: Further to our.discussion, I-am writing to advise you that we are currently under contract to purchase a multi-family residential site in the direct vicinity of the proposed recycling plant, and that we are strongly opposed to the 'development of that facility. Our ~tent is to provide a substantial multi-family complex ori the 18 acre site which surroun~ the Lake Ida Mall and fronts both Congress a~d Lake Ida roads. I understand that this recycling facility will involve anaverage of'187 tracks coming and going with materials, plus an additional 25 cracks removing recycled materials in additiOn to employee traffic. This is expected to increase year after year and in the future will add additional recyclable materials, thereby increasing traffic, noise and other objectional factors. The facility is expected to operate 7:00 A.M..'to 5:00 P.M. Monday to Friday and '7:00 A.M. to 12:00 P.M. on'Saturday a.nd would increase during peak capac..ity months or if quantities should increase to 11:00 P.M. during the week and 3:00 P.M. on Saturdays. This is obviously an ongoing daily operation which is ve~ objectionable in an. existing and :proposed residential use area that your land use plan shows for future developments. We also understand this will be a heavy industrial type building some 290 feet long by 140 feet deep and 48 feet high with an attached office building 140 feet long by 32 feet deep facing Congress AvenUe. · The main structure is also expected to have large industrial overhead doors on both ends for loading and unloading. One would not expect to see this tyPe Of structure nzar a residential neighborhood and is i~comistent with other residential activities. I should think - CORPORATE OFffiC.E - 1500 I'i.W. ,~93tfe~t. Fifth Floor- Ft, Lauderdale. FI, 33309 · (3051 776-6700 - Fax (305) 776-6719 , t 83/15/1996 12:58 3857766719 KEENAN DEVELOPMENT PAGE 03 Jeff Costello, 'Plarmer City 'of Delray Beach Page 2 there would .b~ more suitable areas for such a facility, i,e., more centrally located within the heavy' ~dustrial zoning where it belongs. We intend to voice our opposition at the next public he~. If you have any questions, please contact me. Yours very truly, _ KEENAN DEVELOPMENT GROUP Bill Kc-cmn : Vice President City. Hall 100 N. W. 1st .Ave. ~'~ 1~96 ~;' '~ ' DeIray B~ach~' F1 33444 Att: City Manager David Harden --~ and City Commissioners C~ C0~%.'~~' , - we, ~he residents of Delray Beach residing in th~{~&'S'of Rainberry Lake, would like to go on record objecting to the building of the Solid Waste Depot on Congress Ave. The building of the Solid Waste Depot in the beautiful town of Delray would be irresponsible on the part of-any official agreeing to this. It would lower values on all our properties and cause much increased traffic. With the increase of all the busses and diesel trucks, our quality of air would deteriorate and not be fit for us to breathe. We request that you not approve this project. Thank you. From the concerned residents .... '- :-? c., ,~ : Z,. . . ) ...~ ~ ') .: / .~ ~ ..... .. REC :'v ED Ci bf Hall 100 N. W. ist AVCo APlt-1 1996 Dalra~~ Beach,, FI 3344~ Att: Citf Manager David Harc,~an ClTY MA~'~'~nc~'t~ and City Commissioners Wa~ th~ r~sidanbs of Delra~ Beach: r~idi,~ i;, bhe Villas Rainber~f Lake~ ~iouid iii~e to ~o on record okjacCin:~ bc ~uildin= cf the Solid Waste Depot on Con~rcss Avc~ The buiiii~i~ of thc Solid Waste De~ot in 5i:a ~aautiful ~Lreain~ bo ti~i~ i~ would lowar values on all our :~ropertics anu cause muc~ increased braffic. Wi~n baa i~craas= of all busses a.~d diesel trucks~ cur {iualib~. of air '~uuiJl We re%ua;st biiat you not asprovs tills ~.,rcjsct~ Inank ' ' %L/F/¢~City , :~:~7~i"1~ H!i-i - t ........... D~Ir~ay ~eacn', F1 33444 Att: ~*ty~a~Sge~ David }{arden We, the residents of Delray Beach residing in th~t~%'S'~of Rainberry Lake, would lik~"to go on record objecting to the building of the Solid Waste Depot on Congress Ave. The building of the Solid Waste ~epo.t in the beautiful town of Delray would be irresponsible on the part or-'any official agreeing to this. It would lower values on all our properties and cause much increased traffic. With the increase of all the busses and diesel trucks, our quality of air would deteriorate and not be fit for us to breathe. We request that you not approve this project. Thank you. From the concerned residents .... ..-, .. ........ : . , _., R EG ~;'v'/ED C~ty lOO N. ~;~. ~t A~. APR- I 1996 Dalray Baaci-,, F1 anC City Commi.'--.sione£~ W~; 'th~ r.~sideu~s of Delray B~ac,. rasidin= i;~ 'th~ Viil~ Rainberr] Lake~ uould like to so on recorc o~jectJn~ tc buildin= of the Solig Waste Depot on ConLrcss Ave. The buildin~ of thc Solid Waste Depot in tbs ~aau%iful %o,;n of Delraf would bs irresponsible on tha ~arb of any cfficizl abreain~ to this~ i~ would lower values on all our ano cause muc~ increased traffic. With th& increase of all busses and diesel trucks, our quality of air would det~riorats a,~d not be fit for us to breathe. We request that you not ar, prove this .... ~cc~ 7hank you FILE NUMBER: 96-068-USE-CCA I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY A. City of Delmy Beach Comprehensive Plan as Existed on 6-4-96, B. City of Delray Beach Land Development Regulations as Existed on 6-4-96, C. City of Delray Beach Zoning District map as Existed on 6-4-96, D. City of Delray Beach Future Land use Map as Existed on 6-4-96, ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE 1. Annexation Ordinance No. G-478, Adopted 2-11-63. 1-24-96 2. Annexation Ordinance No. 1-82, Adopted 2-9-82. 1-24-96 3. Building permit records for the property located at 231 North 1-24-96 Congress Avenue and 255 North Congress Avenue. 1. Letter of Transmittal from Donald L. Lockhart, Executive Director, 1-05-96 Solid Waste Authority, Dated 5-4-96, regarding the Conditional Use Application. 2. City of Delray Beach, Conditional Use Application, including 1-05-96 Attachments "A" through "E". Page 1 FILE NUMBER: 96-068-USE-CCA I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY 3. Statutory Warranty Deed, Recorded in ORB 9055, Pages 1739 - 1-05-96 1742. 4. Warranty Deed Recorded in ORB 6396, Pages 450 - 453. 1-05-96 5. Certificate of Corporation for Rinker Materials Corporation. 1-05-96 6. Traffic Impact Analysis prepared by Yvonne Ziel, Traffic 1-05-96 Consultants, Inc., Dated 12-22-95. 7. Transmittal memorandum to the Technical Advisory Committee 1-12-96 (TAC) Members. 8. Responses from the TAC Members: · Robert Kussner, Dated 1-16-96 1-16-96 · Scott Lunsford, Dated 1-24-96 1-24-96 · JeffCostello, Dated 1-24-96 1-24-96 · Mike Cato, Dated 1-25-96 1-26-96 · C. Danvers Beatty, Dated 1-29-96 1-26-96 9. Status letter from Jasmin Allen, Dated 1-25-96, to Sumpter H. 1-25-96 Barker. 10. Letter from Jeff Costello, Dated 1-26-96, to Dan Weisberg, Palm 1-26-96 Beach County Traffic Division, transmitting the Traffic Study prepared by Yvonne Ziel. 11. Draft copy of Project Transmittal Letter from Jeff Costello to 1-29-96 Sumpter Barker, Dated 1-29-96, hand delivered to Sumpter H. Barker. Page 2 I FILE NUMBER: 96-068-USE-CCA I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY 12. Project Transmittal Letter from Jeff Costello to Sumpter 1-29-96 Barker, Dated 1-29-96. 13. Notes of Meeting held on 1-29-96 with the Representatives from 1-29-96 the Solid Waste Authoring and the Planning Staff. 14. Letter from Sumpter H. Barker, Dated 2-5-96, Regarding the 2-05-96 right-of-way for N.W. 18th Avenue. With attachment "A Schedule of Easement Dedication for N.W. 18th Avenue". 15. Notes regarding the meeting held on 2-5-96, with James Barker 2-05-96 for SWA and the Planning Staff. 16. Letter from Sumpter Barker, Dated 2-8-96, responding to the 2-08-96 Project Transmittal Letter and Meeting of 2-5-96. 17. Revised Project Data dated 2-8-96. 2-08-96 18. Revised Traffic Analysis Prepared by Yvonne Ziel, Traffic 2-8-96 Consultants, Inc., Dated 2-8-96 19. Notes from the Planning and Zoning Board Work Session Meeting 2-12-96 of 2-12-96. 20. Environmental Noise Study Prepared by Stanley E. Dunn, Dated 2-17-96 2-17-96. 21. Letter from Sumpter Barker, Requesting a continuation of the 2-23-96 Planning and Zoning Board's consideration of the Conditional Use request. 22. Letter from Sumpter Barker, Dated 2-22-96, Confirming continu- 2-23-96 ation of Public Hearing before the Planning and Zoning Board Meeting. Page 3 FILE NUMBER: 96-068-USE-CCA I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY 23. Planning and Zoning Department Memorandum, Dated 2-23-96, 2-23-96 Regarding postponement of the Conditional Use request at the Planning and Zoning Board Meeting of 2-26-96. 24. Letter from Kathleen E. Kelley, Dated 2-27-96, to Mr. Squillario, 2-28-96 Regarding Operation Activities. 25. Letter from the Solid Waste Authority, Dated 2-20-96, Regarding 2-28-96 Operations Activities of the S.W.A 26. Letter from John D. Booth, Dated 3-4-96, Regarding Solid Waste 3-04-96 Authority Board's Resolution 96-02, addressing the need for additional transfer capability. 27. Notes from meeting held on 3-4-96 with representatives from 3-04-96 Solid Waste Authority. 28. Letter from Kathleen E. Kelley, Dated 3-6-96, Regarding the 3-06-96 concerns raised by Staff, Re: Proposed Development (faxed copy). 29. Original copy of Letter from Kathleen E. Kelley, Dated 3-6-96, 3-08-96 Regarding the concerns raised by Staff, Re: Proposed Development. 30. Review comments of the Environmental Noise Study by Richard 3-14-96 Bauer, City of Delray Beach Code Enforcement Administrator. 31. Traffic Impact Analysis, Dated 3-14-96, Prepared by David 3-15-96 Plummer and Associates, Inc., Re: The Traffic Studies submitted by Yvonne Ziel. Original document received 3-19-96. 32. Planning and Zoning Board Staff Report for the Meeting of 3-18-96 3-18-96. Page 4 I FILE NUMBER: 96-068-USE-CCA ] I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY 33. Letter from Jeff Costello to Sumpter Barker, Dated 3-24-96, 3-24-96 Regarding the scheduling of the City Commission Meeting. 34. Letter from Kathleen Kelley to Jeff Costello, Dated 4-2-96, 4-04-96 regarding the Solid Waste Authority contacting homeowners associations. 35. Letter from Sumpter Barker to Jeff Costello, Dated 4-4-96, 4-04-96 regarding scheduling of the City Commission's meeting (original received 4-10-96). 36. Letter from Sumpter Barker to Jeff Costello, Dated 4-17-96, 4-18--96 regarding scheduling of the request at the City Commission meeting of 6-4-96. 37. Revised Traffic Study prepared by Yvonne Ziel dated May 1, 1996 5-15-96 38. Letter from Yvonne Ziel to Paul Dorling dated 5-1-96, regarding 5-15-96 southbound left turn lane queuing analysis. 39. Traffic Survey conducted on May 21, 1996 by Planning and Zonin 5-21-96 Department regarding Southbound Left, Congress Avenue approaching Atlantic Avenue. 40. Revised traffic Study prepared Yvonne Ziel, dated 5-23-96 5-28-96 41. Letter from Sumpter Barker to Paul Doding, Dated 5-29°96, 5-29-96 regarding left turn lane improvements at the intersection of Atlantic Avenue and Congress Avenue, and sketch plan of those improvements. 42. Planning and Zoning Board Staff Report revised 5-30-96, to 5-30-96 correct and clarify information regarding existing public facilities. 43. City Commission Documentation for the 6-4-96 meeting. 5-30-96 Page 5 1. Palm Beach County Tax Map - showing a 500' radius of the 1-05-96 property. 2. 1995 Tax Roll pages with the names and addresses of property 1-05-96 owners within 500' of the subject property. 3. An affidavit as to the accuracy of the accompanying list of 1-05-96 surrounding property owners, Dated 1-4-96. 4. Copy of the mailing label listing. 5. Special courtesy Notice, mailed to neighborhood associations on 2-02-96 2-2-96. 6 Public Notice No. 96-068, mailed 2-15-96. 2-15-96 7. Copy of the newspaper advertisement, regarding the notice of 2-25-96 Conditional Use, published 2-25-96. 8. Special Courtesy Notice, mailed to neighborhood associations 3-08-96 on 3-8-96. 9. Special Courtesy Notice, mailed to neighborhood associations 5-16-96 on 5-16-96. FROM: DA TED: Ruth Silverman 4-29-96 and 5-16-96 5-04-96 and 5-22-96 B. Aden 5-20-96 5-20-96 Joe Saviana 5-16-96 5-17-96 Thelma Rosenbleim 5-09-96 5-15-96 Lillian Feldman, President, 5-02-96 5-07-96 Delray Property Owners Page 6 I FILE NUMBER: 96-068-USE-CCA I I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY FROM: DA TED: S. Q. Groover, President, (Fax) 4-04-96 and 4-08-96 4-04-96 and 4-08-96 Noland Properties, Inc. 4-18-96 Citizens Letter of Petition 3-06-96 and 4-04-96 3-06-96 and 4-04-96 Jerone Sadofsky Received: 4-04-96 4-04-96 ArthurAntin, Sherwood Forest Received: 4-01-96 4-01-96 Howeowners Association Albert Serewicz & Associates 3-18-96 3-18-96 Bill Keenan, Keenan 3-14-96 and 3-15-96 3-15-96 and 3-18-96 Development Group Arthur Biggs, "Arctic Ice" 3-12-96 3-15-96 Larry Kramer, Southeast 3-07-96 3-08-96 Architect Services, Inc. Paul May, Attorney for Noland 2-29-96 3-08-96 Palm Beach Post, Thursday, 3-28-96. 3-28-96 Page 7 I FILE NUMBER: 96-068-USE-CCA I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY 1. Audio Tape of the Planning and Zoning Board worksession 2-12-96 meeting of 2-12-96. 2. Audio Tape of the Planning and Zoning Board Public 2-26-96 Hearing/Regular Meeting of 2-26-96 3. Minutes of the Planning and Zoning Board Public 3-19-96 Hearing/Regular Meeting of 2-26-96. 4. Audio Tape of the Planning and Zoning Board Public 3-18-96 Hearing/Regular Meeting of 3-18-96 5. Minutes of the Planning and Zoning Board Public Hearing 4-16-96 /Regular Meeting of 3-18-96. Resume Brief of Diane Colonna Dominguez, A.I.C.P., Director 5-28-96 of Planning and Zoning. Resume Brief of Paul Dorling, Principal Planner. 5-28-96 Resume Brief of Jeff Costello, Senior Planner. 5-31-96 Page 8 FILE NUMBER: 96-068-USE-CCA ] I PETITION NAME: SOUTH COUNTY MATERIALS RECYCLING FACILITY · Sketch of Boundary Survey, Prepared by Heller-Weaver & 1-05-96 Cato, Inc., Dated 1-5-96. · Site Sketch Plan, Prepared by S. Barker and Associates, Inc., 2-08-96 Dated 1-96, and Revised 2-7-96. · Location Map - (overhead transpaency). 2-15-96 · Sketch Plan (overhead transparency). 3-15-96 S:UP P EALS\SWAUSE Page 9 srnNG SOLID WASTE FACIUTIES: SEVEN CASE STUDIES T he siting of municipal solid waste facilities forces local governments to make complicated and often divisive decisions. Success is measured not only in terms of a speedy completion of the siting process. Potential environmental and health risks, social and economic concerns, and political interests must all be considered. Only when all of these issues have been dealt with effectively can a municipal solid waste facility be said to be a success. The seven case studies presented in this report illustrate the importance of several lessons learned from successful siting projects: getting agreement on a _ location for a solid waste facility takes a long time, the process has to indude everyone affected, and public officials as well as citizens have to overcome preconceived notions about What is and isn't acceptable. The case studies describe siting projects in a built-out urban area, in high-growth suburban environments, and in difficult geological areas. Intergovernmental and regional collaborations are represented also. Management Information Service VOLUME 24/NUMBER 10 OCTOBER 1992 MIS Reports are published monthly by the Management Information Service, ICIVI,~., 777 N. Capitol St., NE, Suite 500, Washington, D:C. 20002-4201. C 1992 by the International City / County Management Association. No part of this report may be reproduced without permission of the copyright owner. These reports are intended primarily to provide timely information on subjects of practical interest to local ' government administrators, department heads, budget and research analysts, administrative assistants/and others d responsible for and concerned with operational aspects of local government. _ _ MIS Reports are issued as part of a subscription service available to all local govemment~. ^ subscription to the Management Information Service includes unlimited access to the MIS Inquiry Service backed up by the ICM^ automated database, the MIS Update, Info Packets, and .other publications. Management Information Service Recent MIS Reporb Cheryl A. Fart, Director 10/91 Enhanced 911: Planning and Implementation Rita Soler Ossolinski, Deputy Director 11 / 91 Setting Standards for Community Design and Joy Pierson Cunningham, Manager, MIS Inquiry Service Appearance 12/91 Impact Fees: Issues and Case Studies Publicoflor~ 1/92 Improving Int~'nal Processes: Focus on Quality Barbara H. Moore, D/rector 2/92 Employee Attitude Surveys Christine Ulrich, Senior Editor 3/92 Regional Strategies for Local Government Catherine Swift, Assistant Editor Management Eileen Hughes, Copy Editor 4/92 Export Development: Local Initiatives Jane M. Trimble, Copy Editor 5/92 Trees in the Community: Managing the Urban Forest Dawn Leland, Production Director 6/92 Helping the Troubled Work Group MelissaMachulski, Graphic Design Assistant 7/92 Community-Oriented Policing in Council-Manager Brian Derr, Production Coordinator Cities Lee Hawfield, Desktop Production Assistant 8/92 Police Review Systems Yvonne Rodgers, Word Processing 9/92 Programs for Youth at Risk Siting Solid Waste Facilities: Project managers for this report were Sarith Guerra, ICMA Environmental Programs, and Tim Jones, U.S. Seven Case Studies Environmental Protection Agency, Office of Solid Waste. Nancy Gonring, former ICMA assistant project rdanager, researched and edited the case __ studies with the assistance of Melinda Carpenter, former ICMA research assistant. An integrated solid waste plan, based on the mix and The experiences of the communities highlighted in volume of waste generated, can provide a framework this report will help prepare local officials for potential for deciding what facilities and programs best meet problems in siting municipal solid waste facilities. community needs. The plan should include a recycling and reuse program aimed at reducing the amount of waste incinerated or disposed of at a landfill_ However, The Case Studies even with aggressive source and waste reduction pro- grams in place, some type of solid waste facility will be required, and public opposition is not lirrfted to land- Localion Project de~cflption fills and incinerators. It has also been difficult to site recycling centers, transfer stations, and composting fa- Faiffax County, Virginia _.L~D~°p-°ff center cilities. Nobody wants a waste disposal or reduction New Hampshire/Vermont Waste-to-energy facili~, regardless of the type, in his or her back yard. facility and ash The following case studies illustrate successful at- monoflll tempts by state and local, governments to site munici- pal solid waste facilities. Included are sitings of sanitary Suffolk. Virginia Regional landffi landfills, resource recovery facilities, and associated Arlington County and Waste-to-energy ashfills; a materials recovery facility and an in-vessel Alexandria, Virginia facility composting facility; and a recycling center Each study Columbia County, Wbconsln Materials recovery focuses on a specific aspect of the process, such as cul- facility and In-vessel tivating public partnerships, building credibilit]~ compostingfaclllty addressing problems unique to small towns, commu- nicating risk effectivel~ coordinating regional solu- ' Pasco County, Florida Waste-to-energy and associated tions, reaching compromises, developing strategies, and landflll/ashflll choosing selection criteria. The following list summa- rizes the topics covered in each case study: Maricopa County, Arizona Regional landfill * Background · Nature of the controversy · Major parties · Siting strategy FAIRFAX COUNTY, VIRGINIA--DROP-OFF CENTER · Public involvement · Time frame and final outcome Background · Lessons learned. Recycling in Fairfax Count~ Virginia (population 710,000), was initiated by community groups that col- lected and sold newspaper. In 1987, in response to citi- zens' pressure for a more comprehensive recycling Althoughthecollectionofinformationforthisreportwasfundedby program, the county decided to collect glass and alu- the United States Environmental Protection Agency under assistance agreement X-817-628 with the International City/County minum beverage cans at the existing newspaper collec- Management Association, this report does not necessarily reflect the tion sites and allow the nonprofit groups to continue to views of the Agenc]~ and no official endorsement should be inferred, collect the revenue for newspaper, thereby supporting 2 Management Information Service ._. an existing community activity and actually increasing afing odor and disease problems; others were concerned th.e groups' revenue after the county publicized the about increased traffic flow in their neighborhood. One drop-off sites, individual was so adamantly opposed that he went door By 1989, the county had four drop-off centers in to door, asking fellow citizens to oppose the site. rural areas and four centers in highly populated areas To counter opposition based on misinformation, and was planning to add five more centers. During the county staff prepared a slide show for the meeting that first year of operation, a drop-off center located in a park depicted the deafi and efficient manner in which the that abutted a residential neighborhood had to be dosed county's centers were managed. Slides were shown of because of a few noise complaints. However, the dos- residents cleaning recyclables at home and then depos- ing caused a barrage of citizen complaints; nearly 500 iting them in the collection bins and of county staff telephone calls were received asking that the site be re- cleaning the sites each day. Citizens were assured that opened. This prompted the county to search for a new the cleanliness of the sites was the norm, not a staged site. demonstration. Citizens were also assured that, based on experi- Nature of the Controversy ence at existing centers, impact on traffic would be mini- mal. Informal interviews of users revealed that, on When the National Wildlife Federation offered to host average, they traveled three miles to a drop-off center, the drop-off center on its property, several citizens were which would not significantly affect estabhshed traffic opposed, concerned that it might become an unautho- patterns. rized garbage dump. To lend credibility to its claims, the county asked residents of neighborhoods that already had drop-off Major Parties centers to answer questions. These residents reassured opposed dtizens of the cleanliness of the centers and · The Fairfax County Division of Solid Waste the insignificant change in traffic. · The National Wildlife Federation Moreover, the county supervisor from the affected · A homeowners' association district attended the meeting and gave.citizens her per- . Local elected officials sonal guarantee that if they were at any time displeased with how the center was being run, she would see that · Several county citizens who had drop-off centers in their communities, the Problems were promptly corrected or the drop-off center would be dosed. Siting Strategy Time Frame and Final Outcome The National Wildlife Federation (NWF) approached The siting process for the NWF drop-off center began Fairfax County with the idea of siting the drop-off cen- during the summer of 1989; the facility opened in June ter on its property. Although NWF is located in a high- 1990. A private contractor provides the newspaper bins traffic area, the immediate surroundings are lightly and collects the paper. Fairfax County designed its own populated, which caused the county to question collection bins for cans and glass. The NWF site is a rela- whether the population could justify siting the center tively low-volume site but serves the needs of a public there. County staff also raised concerns about siting a eager to recycle. center on private property.. To address these concerns, the county surveyed the ' location, making sure that proper access existed for col- Lessons Learned lection vehicles and that the.public would find the cen- ter safe to use. The site was found satisfactory, and its Provide the public with the opportunity to comment, positive attributes~its location in the district where the express concerns, and make suggestions concerning other drop-off center had been, its easy access from the the siting of a recycling center. A public meeting, even highway, and the fact that NWF served as a friendly though not mandator~ gave citizens a chance to voice host---supported the decision to proceed, their concerns and gave the county an opportunity to address those concerns in apositive manner. Public Involvement Anticipate negative reactions and misconceptions. Although it was not legally required because the center Move proactively to educate citizens. In this case, a vi- was to be located on private properS, the county sched- sual demonstration of the cleanliness of the site calmed uled ~ public meeting that was announced in the citizens' fears that the site would be aesthetically un- county's Weekly Agenda newsletter and notified a nearby pleasing or would attract vermin. homeowners' assodation, which worked with NWF to promote the meeting. Encourage a local official to give citizens his or her At the meeting, several residents expressed con- own personal guarantee that if problems arise, they cern that dtizens might dump their trash at the site, cre- will be promptly abated. Siting Solid Waste Facilities 3 Bring in people who have facilities in their own neigh- · Local media borhoods. The NIMBY syndrome can be relieved by · The Claremont City Council hearing an "ordinary person" talk about the experience · The private owner and operator of the proposed and respond to questions. A peer may be able to de- facility liver the same message more persuasively than a pub- · State regulatory agencies. lic offidal Piggyback on community efforts already underway, Siting $tra~y such as newspaper coUection. These positive commu- Throughout the ten-year development process, the NH/ nity links build trust in local officials and affirm their VT Project attempted to adhere to the following siting credibility, and overall development strategies: · Develop and maint~iin broad community involve- NEW HAMPSHIRE/VERMONT SOLID'WASTE ment. PROJECT--WASTE-TO-ENERGY FACILITY AND · Solicit and maintain support and involvement of ASH MONOFILL local politicians and state legislators, including key politicians on Project boards and committees. · Address concerns raised by elected officials in the Background host communities of Claremont and Newport. Between 1978 and 1989, the New Hampshire/Vermont · 'Develop waste reduction and recycling programs Solid Waste Project (NH/VT Project)-~consisting of 13 as part of an integrated solid waste management towns and the city of Claremont in Sullivan County, system. New Hampshire, plus 13 towns in Windsor and · Implement pre-and post-facility monitoring Windham counties, Verrnont--undertook the challenge programs to document actual impact of the pro- of dosing existing open dumps and unlined landfi!!s posed facilities. and replacing them with an integrated solid waste man- · Use the best available control technologies to agement system. Drop-off recycling facilities were to be minimize environmental impact of the facilities. located at transfer stations and old landfills, with the · Provide complete, factual information on any remaining waste delivered to a 200-ton-per-da~ pti- aspect of the proposed facility of concern to the vately owned and operated, mass-burn waste-to-energy public. facility. Ash would be disposed of in a new ash monofill. · Spend money up front to advance the best techni- The need for the formation of the NH/VT Project cai and legal arguments in order to expedite the became clear in Sullivan County, New Hampshire, ar- permitting process after a decision is made to ter an unsuccessful ten-year search for new landfill ca- proceed. pacity in response to state requirements to dose existing In 1978, prior to the establishment of the NH/VT open dumps. The Vermont municipalities were inter- Project, approximately 30 New Hampshire and Vermont ested in alternatives because of rapidly escalating dis- municipalities agreed to participate in a preliminary posal costs at the single private landfill serving them. . feasibility study for a waste-to-energy facility that would produce steam for two local factories in Nature of the Controversy Claremont, New Hampshire. Because the original in- tention was to produce steam for existing industries, a Both siting efforts--for the waste-to-energy facility and ' site within one-half mile of the industries was neces- for the ash monofill--were controversial. Opposition to sary; two potential sites were identified. the waste-to-energy facility was spearheaded by local The results of the preliminary feasibility study were environmental activists who were against incineration, favorable, and the municipalities applied for and were Neighbors of the projected facility were also opposed, awarded a federal grant to establish the NH/VT Project Objections to the ash landfill came from the same activ- and board. A detailed study followed in 1980, identify- ists, neighbors of the proposed landfill, and the Envi- ing electricity as a more viable option than steam, and ronmental Defense Fund. one of the original sites as preferable for the facility. However, the study also indicated that development of Major Parties two regional lined landfills, one serving the New Hamp- shire and the other the Vermont municipalities, might · The New Hampshire/Vermont Solid Waste cost less. Project During 1981 and 1982, efforts were concentrated · Local legislators on creating two solid waste districts and a regional en- · The board of selectmen, planning commission, tity to finance and manage the NH/VT Project. A search zoning board, and conservation commission was begun for suitable landfill sites and for a firm to members from each municipality construct, own, and operate the waste-to-energy facil- · Citizens, local environmental activists, and the' ity; negotiations toward a sales contract for the electric- Environmental Defense Fund ity generated were also begun. 4 Management Information ~ervice for the ash landfill. The search for the _.development in the summer of 1987 but could not be- Siting process landfill site began with development of selection crite- 8in construction of the facility until the air_quality per- ri~, which were eventually approved by representatives mit had been received in the fall. Appeals continued of all the participating municipalities. Potential sites throughout the two-year construction process. were presented on maps, and copies of the maps, to- Although the contractor had primary responsibil- gether with the criteria, were mailed to boards of se- ity for acquiring necessary permits, the NH/VT Project lectmen, planning commissions, zoning boards, and played an important role, contracting for a complete conservation commission members in each of the mu- health risk assessment to address concerns raised by nicipalities, as well as to the local media. Input from all neighbors and environmental activists. The Project be- citizens was requested; toward this end, two public gan a sampling program at four surrounding farms to hearings were held and a month-long written-comment determine background concentrations of heavy metals period was established in which town officials and con- and trace organic chemicals, that had been identified as cerned dtizens could evaluate the sites~ possible health risks from the facility. The first house- Many of the originally mapped sites were dropped; hold battery collection program in the United States was the remaining sites were then reviewed by a hydro- developed by the NH/VT Project, on the basis of re- geologist. The final list induded twelve sites in New search done by the contractor to find the source of heavy Hampshire and three in Vermont. metal emissions. The landfill siting subcommittee reviewed the in- The NH/VT Project also provided supporting tes- formation available and made a recommendation to the timony at public hearings on the air quality permit. full board to secure an option on a site in Newport, New More important, it sought support from influential lo- Hampshire, the property of a single out-of-state owner cai and state politidans and continued to present the who was willingto sell. The NH/VT Project carried out merits of the proposed facility to civic organizations detailed hydrogeological investigations of the site, and such as the Rotar~ Kiwanis, and Lions clubs and to the it was purchased in 1984. There was minimal opposi- elected local officials in each member municipality. Fi- tion throughout this period, nally, the Project negotiated an agreement with the con- tractor limiting expansion of the facility without Siting process for the waste-to-energy facility. Siting approval by Claremont and allowing the Project to of the waste-to-energy facility began in earnest in 1983. refuse to deliver solid waste if the contractor violated A draft environmental assessment of the selected site its permits. was circulated to the member municipalities and to public off~cials and concerned citizens in the potential Permitting process for the ash landfill. As soon as host community of Claremont, New Hampshire. A pub- construction began on the waste-to-energy facility, the lic hearing held in Claremont revealed that citizens and NH/VT Project filed permit applications for the ash environmental activists were adamantly opposed to the landfill. And no sooner had the permit applications been site because of potential health risks. Indeed, the mayor filed than opposition began. This time, local environ- of Claremont, who had been on the city council for 25 · mental activists were joined by the Environmental De- years, was voted out of office because of his support fense Fund. for siting the facility there. The potential toxicity of the ash residue became a As a consequence, the Project board asked the major issue at the public hearings before the state regu- Claremont City Council whether the city remained in- latory agencies, ar/d intense opposition delayed con- terested in being the host community; if so, the council strg, ction until fall 1988. Additional issues also arose. was to recommend a preferred site for the facility, with The contractor had discovered that the groundwater the agreement that Claremont and the NH / VT Project table was significantly higher-in the area of the first cell would then split the cost of redoing the environmental than predicted by the hydrogeological studies. As a re- assessment. The city council recommended a new in- suit, construction was terminated and an amendment dustrial area on the outskirts of the city. A willing seller to the permit sought, further delaying construction and was located, and an option on a 53-acre tract of land providing new opportunities for the opposition to voice was acquired, its concerns. Requests for proposals for the facility were re- In addition, when the plant began operating, the leased, and a vendor was selected for negoLiations and ash began to fail the toxicity test for lead, apparently a second environmental assessment prepared. Again, a because of the addition of lime for acid gas control. The draft of the assessment was circulated and a public hear- contractor proposed to add an immob'flizing agent to ing held. Opposition to the new site from environmen- the ash, a move that, while significantly reducing the tal activists continued, leachability of the lead, raised yet more issues. The ash In 1986, the NH/VT Project signed a contract with landfill finally began operating in October 1989, but a private vendor to construct, own, and operate the appeals to the permit were not fully resolved until early waste-to-energy facility. The site was acquired by the 1991. NH/VT Project and leased to the contracting firm, which then prepared and submitted the necessary per-' Public Involvement mit applications and supporting documents. The con- tractor elected, at its own risk, to proceed with site The Project tried to incorporate principles of public in- Siting Solid Waste Facilities 5 volvement outlined in the Citizen Participation Handbook Address the host communities' concerns. This is criti- · for Public Officials and Other Professionals Serving the Pub- cai to gaining majority support. The NH / VT Project ne- lic, prepared by the Institute for Participatory Planning, - gotiated an agreement limiting expansion of the facility University Station, Laramie,. Wyoming. The NH/VT without approval by Claremont and allowing the Project Project board was composed of appointed, unpaid rep- -- to refuse to deliver solid waste if the contractor violated resentatives from each participating municipality; all its permits. In this way, Claremont was persuaded that meetings were open to the public; and all pohcy deci- it had some real control over future impacts of the fa- sions were made by the volunteer representatives. The dlity. responsibility of the staff was to provide complete in- formation to the NH/VT Project board on each policy Make no attempt to hide the negative aspects of the issue and to implement pohcy adopted by the Project. proposed facilities. To gain credibility with the public, Decision makers in each member municipality the NH/VT Project presented a full analysis and docu- were mailed the minutes of each meeting, and attempts mentation of all major issues undertaken. were made to meet with them regularly. Moreover, full analysis and documentation of all issues were under- Be flexible and prepared to respond to legitimate pub- taken, and the information was made available to the lic concerns about negative aspects. Moving the pro- NH/VT Project representatives and the public. No at- posed facility site to a more politically acceptable tempt was made to hide negative aspects of the pro- location was critical to the success of the project. posed facilities. Time Frame and Final Outcome SUFFOLK, VIRGINIA--REGIONAL LANDFILL Siting of the waste-to-energy facility began in 1978, and Background the plant opened in 1988. Siting of the ash landfill be- gan in 1982, and the landfill began operating in late 1989. In 1973, eight communities in southeastern Virginia Both siting efforts were successful, and the facilities now joined together to create the Southeastern Public Set- serve the 29 municipalities. However, the siting process vice Authority of Virginia (SPSA) to develop a regional was costly, not only in terms of expenses for expert tes- solution to the area's solid waste disposal problem. The timony and legal fees, but also because of the loss of eight communities contain just over 1 million people in political goodwill and because of the burnout of citizen an area of 2,184 square miles and include the cities of volunteers who served as municipal representatives. Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and V'uginia Beach and the counties of Southampton and Isle of Wight. Lessons Learned SPSA identified the United States Naval Shipyard in Portsmouth, Virginia (the Norfolk Naval Shipyard), Keep newly elected municipal officials informed and as a potential customer for the refuse-derived fuel (RDF) up to speed. Because the siting process took ten years, produced from incinerating the solid waste collected which is longer than the terms of most elected officials, within this region. A plan was developed that called the NH/VT Project found it necessary to keep incom- for each community to collect its own solid waste and lng officials informed. This effort may have been time- transport it to one of several SPSA transfer stations lo- consuming, but it proved critical. Citizens usually see cated throughout the region, where it would be loaded local elected officials as having more credibility than 'into larger trucks for delivery to an RDF' processing public sector staff or private developers. When an plant near the shipyard to be built and run by SPSA. elected' official understands and supports the process, According to estimates made at the time, 15 percent of public support is more likely to follow, the waste would be rejected by the RDF plant as hav- ing no value as a fuel or as a marketable byproduct. Focus on securing necessary permits and completing None of the existing landfills within the region could acquisition once a site has been supported by local accommodate this waste; therefore, a regional landfill officials and the majority of the public, was needed. Although planning for a regional solid waste solu- Convince the public of the soundness of the project, tion began in 1973, negotiations with the Navy delayed This requires documentation showing that the project the RDF project until the early 1980s. During this pe- is necessar~ as well as thorough investigation and air- riod some of SPSA's member jurisdictions had no in- ing of the alternatives, ternal, short-term solution for solid waste disposal because none of the existing landfills complied with Cultivate and maintain the support of nonelected corn- state and federal regulations. The city of Suffolk was munity leaders. Those in charge of the NH/VT Project one of those jurisdictions. attended the functions of community groups such as Created in 1974 by a two-stage consolidation of a Kiwanis clubs, Rotary clubs, and leagues of women city, a county, and two towns, the city of Suffolk has a voters to speak about the need for the project and to land area of 430 square miles, the largest of any city in address any concerns. Virginia, and a population of 48,000. In the early 1980s, · 6 Management information Service the city realized that it would have to either close its ery conditions for the waste, tipping fees, and liability. existing landfill because of leachate and groundwater Within the liability section, the environmental safe- contaminatic~'~ or expend considerable funds to come guards that govern the construction and operation of into compliance with state regulations. Because of the the regional landfill are set forth. delays in the RDF project and the immediate need to dose its landfill, Suffolk was relatively receptive to the Environmental protection insurance. Besides liability idea of a regional landfill being sited within its juris- insurance,' the second section of the agreement obliges diction. SPSA to carry environmental protection insurance in the amount of $1.5 million until operations at the land- NatUre of the Controversy fill cease. After the landfill is closed and landscaped as a recreation facility, the property must be conveyed to The city government of Suffolk had to assure its citi- Suffolk at no cost. zens that the project would be environmentally safe and - that measures would be in place to correct immediately Environmental trust fund. To address any environmen- any problems that might occur, tal problems that may arise later, the agreement requires the establishment of an environmental protection trust Major PoMes fund to exist for a period of 30 years after dose of the landfill and in addition to the environmental protection · The Southeastern Public Service Authority of insurance. SPSA is required to make an initial contri- Virginia (SPSA) bution of $50,000 to the trust fund and then a donation · The United States Navy (located at the Norfolk of $5,000 annually for as long as the landfill operation Naval Shipyard) continues. This trust fund will be available to address · The citizens of Suffolk any problems not covered by insurance during the life · The Suffolk Planning Commission of the landfill; more important, it will cover any prob- . The Suffolk City Council lems that might occur during the 30-year period after it · The news media, doses. At the end of those 30 years, the fund's trustee will distribute all of the fund's assets to the participat- Siting Strategy ing jurisdictions in proportion to the tipping fees they paid. All of SPSA's member jurisdictions except Suffolk Both SPSA and Suffolk agreed that the proposed 350- will contribute to the trust fund. acre landfRl would have to be located in an area that would meet state-and federal siting criteria, be acces- Groundwater protection. SPSA is required to protect sible, offer the potential.for expansion, and be accept- groundwater to the greatest extent possible. A mitiga- able to the citizens of Suffolk. tion plan is included to correct any groundwater prob- To address political concerns, it was agreed that the lems that might result should the landfall's double liner city of Suffolk would use the regional landfill at no cost, system and leachate control systems fail, a concern of while other jurisdictions would pay a tipping fee. This Suffolk residents who live near the landfdl and rely on provision now saves the citizens and businesses of Suf- private wells for their water supply. folk some $1 million per year. No problems were anticipated in implementing the To address environmental concerns, the following terms and conditions of the landfill agreement. How- strategy was developed: ever, the faithful execution of the agreement by. SPSA .. was made a requirement for the conditional-use per- Land-use permit. SPSA would obtain a land-use per- mit granted by the Suffolk City Council. This gave the mit for the construction and operation of the landfill; city two remedies for dealing with any violation of the this would be a conditional-use permit and would, first, agreement: it can revoke the conditional-use permit and be reviewed by the Suffolk Planning Commission and, immediately stop operation of the landfill, and it can second, be considered by the Suffolk City Council for seek a judicial remedy under breach of contract. approval or denial. A public hearing was required for both the review by the planning commission and con- Public Involvement sideration by the city council. As noted earlier, the permitting process required both Comprehensive agreement. The terms and conditions the Suffolk Planning Commission and the Suffolk City for the construction and operation of the landfill would Council to hold public hearings on the location, design, be covered by a comprehensive agreement between the and operation of the proposed landfill. In addition, the city of Suffolk and SPSA. The agreement between Suf- Suffolk City Council, the news media, and other inter- folk and SPSA is composed of two parts: a document ested parties toured the proposed site so that its advan- that outlines the operating procedures of the landfill; tages and disadvantages could be reported accurately and a component that addresses many of the legal as- to the pu-bhc, to assure citizens that the city was not pects of the agreement, as well as items such as deliv-' going to become a dumping ground for the region. Siting Solid Waste Facilities 7 Time Frame and Final Outcome at the same time, the County board appointed an ad hoc citizens' task force to work with county staff and the Although planning began in 1973 and the regional land-- consultant- to develop recommendations on the best fill did not begin operation until January 1985, the sit- ways to handle the county's future waste disposal lng of the landfill did not cause the delay; that was due-- needs. The consultant was to report directly to the task primarily to the length of time it took to negotiate a con- force, which, working with county staff, was charged tract with the Navy for the sale of RDE The siting of with evaluating the feasibility of a resource recovery the landfill and development of the landfill agreement facility in Arlington County. were achieved within approximately one year. When the regional landfill began operations in Nature of the Controversy January 1985, its design and operation were state-of- the-art. The RDF plant, located 15 .miles away in the Arlington County officials were faced with opposition adjacent dty of Portsmouth, began operations in spring from several neighborhoods, each concerned about be- 1987. coming the home of one of the county's less desirable land use projects. Several sites recommended both by a siting consultant and by an appointed citizens' commit- Lessons Learned tee were rejected. Regional cooperation can be a cost-effective method of siting a regional landfill. In this case, eight commu- Nlajor Parties nities shared a land area of 2,184 square miles with a · An engineering consulting firm population of more than 1 million. Establishing a re- * An ad hoc citizens' task force from Arlington gional authority to serve these communities also cre- consisting of about 12 people, including federal ated a conduit for discussion of other issues that can be employees, engineers, and civic activists resolved through regional efforts, such as developing · A management consultant local recycling markets. * Financial advisors · A joint Arlington/Alexandria waste-to-energy Compensation provided to the host community can task force composed of elected officials, city and help make the site and operation of landfills accept- county staff members, the future owner and op- able to citizens. In this case, SPSA agreed to waive the erator, and two citizen representatives from each tipping fee for the city of Suffolk and also agreed to carry jurisdiction environmental protection insurance, establish an envi- · An independent engineer ronmental trust fund, and protect and monitor the * A utility rate economist groundwater. * A private utility. ARLINGTON COUNTY AND ALEXANDRIA, Siting Strategy VIRGINIAwWASTE-TO-ENERGY FACILITY The consultant's task was to look at potential sites and develop a recommendation for one within the county. Background The final proposed site was located in South Arlington , and abutted an affluent neighborhood on one side and In 1982, Arlington Count, V'n-ginia, began to look for the county water pollution control plant and refuse alternatives to the Fairfax County land611 located near transfer station on the other. However, when the citi- Lorton, V~rginia, where all municipal solid waste from zens' task force presented the consultant's study to civic the county was taken at the time. The landfill was ex- associations near the proposed site, opposition was pected to reach capacity by the mid 1990s, and Fairfax strong. Neighborhoods in South Arlington felt they were County asked all jurisdictions using the landfill to de- rapidly becoming the recipients of more than their fair cide whether they would join Fairfax County in the con- share of the county's LULUs 0ocally undesirable land struction of a regional waste-to-energy facility or reduce uses). Citizens were not greatly concerned with preserv- the quantity of waste delivered to the landfill by about lng aesthetics or about dec 'lLning property values, but 90 percent, worried about additional traffic volume. Arlington County, with 26 square miles and a popu- While Arlington County investigated waste-to- lation of 163,000, is the third smallest county in the na- energy options, the adjacent city of Alexandria (popu- tion. Reliance on a facility not under the direct control lation 111,000) hired a consultant to produce a request of the county was a cause for concern, but with no con- for proposals (RFP) for contractors to build and oper- venient space available, a landfill inside the county was ate a waste-to-energy facility. Alexandria's RFP identi- not an option. In December 1982, Arlington County fled two waste stream possibilities: Alexandria only, or hired an engineering consulting firm to judge the feasi- Alexandria and Arlington County. When the city re- bility of constructing its own waste-to-energy facility; ceived the proposals, it invited Arlington County to 8 Management Information Service participate as an equal partner in a joint project to build climbed substantially. A local environmental group met the. plant. Arlington agreed, with civic associations in Alexandria to discuss dioxins As the partnership developed, it was suggested that and other safety concerns; extensive local media cover- the facility be built in Alexandria, at a site then in use age also helped focus public attention on dioxins and as a refuse transfer station. Because the area had his- heavy metal emissions that could result from incinera- torically been used for similar purposes, there was lira- tion,.. ited opposition, and concern about dioxins was not yet Concerns were also elevated because the Alexan- strong within the community. The two jurisdictions ch'ia/Arlington facility had been permitted in 1984, and agreed to build the new facility in Alexandria on the since that time the best available technology had transfer station site and began negotiations for construc- changed. Fairfax County, at this time conducting per- tion with a development firm that had built a nearby mit hearings for its regional waste-to-energy facility, was waste-to-energy facility. Negotiations were completed being required to install acid gas scrubbers and other by December 1984, and bonds were sold .to finance the control devices, whereas the Alexandria/Arlington.fa- facility. Ultimately the development firm first chosen cilia, permitted earlier, was required to have only elec- to.construct the facility could not come up with the re- trostatic precipitators. As a heightened risk was quired equity and a larger firm was selected to corn- associated with the less stringent controls, citizen agi- plete the project, tation focused on the new requirements for pollution A management consultant helped direct the nego- control equipment. tiations during the early months of the project and was In addition, the'Alexandria/Arlington waste-to- extremely useful in identifying project risks and allo- energy facility did not meet the requirements for nitrous cating initial responsibilities. Financial advisors with oxide (NO) emissions, which can contribute to acid significant waste-to-energy experience were also hired, ram. As a result, the operator of the facility had to seek both by the city of Alexandria and by Arlington Count, a permit change from the state air pollution control to assist in the negotiations. Additionally the two juris- board. In permitting an increase in NO emissions, the dictions kept under contract throughout the entire air pollution control board required a reduction in over- project development process, including construction, an all acid gas emissions to within the permit limits. In engineering firm that both had used for previous order to do this, the operator would have to install a projects. To sell bonds, an independent engineering lime injection system· evaluation of the project was also conducted. ' A third area of environmental concern was the lack Because the jurisdictions planned to sell electridty of a covered tipping hall in front of the facility. As de- to Virginia Power, they decided to seek the help of a signed, the facility had an enclosed pit for the disposal utility rate economist, whose services were one of the of refuse; however, anyone driving down the street ad- least costly elements of the project and proved to be jacent to the facility could easily see refuse in the pit. among the most valuable. Negotiations with Virginia As a result, many complaints were received. Power were difficult, and the economist helped greatly The public controversy over the start-up of the fa- in obtaining a highly favorable contract for the juris- cility led the Alexandria City Council and Arlington diction. County Board to appoint a waste-to-energy task force. Volunteers were recruited from civic associations, local Public Involvement businesses, and the chambers of commerce. The pur- pose of the task force was to oversee the start-up op- The public was involved both in the site selection pro- erations and make sure that any problems were resolved cess and in oversight of the start-up of the resource re- to the satisfaction of the jurisdictions. In addition to for- covery facility. From the beginning, Arlington County mai members, others attended the task force meetings, realized the importance of pubhc involvement. A citi- induding concerned citizens and representatives from zens' task force worked closely with county staff mem- the Sierra Club. All papers and handouts on the facility bers in developing a siting strategy and in presenting from the task force were distributed at the public meet- the results to citizens' groups located near the proposed ings and made available through the mail on request. sites. In addition, the public was invited through news- The task force met regularly for over a year, exam- paper ads to participate in the public hearing process, ining performance testing and operation of the facility. When it becan,e dear there was no local support for In early 1989, the task force issued its final report, the proposed sites within Arlington Count, the idea of which contained several recommendations designed to a joint project with the city of Alexandria was embraced, assure residents that the facility would be operated in although both jurisdictions realized the potential for an environmentally sound manner and that it would opposition to that site as well. go beyond even the strict requirements of the state air Public opposition did, in fact, increase. When a quality permit. The recommendations included addi- Public hearing on the facility's original air quality per- tion of a fourth field to the electrostatic precipitator, in- mit was held in 1984, no speakers from the general pub- stallation of a lime injection system to control NOx lic attended. But by the time the facility was ready to emissions, and construction of a covered tipping hall undergo its initial performance testing in 1987, before to ensure odor control and to eliminate the visual ira- commercial operation began, public concern had pact of refuse in the pit. The task force also sought to Siting Solid Waste Facilities 9 ensure development of an integrated solid waste man- Finally, as stated earlier in this case study, the utiJ- agement system by recommending the implementation ity rate economist used by the jurisdictions was one of of a recycling-program that would operate in conjunc- the most valuable members of the team. The importance tion with the waste-to-energy facility, of local staff, however, should not be minimized. It is necessary to have staff who can commit considerable time to the project to ensure that all derisions made Time Frame and Final Outcome throughout the process meet the community's goals and The siting for the waste-to-energy facility began in 1982· objectives. For the next six years, the two jurisdictions worked to- gether to site, design, and construct the facility. By Feb- ruary 1988, commercial operations began at the COLUMBIA COUNTY, WISCONSIN--MATERIALS 975-ton-per-day plant, which now receives approxi- RECOVERY FACILITY AND IN-VESSEL mately 250,000 tons per year of municipal solid waste COMPOSTING FACILITY from both jurisdictions and generates about 20 mega- watts of power annuall3~ all of which is sold to Virginia Power. Background In 1979, Columbia County, a rural county in central Wisconsin with a population of 42,000, began a search Lessons Loomed for a new sanitary landfill site to replace its small land- fills. Unable to find an environmentally sound and po- A joint facility is an option for small cities or coun- litically acceptable site, the County began to explore ties that wish to control management and operation alternatives such as incineration, recycling, composting, of a solid waste facility while reducing costs. Arling- and transfer stations. Munidpalities wanted the county ton and Alexandria decided not to join in a regional to develop a recycling program that would extend the waste-to-energy facility with neighboring Fairfax life of the town landfills. In the early 1980s, the county County, because both the dty and the county are rolo- began an award-winning recycling program and tively small jurisdictions and they felt they would not 9pened a materials recovery facility. The state of Wis- have enough control of the facility, consin funded a two-year pilot composting program, - · which was administered by the state's Department of Anticipate future public demands for pollution con- Natural Resources (DNR) through Columbia County. trol to avoid costs and.~ublic criticism. Arlington The materials recovery facility soon outgrew its County offidals~id not go beyond the letter of the law indoor space, and the incoming recydables left stacked in establishing environmental controls for the initial re- outside the facility were often blown around the area. source recovery facility. For example, electrostatic pre- Columbia County began planning to move to a new site cipitators requiredby the specifications were built with with larger storage and processing capacity for three fields, with a possibility of adding a fourth field recydables and with room for a comp. osting facility. in the future. This met the requirements of the state air pollution control board for particulate emissions reduc- tion, but did not go very far beyond them. In addition, Nature of the Controversy space was designed for the future addition of acid gas The proposed move incited the opposition of local resi- scrubbers, if required. However, a consdous decision was made not to install this.equipment because it would , dents, who were concerned about aesthetic degradation add significantly to the tipping fee at the facility, of the neighborhood, as well as about potential nega- In retrospect, offidals felt that neither of these de- rive environmental impac{. ' cisions was a wise one; reforms were needed later to remedy these mistakes. The lime injection system and Major Parties a fourth field to the electrostatic precipitator were added after the facility became operational, not to meet the · The Columbia County Division of Waste Man- state requirements but to satisfy community demands agement to do more io preclude environmental damage." · Pacific Township's town board · The Wisconsin Department of Natural Resources The use of outside advisors with signiticant previous (DNR) waste-to-energy experience can be extremely valuable. · An ad hoc committee on waste management For example, the type of financing needed for a waste- needs assessment, a seven-member group ap- to-energy facility is unusual, and experts in this field pointed by the Columbia County Board of Super- should be sought when developing a project. It may also visors be helpful to have an objective entity such as a man- · A p_n.'yate consultant agement consultant to aid in negotiations with the · The citizens' committee in Pacific Township, a builder/operator, to identify project risks, and to' all0- self-organized group of about 15 citizens op- cate responsibilities, posed to the siting. 10 Management Information Se~ce Siting Strategy be entailed in its daily operation, and spelled out costs. Additional discussions were held to define the exact Th~ county considered siting two separate composting extent of the county's responsibilities as owner and facilities in an effort to cut transportation costs, but the operator of the materials recovery and composting fa- ad hoc committee decided that labor and equipment cilities. would be more efficiently used if both in-vessel com- The 35 to 40 people who came to the first public posters and a new state-of-the-art materials recovery hearing believed the county was trying to force the corn- facility were built on a single site. A sliding tipping fee munity to host a facility it did not want. They were also would be charged to help offset the greater cost of trans- concerned about groundwater contamination, which portation borne by those communities farthest away. they thought might result from the composting activi- County officials chose a 65-acre site in Pacific Town- ties. ship that contained 20 acres zoned for industrial use, A dtizens' committee-was formed, primarily to 40 acres of farmland that could be used as a buffer zone prevent the facility from being built on the chosen site. for the in-vessel composting facili~, and five acres of The committee suggested an alternative to the county's undeveloped residential land. The site was near the proposed site, not on the basis of sound environmental main highway and was easily accessible. In addition, a and technical criteria, but because the site was not in large warehouse stood on the property. Some neighbors the township. The county agreed to consider the sug- supported the project because they preferred the mu- gested site, since it appeared to be satisfactory. Ulti- nicipal solid waste facility to the truck-driving school mately, however, this site was rejected because that had been located there, operational costs would have been too high, given its Having lost an earlier site to an outside buyer, remote location. county officials moved to purchase an option on the When the DNR granted the county the permit for property and applied for a permit from the DNR. The the original site, the town board agreed to license the officials were surprised, however, when members of facility. However, the county was required to agree to a Pacific Township's town board informed them at a number of conditions. For example, one member of the · county board meeting that the township had a solid dtizens' committee, a former bulldozer operator at a waste ordinance that granted the board authority to li- local landfill, convinced the township to require the cerise the site, which meant that the materials recovery county to put a plastic membrane lining under the tip- facility and the composting facility were subject to town- ping floor and to install double-walled pipe in the fa- ship approval, cility. The county incorporated these precautions into The county went to the next township meeting and the design of the facili~, although they cost thousands submitted an application to site the combined facilities of dollars more than anticipated. in Pacific Township. The township, however, discov- The township also specified that the county take ered that the county had already made an offer on the over Pacific Township's garbage collection free of charge property and assumed it had done so to force the town- or pay permitting fees sufficient to cover collection costs. ship to agree with the county's choice of a site. This The township retained the right to inspect the premises misconception, together with the fact that the existing at any time during business hours and the authority to materials recovery facility had become unsightl); incited issue a citation if anything was out of order. If the mat- both citizens and township officials to raise questions ter was not satisfactorily resolved, the township re- ' about the site and facility, served the right to conduct the cleanup itself and then During siting discussions, the state of Wisconsin to bill the county. Finally, the county, on the advice of passed a recycling law making dries and towns respon- its/~rivate consultant, chose to monitor area wells. Two sible for meeting state recycling quotas unless all par- rounds of tests were run before the opening of the ties, including the county, agreed to designate the composting facility, and annual tests are run now that county as overseer. This mandate further complicated the facility is in operation. negotiations with Pacific Township, as the parties in- volved now had to deal simultaneously with two re- Time Frame and Final Outcome lated recycling issues and consider new financial and legal alternatives. Columbia County took possession of the new land in November 1990. The materials recovery facility opened in April 1991, and the composting facility began opera- Public Involvement tions in the fall of 1991. The county notified in writing all the dtizens within a half-mile radius of the site about the potential facility, the date and time of public hearings, and means of pub- Lessons Learned lic participation in the siting process. In several meet- ings of county officials, representatives of the township, Alert citizens to all official decisions related to siting, and local citizens, the county explained that it would even minor ones. Although the county was not trying continue to operate the facili~, outlined what would to hide anything, citizens believed that it was. Because Siting Solid Waste Facilities 11 of the county's failure to notify the township of its bid Major Parties on the property, township officials' apprehensions were compounded. · A citizens' advisory committee appointed by the -- board of county commissioners, composed of Include residents at an early stage. Announcements-- homeowners, environmentalists, refuse haulers, about the siting effort should be posted in the local pa- and other members of the local business commu- pers, encouraging citizens to attend public meetings and nity air their views. Early steps to involve the public may · County officials, primarily solid waste and utility help counter later attempts by angry citizens' groups directors that feel they have been left out of the siting process. ° A solid waste consultant · The Florida Power Corporation. Be willing to compromise. For Columbia County, the ~ key to a successful siting was the willingness to negoti- ate. It is next to impossible to eliminate aH opposition. Siting Strotegy Therefore, compromises must be made, as exemplified ~ by the county's agreement to install the double-walled Landlill siting. A five-step process was used to select pipe and the liner under the tipping floor. Although the sanitary landfill/ashfill site for Pasco County. The these features added to the price of the facilities, the first two steps involved eliminating those areas within siting was successful and the county avoided the great the county that were either unacceptable or only mar- expense of investigating alternative sites, ginally acceptable for use as a sanitary landfill by use of "negative siting criteria." The third step identified Plan for the unexpected and look for creative solu- preliminary sites by comparing landfill/ashfill land re- tions. The timing of the state recycling legislation quirements with land availability and ownership restric- worked against the county and exacerbated its conflict tions. Fourth, the preliminary sites were compared, with the township. The township used the state legis- using "positive siting criteria" to identify four candi- lation and its funding potential as a bargaining tool by date sites. Finally, these four sites were evaluated in threatening to back out of the county's program and detail to determine the best for construction of the land- work out a profitable plan of its own. Both the town- fill/ashfill. ship and county realized that such a plan would not be Two levels of negative siting criteria were applied financially viable, even with state aid. However, the to the potential sites. First to be eliminated were areas county acceded to several of the township's demands with high flood potential, potentially negative well-field in order to get its cooperation. For Columbia County, impacts, existing urban development, water bodies compromise and the commitment of the county, cities, within approximately 200 feet, and areas near an air- villages, and townships were needed to achieve a low- port. Then areas with a water table depth of less than cost, long-term, countywide solution to managing solid five feet were elLminated because of the risk of ground- waste, water contamination. Lands designated as preservation and conservation areas were also disqualified. Next, a consultant determined that an area of 400 PASCO COUNTY, FLORIDA--WASTE-TO-ENERGY to 600 acres would be required for the landfill, includ- FACILITY AND ASSOCIATED LANDFILL/ASHFILL ing land for buffer zones, drainage facilities, and road- , ways. Low population density (fewer than ten owners Bockground per 640 acres) was desirable because large parcels cost · less and are easier to obtain. Using the land and owner- To accommodate the increasing quantities of solid waste ship restrictions, the consultant conducted detailed field generated by rapid population growth, Pasco County, reviews and identified nine preliminary sites. . Florida (population 281,000), contracted with a solid These sites were evaluated using positive site waste consultant to develop and implement a evaluation criteria: countywide waste-to-energy program, ancillary facili- · Geotechnical factors (e.g., potential for sinkhole ties, and a lanclfill/ashfilL These facilities are compo- formations) nents of the county's comprehensive solid' waste management system, which also incorporates a mate- · Hydrogeological considerations (e.g., conditions rials recovery/recycling program, that could cause contamination of major potable water supplies) · Cost factors that cause one site to be more expen- Nature of the Controversy sive to develop than another (e.g., proximity to waste generation centers or utilities, site access, Past attempts to site a sanitary landfill had failed be- and aesthetic impacts). cause political officials and citizens opposed sites con- sidered and no systematic, scientific siting criteria On the basis of these criteria, four sites were se- existed to justify a final site selection, lected for more detailed evaluation. Next, the differences 12 Management Informalion Service among the four sites and each site's advantages and substation stood just outside the site boundary. Because ali disadvantages were identified, using the same site excess electricity generated by the facility would be sold evaluation criteria-used in the overall site selection pro- to FPC, the location of the transmission line and sub- cess: hydrogeological/geotechnical assessments; cam- station was considered an important asset. These fac- patibility with adjacent land use(s); Environmental tars, combined with the benefits of convenient ash impact; permitting considerations; and comparative disposal, made this site an ideal location for the county's costs. The consultant also identified important design waste-to-energy facility. issues and mitigation measures at each of the four sites, including groundwater protection, structural consider- Public Involvement ations, surface water protection, operational consider- ations, and aesthetics. Finally4 the consulting firm A citizens' advisory committee appointed by the board recommended one site that best satisfied th6 established of county commissioners was formed at the initiation criteria, of the sitingproject, consisting of a cross section of Pasco County citizens. It met with the siting consultant Waste-to-energy facility siting. Once a site had been throughout the process, first to review criteria and later chosen for the sanitary landfill/ashfdl, a similar pro- to review the methodology and progress of the siting cess was used to site the waste-to-energy facility. Three process. The committee supported the criteria and meth- broad categories of site evaluation criteria were estab- ods to be used to site the facilities and, by doing so, it hshed: engineering, institutional, and environmental, essentially agreed to the site that was ultimately selected Within each were more specific site-evaluation criteria, through the use of those criteria and methods. The in- including geological conditions, land requirements, lo- volvement of this committee helped minimize citizen cation, utilities, accessibility, comparative costs, zoning concerns that could otherwise have derailed the pro- and land use issues, ownership, air quality, water qual- cess. The committee met monthly and listened to the ity, noise, biological resources, and cultural resources, concerns of the local organizations and residents who Elements of negative and positive siting criteria appeared before them. were combined to focus rapidly on those general areas A number of public workshops that were adver- most suitable for a waste-to-energy facility. The nega- tised in local newspapers also served t° keep dtizens tive criteria were wetlands, zones of influence around informed throughout the siting process. After the sites airports, 100-year-storm flood areas, environmentally were recommended, media coverage and citizen inter- · sensitive areas, and recreational and open space areas, est increased substantially. The positive criteria comprised accessibility to major Citizens voiced concerns about the facility's effects highways and inter-~hanges, locations of electric trans- on taxes, public health, environmental aesthetics, and mission lines and substations, locations and availabil- pollution. Opposition came primarily from residents ity of water service areas and wastewater treatment hving near the site and citizens concerned about dis- plants, and the location of a refuse generation center posal of the ash and potential contamination of ground- near the potential site. water. The engineering consultants were present at all Electrical transmission lines, industrial zones (in- meetings to respond to questions about the technology duding the existing solid waste disposal facility), waste- that would be used to protect water sources and reduce 'water treatment facilities, and waste generators air pollution. provided potential sites. The search focused on areas with compatible land uses, automatically eliminating Tinge Frame and Final Outcome many sites that would have fallen victim eventually to cost and other criteria, The siting study was undertaken in 1985. Following site Specific sites were identified on the basis of addi- selection, the county proceeded with permitting, envi- tional criteria: site size (minimum of approximately 25 ronmental assessments, and design activities. Construc- acres), land use (vacant or undeveloped land), and land tion began on the Pasco County waste-to-energy facility ownership (maximum of two owners). The consultant and sanitary landfill/ashfill in spring 1989 and was also used a list of applications supplied by the county completed in July 1991. planning department that showed which properties were already approved and which were awaiting ap- proval for development. Seven preliminary sites were Lessons Loomed chosen. Key siting criteria were applied to each site and a Involve citizens early and throughout the siting pro- rating of 1, 2, or 3 (representing good, average, and be- cess. The citizens' advisory committee agreed to a sys- low average) was assigned for each criterion. On the tematic siting process using specific criteria. Since basis of the tally of the weighted ranking scores, four consensus on this process was reached at the outset, the candidate sites were selected, committee was effectively committed to supporting ,~ Of these four candidate sites, one was contiguous sites fulfilF~g the criteria. to the site selected for the county's new sanitary land- ' fill/ashfill. A Florida Power Corporation (FPC) trans- Develop specific criteria that will help narrow the mission line bordered the site, and an electrical search to a very small number of sites. Siting Solid Waste Facilities 13 MARICOPA COUNTY, ARIZONA--REGIONAL _Siting Strategy (I) · LANDFILL To ensure participation by all affected parities, the county Background formed an initial oversight committee consisting of rep- resentatives from the county, the city of E1 Mirage, and In 1984, a privately owned, 100-acre solid waste land- the Arizona Department of Health Services. fall located within the city limits of E1 Mirage (5,001), a One of the committee's first tasks was to oversee small municipality in the northwest quadrant of Mar- the hiring of a siting consultant to provide engineer- icopa County (2,122,101), was facing closure. Perched ing, scientific, economic, and environmental analysis of on the west bank of the Agua Fria River, the landfill the sites under consideration. The county thought that was under attack by concerned citizens. In 1980, flood- a consultant's report would be perceived by the public waters had carried tons of garbage to points many miles as more objective than one prepared by a governmen- south. Several cities and unincorporated communities tal agency, thereby improving the political acceptabil- that used the lancifill needed to find other facilities, ity of the final siting decision. Because the cities of Maricopa County opposed a Among the criteria developed by the oversight ~ new public landfill within their city limits, and because committee to guide the selection of a consultant were the large unincorporated communities of Sun City --* Availability and resources (38,126) and Sun City West (15,997) were the major us- · Qualifications ers of the landfill being replaced, the county agreed to · History of similar projects lead the search for a replacement site. · Experience in handling sensitive issues · Related local experience. Nature of the Controversy The most qualified respondents to the county's so- Although citizens accepted the need for a regional land- licitation were selected for interview by the committee. fill, concern about its location was high. Every site ini- Maricopa County funded the siting consultant and ne- tially considered by Maricopa County met substantial gotiated the fees. public opposition. Although the study area consisted of vast stretches Public Involvement of open desert and undeveloped farmland, the first public meeting brought out hundreds of residents an- When the committee scheduled a public meeting at gry about potential effects on water quality, property which proposed sites were.to be presented, only 30 citi- values, traffic, land use, and their lifestyle. It became zens came. Almost all of them were residents of a small clear that the siting process had to be restructured to unincorporated residential area who loudly opposed a include the public from the preliminary study stage t/) proposed site near their community. the final siting decision. Realizing that additional publicity was needed to · - attract more citizens, the county scheduled another set Major Parties of public meetings, which local newspapers were asked to publicize. Committee members supplemented news · The Maricopa County Public Works Agency releases with personal phone calls to the media; public · The -Arizona Department of Environmental input was ardently sought. Two meetings were held'on Quality (DEQ) consecutive nights to ensure that residents had a choice · Municipalities of Avondale, E1 Mirage, Glendale, ' of nights; a total of about 500 people attended. · Goodyear, Litchfield Park, Peoria, Phoenix, Many attendees were.critical of the siting options, Surprise, Tolleson, and Youngtown and NIMBY concerns were commonly voiced. The · The unincorporated communities of Sun City, county addressed these problems with the assistance . Sun City West, and Wittman of the siting consultant by responding to comments with · An independent, professional siting study con- specific answers about the effect of a landfill on sur- sultant rounding properties. County staff took this opportunity · An initial multijurisdictional oversight committee to suggest to the public that simply looking for a re- consisting of representatives from the county, the placement for the small (100-acre) E1 Mirage landfill was city of El Mirage, the Arizona Department of not the route to take. The county emphasized the need Health Services, and the siting consultant for a regional landfill that could handle the northwest · A citizens' advisory committee (the expanded area of the valley for the next 50 years. The need to get multijurisdictional oversight committee) consist- ahead of the solid waste problem was identified as an ing of 25 people, including representatives of important goal of the siting project. local-municipalities, area residents, homeowners' As well as giving county officials an opportunity associations, real estate developers, the farming to address citizen concerns and educate the public about community, water interests, the local school sys- the need for a regional landfill, the meetings proved to tern, environmental groups, and other concerned be a productive means of gleaning information about parties public preferences. For example, residents made it clear · Maricopa County residents, that they would be willing to pay more to haul their 14 Management Information Service garbage farther away from developed areas and that the siting study area needed to be expanded. Attendees also requestedgeneral public represen- Model landfill siting process tation, particularly from the areas being considered as · C~rly iclonfn~/the no~! for a landfill and potential sites, on the oversight committee. To meet this develop consensus about the need. demand, the multijurisdictional oversight committee '--- Iclen~/the appro~dmate so~ce area. was transformed into a 25-member citizens' advisory * Obtain the support of affectecl government committee. As the study area expanded, representation on~os for a study. on the oversight committee broadened to include area' · Establish a mulfljurtsdictional aoVisoty committee, residents, representatives of local municipalities, Includino represontc~ves tram all homeowners' assodations, real estate developers, the Oovommon~ Individual citizer~ homoowr~rs' farming communi~, water interests, and other con- cmociotior~ anci ott~r affected interests such cemed parties. Both citizens and county of:fidals felt the os fotrrmm, envirOnrnonfo~'ts, focal estate size of the committee was appropriate because it was develogx~rs, ar~ water Interests. · Throughout the process, reach out to and recruit representative of the number of communities involved residents from aU g~tentiaUy affected and the large geographical area being studied. * Select an Inde~onctont ou~lde con,~itant to do technical studies and provide technical advice. Siting Strategy (11) · Have the committee select and approve the site selection criteria and assign weights to them. The purpose of the siting strategy was to identify areas * Have ~t~ comm~o~ select and.approve that appeared to be reasonable locations for a regional candidate ~es for review. landfill, eliminate specific locations within those areas · Have the consultant study the candidate Mites that were unacceptable for legal or other reasons, and and evaluate the technical issues. · Merge the consultant's technical data wtth invite public comment on those locations that initially welohtocl crffetia. appeared most feasible. * Hove the committee review and select o The citizens' advisory committee conducted a de- recommended Mite for final approval. tailed review of the final list of proposed sites. The sites · Conduct public mootinos frequency throughout that survived this stage were then reviewed against the ff~ ~'ocess. following selection criteria, which had been developed 'o Ensure media coverage at oil stages. and approved by the committee itself: · Water quality · Existing and future land use The county's ultimate goals in the improved siting · Traffic strategy were to maximize the chance for public input, · Air quality to document the study criteria and findings as objec- · Noise level tively as possible, and to uncover possible problems and · User costs, issues before the final public hearing. To make the ultimate decision as objective as pos- Public participation continued after the final site 'sible, committee members assigned weights totaling 100 selection. The dtizens' advisory committee held a "de- percent to the siting criteria. For instance, a member, sign concepts" meeting to inform the public about pre- considering personal priorities as well as those ex- liminary site plans. At the meeting, the siting committee pressed by his or her communi~,.might have assigned ad~lressed concerns about hazards to water supplies and water quality 40 percent, land use 25 percent, air qual- continued to work with the p.ublic to minimize visual ity 10 percent, traffic impact $ percent, noise 5 percent, and traffic impacts on the community. and user costs 15 percent. Then differences were dis- cussed, and eventually a weighted average for each cri- ~ime Frame and Final Outcome terion was adopted by the committee as a whole. At the same time, the siting consultant used the The Maricopa County sanitary landfill siting effort be- same six criteria to rank each location according to its gan in February 1984 and continued for roughly five desirability as a potential landfill site. The fiaal percent- years. Voters countywide approved funding in a May ages assigned by the committee were then multiplied 1986 bond issue, and the Northwest Regional Landfill by the consultant's scores for each site. This composite opened on December 1, 1988, It has a designed life of score ranked the sites, and the highest score determined 50 years, which is expected to be extended through fu- the preferr_ ed site. ture recycling programs. The finalist sites surrounded the unincorporated Other results have included the development of a community of Wittman. When residents of Wittman model landfill siting process (outlined in the box above) became aware that the sites were located in and around that has been successfully followed in the development their community, two well-attended and interactive of other municipal solid waste landfills within Arizona, meetings ensued. A county supervisor and a steering including the Southwest Regional Landfill, also located committee chose volunteers to represent Wittman on in Maricopa County, and the proposed Southeast Region- the citizens' advisory committee, al Landfill, a joint venture with Pinal County, Arizona. Siting Solid Waste Facilities 15 Lessons Learned correlating the siting of hazardous waste landfills with the racial and economic status of surrounding commu- 'Develop and-use a weighting process in conjunction nities. According to this study, 75 percent of the off-site with criteria. This process factors financial and aesthetic hazardous waste landfills in EPA's Region 4 (the south- concerns into the original decision, allowing decision eastern states) were located in African-American com- makers to quantify the community's subjective concerns munities. while at the same time considering technical feasibility In 1987, the United Church of Christ released a re- and environmental soundness. The weighting system port that showed that the proportion of minorities in is a method of incorporating the negotiations and corn- the communities with the largest commercial landfills promise that occur in every successful siting episode, was three times greater than in communities without such facilities.. Present citizens with clear and accurate information The problem of siting disparities has surfaced not about their community's waste problems and options, only in urban areas biat also in rural settings. Open discussion throughout the process is crucial, and Developers have been especially interested in sit- debate can facilitate the process of assigning weights to ing regional waste facilities on Native American lands siting criteria. __. : because reservations frequently have low-cost property ~; available and do not have to comply with state and fed- eral regulations. PUBUC PARTICIPATION AND ENVIRONMENTAL In mid-1991, the California Supreme Court ruled EQUITY in favor of the majority Spanish-speaking population of Kettleman City, located in a rural California county, A common element of the case studies detailed in this which opposed the construction of a commercial toxic report is the importance of public involvement. Public waste incinerator in their community. The judge over- offidals and dtizens must work together to manage the turned the county's approval of the incinerator because solid waste problem and to protect public health and notices and public information concerning the plant had the environment. Early and continuous public involve- never been translated into Spanish, an oversight that ment is necessary not only to give credibility to the effectively excluded the plaintiffs from the decision- whole siting process but also to make local officials making process. aware of citizens' perceptions of risks within their Equity in the siting process is not simply another communities. A decentralized decision-making process version of the Not In My Back Yard syndrome. Most should replace the outd~ed centralized process, allow- promoters touting the economic benefits of landfills or ing for participation of all interested parties. A commu- other municipal solid waste facilities have not brought nity whose views have been.fairly considered and that the affected public into the planning and siting process. has been treated by public officials as a legitimate part- In turn, these communities may lack the legal, scien- ner will be a constructive participant in the siting pro- tific, or engineering expertise to evaluate proposals--- cess. or even the organizing experience to get their concerns Minority and low-income communities have found heard. themselves host to a disproportionate number of mu- Meanwhile, low-income or disadvantaged commu- nicipal solid waste facilities such as landfills and nities that already host one facility are often viewed as incinerators. As sites become more difficult to find and good candidates to take a second one. finance, low-income and. minority communities are A regional approach to solid waste planning helps resisting being targeted, by private and public de- 'infuse equity into the siting process. A regional process velopers. Several new studies---and a few lawsuits-- helps all parties see that siting a facility, is not an iso- underscore reasons for managers to consider the equity lated act, and that the responsibility for community issue, problems must be borne by the community as a whole. For example, recently a landfill was planned for a black middle-class suburb of Houston without public involvement in the siting process. Community mem- WHAT WORKS bers had been told that a shopping center was slated for the site. A discrimination suit followed when a study This report has presented several strategies for siting conducted by Robert D. Bullard, a sociology professor municipal solid waste facilities. The following are com- at the University of California at Riverside, found that mon components of successful siting processes: while Houston is only 25 percent Afro-American, most of the city's landfills and incinerators have been located · A clearly demonstrated need for the new facility in neighborhoods populated predominantly by blacks · Active involvement of the public in every stage and other minorities.~ of the siting process Several environmental and citizen grot~ps and the · Ne_ggtiation with the public from the outset to EPA have in recent years focused new attention on "eh- determine technically sound site selection criteria vironmental equity," or the greater health risks borne and facility design by racial minority and low-income communities. In · Use of news releases, conferences, public service 1983, the General Accounting Office published a study announcements, and other means to educate the 16 Management Information SeMce public about solid waste technologieSahd future ADDITIONAL PUBLICATIONS disposal needs · · Dissemination of technical information, including Citizen Participation Handbook for Public Officials and accurate and open communication of potential Other Professionals Se_rving the Public. 4th ed. Laramie, risks, expressed in a nontechnical, understand- Wyo.:The Institute for P~rticipatory Planning, 1981. able manner ICMA. LandfillManagement. MIS Report. October 1990. · A willingness to respond to community concerns U.S. Environmental Protection Agency, Emergency and to mitigate negative impacts on the commu- Planning and Community Right to Know. Seven nity Cardinal Rules of Risk Communication, by Vincent T. · Genuine concern for pubhc health and safety Covello and Frederick W. Allen (Mail Code OS-12). · A dear readiness to provide adequate compensa- April'1988. tion to host communities U.S. Environmental Protection Agency, Office of Solid · Planning for a new waste management facility Waste and Emergency Response. Decision-Maker's five to seven years in advance. Guide to Solid Waste Management, Volume I (EPA 530- SW-89-072). November 1989· As evidenced in the case studies, the presence or U.S. Environmental Protection Agency, Office of Solid absence of these factors can significantly affect the out- Waste and Emergency Response. Siting Our Solid come of the siting process. Siting solid waste facilities Waste: Making Public Involvement Work (EPA 530-SW- demands that local governments take an open, flexible 90,020). March 1990. approach. The issues are scientifically complex, the tech- nologies often state-of-the-art. Managers must be re- sponsive, adaptable, and fast on their feet. These case CONTACT INFORMATION studies provide a glimpse into what has worked and what has not worked in some communities. For the foreseeable future, solid waste facility For information about the Fairfax case study, contact: sitings will continue to be the subjects of intense public Tanis Skislak, Chief scrutiny and will engender emotional opposition. Suc- Waste Reduction and Recycling Branch cess will rest on the ability of local governments to main- Fairfax County Division of Solid Waste Collection and tain their credibility in the eyes of their dtizens. The Recycling challenge is to keep the focus on the long-term best in- 12000 Government Ctr. Parkway, Suite 364 terests of the community and to keep the debate open Fairfax, Virginia 22035-0061 'and constructive. 703 / 324-5436 For information about the New Hampshire/Vermont 1. Dan Goldberg, "The Quest for' Environmental Equity,'~ MSW case study, contact: Management (April/May 1992), pp. 27-33. Ted Siegler Vice President EPA RESOURCES DSM Environmental Services P.O. Box 466 Sites for Our Solid Waste: A Guidebook for Effective Public Ascutney, Vermont 05030 Involvement is a valuable and informative guide for public officials, industry professionals, and citizens 8,02/674-2840 concerned with the management of municipal solid For information about the Suffolk case study, contact: waste. The guide's detailed information about the facility siting process includes siting strategy, Colonel John L. Rowe, Jr. involvement of the public with the process, and (former city manager of Suffolk) evaluation of the effectiveness of the project. To Business Executive order a free copy of this publication, call EPA's Virginia Military Institute RCRA Hotline at 1-800-424-9346. Lexington, Virginia 24450-0304 EPA also has a toll-free Citizen's Response Line in the 703/464-7321 Office of the Ombudsman for the Resource DurwoodS. Curling '- Conservation and Recovery Act. Citizens concerned Executive Director about solid waste facilities and possible safety Southeastern Public Service Authority of Virginia violations can call 1-800-262-7937. Callers learn about P.O. Box 1346 their rights and the responsibilities of local agencies Chesapeake, Virginia 23327 in siting facilities and about the role of permitting 804/420-4700 and public hearings in the process· They can learn how the regional EPA ombudsmen can help them pursue concerns and general information on waste' disposal issues. ....... Siting Solid Waste Facilities 17 For information about the Arlington/Alexandria case For information about the Pasco County case study, study, contact: contact: Jeffrey L. Ham Tammy L. Hayes Senior Environmental Planner Marketifig Coordinator/Public Information Specialist Arlington County Department of Environmental Camp Dresser & McKee Inc. Services One Tampa City Center #1 Courthouse Plaza, Suite 801 Suite 1750 2100 Clarendon Boulevard Tampa, Florida 33602 Arlington, Virginia 22201-5445 813/221-2833 703 / 358-3612 For information about the Maricopa County case N. K. Hook, Jr. study, contact: Deputy Director Arlington County Depathi-~ent of Public Works Carole Carpenter --~ #1 Courthouse Plaza, Suite 717 Maricopa County Board of Supervisors. 2100 Clarendon Boulevard 301 West Jefferson, 10th floor Arlington, Virginia 22201-5445 Phoenix, Arizona 85003 703 / 358-3702 602 / 506-7642 For information about the Columbia County case study, contact: William J. Casey Director of Solid Waste Columbia County Solid Waste Deparhx~ent P.O. Box 370 Portage, Wisconsin 53901 608 / 742-6651 UNIVERSITY OF ILLINOIS Vol. 6, No. 2 Published monthly by the Office of Technology Transfer February 1992 of the University of Illinois Center for Solid Waste Management and Research Material Recovery Facilities and Recycling The U.S. EPA Office of Research and Development released its September 1991 Handbook for Material Recovery Facilities for' Municipal Solid Waste. The intent of the handbook is "to assist regional, state, and local community personnel, as well as individuals or corporations considering the establishment of a material recovery facility (MRF)." An MRF is a central operation where commingled or source-separated recyclables collected from residences and commercial establishments are processed for recycling markets. The first MRF in the United States was established in the early 1980s in Connecticut. A 1990 survey by the Governmental Advisory Associates identified 100 MRFs in the United States as either operational, under construction, or in the planning stages. The increased interest in MRFs is related to reducing the amount of municipal solid waste (MSW) that is landfilled and achieving maximum waste reduction through recycling. Once the commitment is made to develop an MRF, the siting process begins. The Siting Two important siting issues expressed by com- tion costs. Ready access to major haul routes munities are protection of the environment and (highways, train lines, and waterways) is also Process proximity to residential areas. Common public important to ensure that materials can be eco- concerns about MRFs include the potential for nomically transported to distant markets. groundwater contamination, air pollution (from To help gain community acceptance of the MRF, truck traffic and process procedures), litter, it is imperative that the public be involved with noise, and traffic patterns. The MRF should be the siting process as soon as possible. located in an area that has suitable hydrogeolog- Preferably, the public should be involved with ical conditions to protect area groundwater, sur- the planning decision about the need for an MRF face water, and soil from potential contamina- and should have representation on the siting tion. It is also important to locate the MRF in an committee. A siting committee that is comprised area that is zoned for light industrial facilities or of a variety of people from local government, in an area that will minimize the impact on resi- industry, business, and the residential communi- dances. The MRF should be located as near as ty should help address siting concerns during possible to collection areas to minimize collec- the preliminary siting process. Waste Once site selection has been made, the size of the waste stream and subsequently brought to the facility can be finalized. Waste characteriza- the MRF can be influenced by several factors: Characterization tion studies are used for determining the size of · state bottle bills and Sizing the the MRF. The study is used to determine the types and amounts of recyclable materials in a · population density and trends M R F community's waste stream. A waste characteri- · residential, commercial, and industrial mix zation study can be conducted as part of a pilot curbside recycling program where residential · seasonal influences solid waste and commingled recyclables are col- · mandatory versus voluntary participation in lected and weighed separately. If all of a commu- recycling programs nity's solid waste is taken to a landfill, the waste · tipping fee costs at landfills or incinerators characterization study could be conducted by separating a percentage of the waste on several · material disposal bans occasions into individual material types (e.g. · community education plastic bottles, food waste, steel cans, yard- waste, and nonrecyclable materials). To control Local governments may impose flow control leg- islation forcing all haulers that operate within costs, some communities may choose to use data from waste characterization studies con- their boundaries to bring recyclables to the MRF ducted by similar towns. No matter what method for processing. Imposition of flow control legisla- a community uses to characterize its waste, the tion is used to guarantee delivery of consistent amounts of recyclable materials recovered from amounts of materials to the MRF. Paper Separate and Ship ~__ Process Incoming Curbside ~ Source I S~aPtaer~ata~sd / Containers Separate and ~ Ship ~__ I Residue to Landfill Figure 1: Flow chart for basic Material Recovery Facility Source: U.S. EPA The Basic URF Only source-separated recyclablematerial is · accept mixed MSW and commingled recyclables accepted at a basic MRF. The materials arrive in · accept only mixed MSW two recyclable streams: a homogenous stream of used paper and a commingled stream of steel · produce refuse derived fuel in addition to and aluminum cans, glass bottles and jars, and recovering recyclables from mixed MSW plastic bottles. The incoming materials are After arriving at the MRF, incoming recyclables brought to the MRF only in commercial collection are separated, processed, and transported to vehicles. Self-hauling of recyclables by the pub- markets. The two major factors that will affect lic is prohibited because the MRF is not the level of processing of recyclable materials designed to accommodate private vehicles, are the economics of processing and market For some communities, a basic MRF will not be specifications. For example, there is no incentive enough to meet projected recycling levels, for an MRF to increase product quality beyond Variations of the basic MRF are possible such that required by markets (e.g., remove labels that a facility will: from steel cans if not required by steel mills). However, to ensure that collected materials are · accept additional material such as used motor marketable, contamination of unwanted materi- oil, yardwaste, and used appliances als must be minimized. MRF After the design of the MRF is complete, the of the separation is dependent on the design of MRF tipping floor and processing equipment can the magnetic separator, the distance of the Equipment be sized. It is at this point that a decision must materials to the separator, the ratio of ferrous be made as to how much mechanization will be cans to other materials, and the amount of fir- used at the MRF. Many MRFs are highly mecha- rous cans contaminated with food or liquid. Once nized, but some hand-sorting of materials such separated from other recyclables, ferrous cans as commingled glass bottles and jars may still be may be hand-sorted into bimetal (cans with alu- needed until adequate and affordable mecha- minum tops and steel bodies used for bever- nized.systems for these materials are available, ages) and tin streams. Ferrous cans that are not According to the U.S. EPA, capital costs f(fr removed from the commingled materials by the mechanized systems range from 75 to 100 per- magnetic separator must be removed from the cent higher than capital costs for similar manual recyclable stream through manual sorting. systems. MRFs are a relatively new concept and Glass bottles and jars are typically separated adequate evaluations of the long-term costs for from the remaining commingled recyclable both mechanized and manual systems do not stream through a combination of chain curtains currently exist. However, a brief discussion of and manual sorting. After removal of the ferrous some of the basic equipment used to process portion of the recyclable stream, the materials recyclables follows, pass over a screen which removes any broken Mixed Paper is placed on a trommel screen (a glass and small contaminants from the racy- rotating screen). Corrugated cardboard and clable stream. Chain curtains pass over the unacceptable materials may be removed from remaining material mix. The curtain retains the mixed paper by hand prior to placement on the heavier glass containers, while the lighter frac- trommel. Large material such as newspaper tion of plastic and aluminum cans is directed passes through the trommel and is baled. Small elsewhere. Glass containers move to the sorting material such as office paper falls through the area. Colored glass containers (amber and trommel screen openings. Hand picking of con- green) are manually separated and removed taminants from office paper may be needed prior from the conveyer system. Flint (clear) glass, the to baling, most abundant of the three colors of glass con- Ferrous cans are removed from the recyclable tainers, can be sorted by letting it travel to the stream by a magnetic separator. The efficiency end of the conveyer and deposited into a sepa- rate storage bin. During manual separation, any Plastic bottles travel via conveyer belt where contaminants such as ceramics or noncontainer they are hand sorted into PET (polyethylene glass are removed from the recyclable stream terepthalate) and HDPE (high density polyethy- and landfilled or incinerated, lene) fractions. Plastic bottles that become mixed with either glass containers or were ejected with Aluminum cans are removed from plastic con- tainers by an eddy current separator that gives aluminum cans are transferred to the plastics the aluminum can a negative electric charge, sorting station. Once separated, PET bottles are The negative charge causes the aluminum cans perforated and baled. HDPE bottles are usually to jump onto another conveyer. Once separated granulated and stored in bins until shipment. from the plastic, the aluminum cans are baled. Markets for There are many factors that contribute to the ways. Crushed glass is used on a limited basis success of an MRF. One of the most vital com- as "glassphalt" to replace the stone base on Recyclable ponents of an MRF (and all recycling programs) roads. Materials is stable markets for collected materials. Before Recently, the U.S. market for green glass bottles the decision of which materials will be collected has deteriorated. One reason is that foreign bev- and delivered to the MRF and what equipment erage producers often package their exported should be purchased, it is imperative that mar- products in colored bottles. In some cases, the kets for recyclable materials are investigated. A same products distributed in the native country glut in some markets for recycled materials and are packaged in flint (clear) glass containers. the current recession have deflated the value of Unfortunately, these same foreign manufacturers virtually all recyclables from prices paid one or do not necessarily purchase the green glass col- two years ago. General markets available for lected from U.S. recycling programs to recycle recyclable materials processed at basic MRFs into new glass containers for export to the United are discussed below. States. This negative flow of green glass has Paper. Downturns in the paper market have lim- caused a glut in the American colored glass mar- ited the demand for newsprint and lower grades ket. of office paper. Recent demand for white ledger Additional problems with marketing recycled con- paper has increased in foreign mills. Overall tainer glass occurs when bottles and jars are not demand for most types of paper will not be fully adequately color separated. For example, mixed realized until procurement and use of recycled colored glass interferes with the "redness ratio" paper products greatly increases. Communities that controls light transmission through the con- should expect to pay a fee to have most types of tainer. Contamination by other materials, such as paper taken for recycling, from metal, stones, and ceramics can damage Ferrous cans, Good markets exist for both tin glass melting furnaces. plated (commonly known as tin cans) and bimet- Aluminum cans. The market for aluminum cans al cans. Steel scrap including tin and bimetal continues to be the strongest of all recycled cans is an essential ingredient in the manufac- materials. Most of the aluminum recovered ture of steel. The small amount of aluminum pre- through recycling programs goes directly back sent in the bimetal cans is not considered to be a into new cans. The market for aluminum cans contaminant in the production of new steel. In will continue to be good since the aluminum pro- addition, contaminants such as paper labels and duced through recycling requires 95 percent less small amounts of plastic from aerosol spray cans energy than that needed to make aluminum from are burned up in steel mill furnaces and do not ore. affect the quality of the steel produced. During the 1980s approximately 100 billion pounds of Plastic bottles. The market for PET and HDPE used steel cans were recycled annually into new plastic bottles continues to grow. Some common steel, end uses for plastic bottles include the manufac- ture of plastic lumber, carpet backing, and fiber- Detinning companies will readily accept tin cans fill. New technologies for recycling plastic such for recycling. Detinning companies have set up as the processes that allow for "closed loop" their own transportation networks to collect these recycling of plastic bottles back into new bottles valuable tin cans because no native deposits of will increase markets. The amount and types of tin exist in the United States. After the tin is plastics used for such diverse products as auto- removed from the cans, the remaining steel is mobile parts, carpeting, and clothing continues to sold to steel mills and foundries, increase. However, strong markets for other Glass bottles and jars. Historically~ the market types of plastics such as multilayered plastic bot- for container glass has been good. In addition to ties and molded plastic containers are sorely producing new glass bottles and jars, some recy- needed to increase the recycling of a growing cled glass can be used in the manufacture of portion of the municipal solid waste stream. fiberglass and reflective beading used on road- The Role of Properly designed and operated MRFs can help Handbook of Material Recovery Facilities for communities meet (and even exceed) their racy- Municipal Solid Waste is a valuable resource for URFs in cling goals. However, the decision to build an anyone considering siting an MRF. To order the R~_~.vclinn MRF should not be taken lightly. Before large free handbook, contact the U.S. EPA Office of amounts of money are spent on waste genera- Research and Development Publications Prog rams tion studies, facility blueprints, and expensive Department at (513) 569-7562 and ask for docu- processing equipment, it would be wise for deci- ment number EPA/625/6-91/031. sion makers to research MRFs. The U.S. EPA's OTT Seeks The Office of Technology Transfer, the University Ms. Stephanie Ikhumen Research of Illinois at Chicago, seeks a Research Editor to The University of Illinois at Chicago research and write technical documents on solid School of Public Health (M/C 922) Editor waste management topics. Qualifications for the Box 6998 position are a BS in engineering or a physical sci- Chicago, IL 60680-6998 ence and experience in environmental science. The University of Illinois at Chicago is an affirma- The annual salary for this position is in the middle tive action/equal opportunity employer. $40,000 range. Interested applicants should send their resume by March 2, 1992, to: Conferences Solid Waste Association of North America Waste Disposal Series, March 28 and May 7, (SWANA) Landfill Gas Symposia, March Urbana, Illinois. Telenet Conferences April 6 and 24-26, Arlington, Virginia. Contact: SWANA at 20. Contact: Kathleen Brown, Cooperative (301) 460-3860. Extension Service, at (217) 244-2847. "Do the Right Thing, Illinois Businesses," Illinois Solid Waste Association and Illinois Office Waste Reduction/Recycling Workshop, Association of County Board Members Third March 25, Schaumburg, Illinois. Contact: Illinois Annual Conference on Solid Waste Issues, Chamber of Commerce at (312) 372-7373. March 28, Springfield, Illinois. Contact: Daniel "The Garbage Dilemma: An Educational Kirby, Illinois Solid Waste Association, at (217) Series Exploring Local Solutions," Solid 522-2388. ocr welcomes comments, The objective of this newsletter is to provide a service to public and private sector decision makers in Illinois by presenting a news items, and requests timely, practical summary of important aspects in solid waste management. Subject matter for the newsletter reflects the for free subscriptions to this hierarchy of methods for waste management specified in the Illinois Solid Waste Management Act of 1986. This Act estab- newsletter, it also wel- lishes as state policy the following priority of methods, in descending order of preference: volume reduction at the source, comes questions about recycling and reuse, combustion with energy recovery, combustion for volume reduction, and disposal in landfill facilities. so~id waste management in The University of Illinois Center for Solid Waste Management and Research was established in support of the state's waste general. Please contact: management effort. This center comprises two complementary units, the Office of Solid Waste Research (OSWR) and the Office of Technology Transfer (OTT). OSWR is directed by Roger A. Minear. oTr is directed by Richard A. Wadden and Mary Baechle has the fbllowing staff: Gary R. Brenniman and William H. Hallenbeck, Associate Directors; Mary Baechle, Newsletter Editor Editor; Candy James, Administrative Assistant. (312) 996-8944 Funding for this newsletter is provided by the Illinois Department of Energy and Natural Resources (IDENR), Office of Candy James Recycling and Waste Reduction (ORWR). The views expressed in this newsletter do not necessarily reflect the policy of Administrative Assistant IDENR. (312) 996-6927 This publication is printed on recycled paper. Office of Technology Transfer (M/C 922) School of Public Health Nonprofit Org. The University of Illinois at Chicago U.S. Postage PAID Box 6998 Chicago, IL Chicago, Illinois 60680-6998 Permit No. 4860 ADDRESS CORRECTION REQUESTED RETURN POSTAGE GUARANTEED Mr. Welfopd Sanders Principal Research Associate American Planning Assoc. i~i~ E. 60th St. Chicago, IL 60627 Commercial Funding Corp. Mr. Joe Saviano, President 4130 N.E. 31st Avenue Lighthouse Point, FL 33064 May 16, 1996 Mr. Joe Costello Planning Department Cityof Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Solid Waste Authority Recycle Plant Commercial Funding Corp. is the Owner of a property at the North West corner of Congress Avenue and Atlantic Blvd. We are presently proposing development of an 11,333 Sq. Ft. retail commercial structure. I have been advised that the Solid Waste Authority of Palm Beach County is proposing the development of a Solid Waste Recycling Plant on a property approximately 1/4 mile North ~ofmy 'site. We feel that this use is damaging to the entire community, will reduce land values, will add heavily to the truck traffic and impact the overall community in a negative fashion. Should the City approve the conditional use we have no choice but to withdraw our project. I cannot think of a situation that would be more damaging to an area then the development of a project such as the one that is being proposed. I have out of ~wn eemmitment~ at ~e time of the City Commission Meeting, t,h~rcfore I will not be able to appear in person. I would like to have this letter read at that meeting and entered into the Records of the Public Hearing. Very truly yours, ~ident Cam e~al Funding Corp. ]-~,,¥~ ,I-'~T'~i~L~(~~,~}) ~AY 17 1996 PLANNING & ZONING PLANNING AND ZONING BOARD CITY OF DELRAY BB..CH ---'<~I-AFF REPORT--- MEETING DATE: June 20, 1994 AGENDAITEM: V.A. ITEM: CONDITIONAL USE for CoTran Satellite Facility. GENERAL DATA: Owner .................... Berthe Sendzimir c/o Scott Hawkins Jones, Foster, Johnston & Stubbs P. A. Agent .................... Audrey Wolf, Director Facilities Department Board of County Commissioners Location ................. Northwest corner of Congress Avenue and NW let Street. Property Size ............ 7.49 Acres City Land Use Plan ....... Commerce City Zoning .............. MIC (Mixed Industrial and Commercial ) Proposed Zoning .......... CF (Community Facilit'~es) Adjacent Zoning...North: MIC East: MIC South: MIC West: RM (Multiple Family Residential Medium Density) and RR (Rural Res ldent iai ) Existing Land Use ........ Vacant. Proposed Land Use ........ Conditional Use approval for the establishment of a County bus terminal. Water Service ............ Existing 8" water mains along Congress Avenue and a 2' main in NW let Street. Sewer Service ............ Existing 8" sanitary sewer main along the east side of Congress Avenue, approximately 400' south V.A. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to establish a "Transportation Terminal" (i.e., bus terminal), pursuant to Section 2.4.5 (E) of the Land Development Regulations. The property is located on the west side of Congress Avenue north of N.W. 1st Street, immediately east of the E-4 L.W.D.D. Canal. A sketch plan is accompanying the request and is attached as Exhibit "A". A full site plan will be required if conditional use approval is granted. BACKGROUND: The property is part of a larger tract which includes property located on the east side of Congress Avenue. While the 7.49 acre site is currently vacant, the southwest corner has been used in the past as an extension of the junk yard which was previously located on the east side of Congress (Auto Save, Inc.), and the center of the site was used as a construction storage area for Congress Avenue widening. In November 8, 1988, the parcel was annexed into the City of Delray Beach with an LI (Light Industrial) zoning designation. The site's Industrial land use designation was changed to Commerce with the adoption of a new Future Land Use Map in November, 1989. With the adoption of the Land Development Regulations in October, 1990, the Mixed Industrial and Commercial District (MIC) was applied to this property. A rezoning from MIC to CF to accommodate a proposed CoTran bus transfer terminal is before the Board as a separate item. The Conditional Use request is to establish a 7.49 acre CoTran satellite fa Of the 59 buses, 44 will be 23-person passenger busses, 5 will be 31 person intermediate size busses, and 5 will be 40 person buses. The remaining 5 buses will be spares and be a combination of the above as needed. The facility will also have 10 para-transit vans which provide door to door service for handicapped persons. The bus drivers will~_operate in two shifts. ~he shifts will begin at approximately~n~e~~wee.~7~.~~M. Buses would begin p~~{~en ~:~'6'0 a.M. and 7:30 A.M., and remain out on the routes most of the day. ~. P & Z Staff Report ! Conditional Use Appi ~al for CoTran Satellite F~ility Page 2 Some buses which serve the peak hour demand will return to the site after the morning peak period and return to their routes during the the afternoon peak hour. All buses will return to the site between 7:30 to 9:00 P.M. where they will be fueled, washed, and parked for the night. The maintenance employees will work on two shifts. The day shift will work from 7:30 A.M. through 3:30 P.M., and the evening shift will work from 3:30 to 11:00 P.M. Light maintenance only will be carried out ~ on the site. No major repairs to engines, transmissions, or vehicle repainting will be accomplished at this facility. All major repairs will occur at the main facility in West Palm Beach. The basic function of the maintenance facility will be to fuel and wash buses upon their return to the site. This activity will take place between the hours of 6:00 P.M. and 10:00 P.M., Monday through Saturday, and will be complete by 5:00 P.M. on Sunday. In addition to washing and fueling buses, the following light maintenance work would be conducted; * Scheduled preventive maintenance (oil changes, inspections, etc. ) * ~.o~..~~~.a~l and air conditioning repair * Brake repair The application is accompanied by a sketch plan showing the general location of the components of the operation. Wide landscape buffer areas are proposed along Congress Avenue, and particularly along the west property line where a berm, trees, and hedges will be provided in addition to a large green belt which will be dedicated to L.W.D.D. CONDITIONAL USE ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: (The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The Future Land Use Map designation for the property is "Commerce". _ The allowable zoning designations which are deemed consistent with the Commerce Land Use designation are: P & Z Staff Report ~ Conditional Use App~i~.~al for CoTran Satellite F~ility Page 3 RT Resort Tourism OS Open Space PCC Planned Commerce Center MIC Mixed Industrial and Commercial (current zoning) CF Community Facilities The site is presently zoned MIC (Mixed Industrial and Commercial). The Conditiona~,~~9~q~st is ac~Q~panied by a request to rezone the p~~~!. ~ ~a~'~~~tty). The proposed use of a "TraRs~°rtation Terminal" is 'allowed as a Conditional Use within the CF zoning district. Concurrency: (Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan.) Water: Potable water service exists to the site via a 8" water main which runs along the front of the property and the west side of Congress Avenue. The fire hydrant spacing in this area currently meets the minimum 300' spacing required for industrial uses. Installation of a fire hydrant on site may be required. Sewer: A 20" force main currently exists along the west side of Congress Avenue in front of this site. Access into force mains is not available without the. installation of an on-site lift station. Sewer service to the property will require construction of a lift station at the southeast corner of the site. The lift station is to be designed at sufficient depth to accommodate gravity flows from the north, west and south. Gravity mains are to be provided along N.W. 1st Street from the operations building and along Congress Avenue from the maintenance building. Mains in these locations are needed to meet the requirements of the Public Facilities Element of the Comprehensive Plan, Policy C-3.3, and LDR Section 5.3.3 (F) which require extension of mains to the furthest property line. Streets and Traffic: Pursuant to LDR Section 5.3.1(E), Improvement Obligations, development shall provide for the construction of street improvements associated with the project. When a full local street standard (i.e., a new road) is required to carry traffic to and from the project, the project has to provide the necessary travel lanes to accommodate vehicles accessing the site. If it is impractical to construct the improvements, the obligation may be met by payment of cash funds equal to the current cost of such improvements. P & Z Staff Report Conditional Use Appk..~al for CoTran Satellite F~.llity Page 4 The development proposal will be taking access from N.W. 1st Street which is an undeveloped local street. This development will be responsible for the construction of N.W. 1st Street from Congress Avenue to the west terminus at approximately the E-4 Canal. Accommodation of the road will require an additional dedication of 5' along the south property line, and a 100' diameter right-of-way dedication to accommodate a cul-de-sac required pursuant to LDR Section 6.1.2 (B)(4). The location of the cul-de-sac is to be determined during the platting and site plan process. The property south of the site in which a portion of the cul-de-sac would be located, is currently undeveloped and has not dedicated 1/2 of the right-of-way for the cul-de-sac. Several design alternatives are available including; * Off set the cul-de-sac and build the entire cul-de-sac on the CoTran property, utilizing only the existing 25' dedication provided by the southern parcel. * Have CoTran dedicate 1/2 the right-of-way for a cul- de-sac and build an acceptable temporary T-turn around. With development of the parcel to the south, require dedication and construction of the cul-de-sac. * Require the applicant to obtain the additional right of-way from the property owner to the south and construct the full cul-de-sac. Right-of-way~ Pursuant to Section 5.3.1 (D)(2), a minimum right-of-way dimension of 60'is required for all local streets. The proposed total dedication width for N.W. 1st Street is 50'. Pursuant to Section 5.3.1(D)(4), where the City Engineer supports a reduction in the required width and where there are no safety hazards associated with such a reduction, the body approving the development application may grant a reduction. Given the limited length of N.W 1st Street and the limited numbers of properties it serves the City Engineer supports the reduction to a 50'width. A formal reduction request will have to be processed for approval by the Site Plan and Appearance Board. Drainage: The drainage for the site will be accommodated by on site retention area. The drainage will be pre-treated prior to entering the retentiQn area by a series of grease and solid waste traps. The on site retention area will overflow into the adjacent E-4 canal. If the conditional use is approved a site plan with associated engineering plans will be required. Parks and Open Space: Parks and Open Space dedications do not apply to commercial or industrial properties. P & Z Staff Report ~ Conditional Use Appb~al for CoTran Satellite F~ility Page 5 Solid Waste~ The proposed use is anticipated to generate 38.6 pounds per sq.ft. of floor area (operations building) and 9.3 pounds (maintenance building ) per year or a total of 518,040 pounds. This volume is approximately 100,000 pounds per year higher than the current allowed uses under the MIC zoning district (82,000 * 5.1 pds per year). However, adequate capacity exists at the landfill to accommodate waste. Consistency~ Compliance with the performance standards set forth in Section 2.4.5(E)(5) (Conditional Use Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found: ~~?~. ~~ ~ ~: The City, through this policy statement, endorses the contih~ed operations of the CoTran Transit system and its operations in Delray Beach. e mass Future Land Use Element Policy C-1.5: The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. SUch efforts should include: · enhanced and continuous code enforcement efforts; · legislation which requires heavy industrial uses to provide perimeter landscaping of their sites; · owners of vacant property shall provide a landscaped appearance of their properties. The develo ment .... his ro __ ~. Permitted uses allowed under the MIC zoning district . . ~.~..~.ram, l , ~ r The sketch plan accompanying the request provides a green buffer along Congress Avenue which is to be heavily landscaped. It is recommended as a condition of approval that the landscaping include a berm, heavy plantings of trees 25' on center and in staggered rows with mid level plantings. A similar landscape scheme is proposed to the west perimeter of the site adjacent to the E-4 canal. : P & Z Staff Report Conditional Use App~¢al for CoTran Satellite F%~ility Page 6 Section 2.4.5(E)(5) (Standards for Conditional Use Actions): Pursuant to Section 2.4.5(E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by MIC (Mixed Industrial and Commercial) zoning to the north, south and east, and the E-4 L.W.D.D. Canal, Rural residential and RM - Medium Density Residential property to the west. In order to assess the potential impacts of this operation on adjacent properties, the applicant was asked to provide specific information with respect to traffic, noise, and air quality. The following is a summary of the information provided. Traffic~ - The C~rrent dev'a'Ib'~'t~' pot'9~t'tal 'for/;this ParceI~~~ ..,faC~I~y:~wi-~:~en'e~'~"'§~8 daily ~~]~sen~ing;q~/;~~l?.net f~d~d~'~o~"~?O241cd~:~-~::~trtppi.~:~Capacity exists on ad-~'~d-ent roadways to accommodates this facility. In addition to the reduction of trips in the immediate vicinity the facility by nature of the use will also reduce traffic both City and South County wide. Noise Levels= A noise analysis was conducted consisting of ambient monitoring of existing conditions and projecting future noise levels using Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) predictive models. Ambient noise monitoring was conducted at two locations: the existing CoTran facility near the intersection of Florida Mango Road, and in Delray Beach along Davis Road, west of the proposed satellite facility location. The testing was conducted using sound meters placed at approximately 5' from the ground representing average human ear height. Noise levels were monitored at the existing facility site between 5:00 A.M. and 6:30 A.M. on June 1, 1994. This time period was chosen as it represented peak bus usage at this site. Background noise levels near the proposed satellite facility site were monitored between 5:55 A.M. and 7:00 A.M. on June 2, 1994. .~D~.~.~.n~,~"and were the result of traffic noise on Belved~~~F[~fl~ Mango Roads at the existing facility, and [nterstate 95 and Congress Avenue at the Davis Road site. Both locations showed the influence of rush hou~ traffic, with increases of 2-3 decibels levels over the monitoring periods. · P & Z Staff Report ~ ~ Conditional Use App~...¢al for CoTran SatelliteF%.,ility Page 7 Pursuant to Section 99.01 (Noise Ordinance) (A) & (B) the receiving residential land uses shall not receive decibel readings which exceed 70 decibels between the hours of 10:00 P.M. and 7:00 A.M. and 75 decibels between 7:00 A.M. and 10:00 A.M. In summary, the study found that the noise levels at both sites were similar, ranging fro~iii>55~tO,~57ii~d~Cibels,:averaged over the monitoring period. From obserVati~6h~"~'~he~ eXiSting facility, a total contribution from bus movements was estimated at .7 decibels. Noise modeling at the proposed new facility indicated a potential increase of .8 decibels at the monitored station and a maximum of 2.3 decibels at the closest point off-site. With the addition of a proposed earthen noise berm and associated vegetation, changes of less than one half decibel are predicted. Decibel changes in this range are not discernible. Air Quality & Odors: An air quality study was conducted which measured current air quality at both sites and projected of impacts of emissions using FDOT and FHWA predictive models. Existing air quality in the Delray Beach area is considered good with ambient levels of automobile and~bus-producing pollutants, such as particulate, nitrogen oxides and carbon monoxide, at well below nationa~ and state amb~_~~u~£~~a~rds. ~9~flUSe~:~t~~9~ds..: ..... '.~is i.s'~'ve~.i~t~p~ed with~:~he~''~ 3', 200:;:Toun~" -Sf' ~'~l~Son ~XI~~~~~s,eA~nue,:~ It is further noted that emissions from vehicle trips which would be generated from potential development of the site under the the existing ~IC designation would exceed these levels. In summary, the study found that the increases in carbon monoxide levels from the addition of the proposed facility will be less than one part per million in the residential area west of the site. Significant impacts are expected to occur only within 10 feet of the facility. In addition to the above, compatibility concerns also center around the aesthetic aspects of the development proposal. Of g~.,a~._,e~.~t~ concern is the west property line which ~buts reSidential~:i':~pr6~rty~ and the treatment along the Congress Avenue corridor. The accompanying sketch plan provides the following; P & Z Staff Report / Conditional Use App~_¢al for CoTran Satellite F~ility Page 8 West property line: ,~ The development proposal will be separated from abutting r~,~idential properties~~ of Davis Road right-of-way, an ~~'~g ~,W.~D.D..ROWi~'and ~an~additional 55'~L.W.D~D. ROW,(.~o.be-,de~icated), ~or~a.tot'aI~f'2'IS' ~to the'pr0perty line. Within the property line an additional 15' landscape area, 140' of lake (northwest corner) or 140' of employee parking area are proposed before the first bus parking space. This represents a minimum distance between bus parking to any residential property line of 370'. Within L.W.D.D. easement area and on site landscape area a 8' earth berm is proposed with extensive trees and mid level plantings. Staggered rows of tree 25' on center should be considered. This landscape feature will provide a visual screen as well as act as a noise abating feature. East property line (Congress Avenue): A minimum of 30' of landscape buffer area is proposed along Congress Avenue. It is recommended this buffer area contain a substantial berm and trees and mid level planting. Given the above studies and components of the sketch plan a positive finding with respect to compatibility with adjacent properties can be made. Compliance with Land Development Regulations: The sketch" plan submitted with the Conditional Use request is in general conformity with the LDR's. However, the following LDR requirements are highlighted at this time so they can be incorporated in subsequent site plan submittals. Pursuant to Section 4.6.16 (H)(4)(d) foundation plantings are required at the base of all buildings which can be seen from the adjacent right-of-ways. Pursuant to Section 4.6.16 (H)(3)(i)&(j)&(k) all vehicular parking spaces are to have a landscape island a maximum of every 10 spaces, end in terminal landscape islands and have a central landscape island were they abut head to head. Pursuant to Section 4.3.4.(H)(6) a'perimeter landscape buffer along Congress a minimum of 30' is required. OTHER: In March, 1994 the Planning and Zoning Board considered a zoning change from MIC to LI for this property and others within the Congress Avenue Corridor. The City-initiated rezonings were in _ response to concerns with compatibility of the outside uses within the MIC district. The rezoning proposals were not passed and alternative changes are under consideration to modify the MIC district to require that properties zoned MIC have all uses conducted in an enclosed building (excluding outside storage). P & Z Staff Report Conditional Use App~ cal for CoTran Satellite ~ility Page 9 If the zoning on this property is changed to CF (Community Facility) it will not be subject to the proposed text amendment. However,the use can be found to be generally consistent with the amendment in that while this facility has an outside component (Bus parking) it will be well screened from Congress Avenue. In addition, most components of the use, dispatching and maintenance will be conducted inside. South County Service areas The greater Delray Beach area will be served by 47 busses daily (Monday through Friday). Twenty five of these buses will be housed at the South County Facility while the balance will be located at the West Palm Beach Facility. Mor~ than.half of~t~h~' ' e~a~g from this site;'Wili"directlyServe~the great~D~Ir~e-~f~r~'i' Employment aspects: maintenance~.posi~t~~' and 4~'~uperviS0rlposl't~ons. While it iS"not clear how many existing employees will ~id work assignments out of the Delray site, based on the residential addresses of CoTran's existing work force it is believed that at a minimum at least 60% of the satellite facility positions (%0 posit~o~s) will be new Jobs. The estimated annual payroll for the eight~ (80) new positions in the Delray area is approximately f$~25_~%990 excluding benefits. CoTran is currently in discussion stageS"~h the Private Industry Council to"work out an arrangement wherein they would select and train the new bus drivers and entry level maintenance staff needed for this site from the local area. Location criteria: One of the primary reasons to locate a satellite facility in the south county area is to minimize the non-revenue miles now travelled by the buses which serve the South County area. Analysis of the planned new routing structure has dete.rmined that two dispatch sites would yield an annual savings of~~ (based on 1993 operating costs). The "optimum" locations for t~'~e facilities based on the starting and ending points of each of the planned new routes are: * Main site: Intersection of 1-95 and Palm beach Lakes Blvd., West Palm Beach. * Satellite Facility: Intersection of 1-95 and Atlantic Avenue, Delray Beach. Depending on the road configuration to and from the "optimum" location, annual operating costs would increase between $35,000 and $50,000 for each mile the site is located away from the "optimum" site. P & Z Staff Report % Conditional Use Approval for CoTran Satellite F~ility Page 10 Letters of objection: Several letters of objection have been received from residents and copies are attached. REVIEW BY OTHERS: This proposal is not located in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). If the Conditional Use request is approved, a site plan must be submitted for review by the Site Plan Review and Appearance Board. The site is to be generally consistent with the sketch plan and conditions of Conditional Use approval'. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to the following Homeowner associations: P.R.O.D. United Property Association Rainberry Lake Homeowners Association Rainberry Bay Villas of Rainberry Homeowners Association Chatelaine Homeowners Association Pines of Delray North Sudan "Subdivis ion High Point Delray Shores Subdivision ASSESSMENT AND CONCLUSIONS: The compatibility of the use is centered around concerns with respect to potential noise, air quality, odors, traffic and aesthetic impacts on adjacent residential uses to the west. A noise study has been provided which indicates that with the installation of a landscaped berm along the west property line the adjacent residential uses will receive less than a .5 decibel increase. Decibel differences in this range are not discernible. The air quality and odor study indicates that significant impacts with respect to air quality will only occur within 10' of the site. The overall increase in carbon monoxide from this facility will be approximately one part per million. This level is less than could be expected from traffic associated with development of the site under the current zoning designation. · P' &' Z Staff Report Conditional Use AppY ~al for CoTran Satellite ~uility Page 11 W~th respect' ;~o ..... 'traf~t~,-~JHe.,{,i,tezmina~I!?~ac~[~~o development of the property with a industr~al / addition to a potential traffic reduction in the vicinity of the site, the use itself will promote a reduction in traffic in the city and south county area. The aesthetic concerns of the residential properties to the west will be addressed through a buffer area consisting of minimum of 150' (135' of L.W.D.D. canal right-of-way and additional 15' on site buffer) which will contain an 8' berm with heavy tree and mid level plantings. ALTERNATIVE COURSES OF ACTIONS: A. Continue with direction. B. Recommend approval of the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(D)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request based upon a failure to make positive findings. STAFF RECOMMENDATION: Recommend '.approval of the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5~')(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to the following conditions. 1. The approved use is to contain a maximum of 59 buses and 10 para-transit vans. These buses are to made up of 44 small buses ( approx. 22 person capacity) 5 intermediate buses ( approx. 33 person capacity) and 5 large buses ( approx. 40 person capacity). The five additional buses which will serve as 5 of the 10 spares can be a combination of the above as needed. The on-site maintenance is limited to the following activities; * Scheduled preventive maintenance (oil changes, inspections, etc.) * Minor electrical and air conditioning repair * Tire Repair and mounting * Brake repair Public announcement (PA) systems are prohibited. - The hours of operation are limited to 6:00 A.M. to 9:00 P.M. for bus dispatch and 7:30 A.M. to 11:00 P.M. for maintenance operation. P &~ Z Staff Report Conditional Use AppY.¢al for CoTran Satellite ~ility Page 12 2. That a site plan be processed which in substantial conformity with the accompanying sketch. 3. That landscape and engineering plan be provided which accommodates the following items: * Installation of a 8' earth berm with trees and mid level plantings which substantially exceeds minimum landscape requirements along the west property line. A double row of trees staggered 25' on center with extensive mid level planting is recommended. * Installation of a berm with trees and mid level plantings along Congress Avenue which exceeds minimum landscape requirements. ~ * Construction of N.W. 1st Street to City Standards including an acceptable turn around at the western terminus. * Construction of a lift station at the southeast corner of the site and design to a sufficient depth to allow gravity flows from properties to the south and north. 4. Continued compliance with all applicable noise and air quality standards as currently in existence and as may be amended or added in the future. a:cotranl MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS AMENDMENTS TO MANAGEMENT AGREEMENT AND LEASE AGREEMENT WITH OLD SCHOOL SQUARE, INC. DATE: MAY 30, 1996 This is before the Commission to consider certain amendments to our management agreement and lease agreement with Old School Square. The proposed amendments are summarized in Mr. Barcinski ' s memorandum and detailed in the attached agreements. It is proposed to shift the capital costs for exterior signage to the City at an estimated increase of $15,000 to $20,000 in capital expenses to the FY 96/97 budget. As a point of clarification, this would be a one-time expense and would only be added if the City Commission approves the master sign package to be sukmuitted by Old School Square. Recommend approval of the proposed amendments to the Management Agreement and Lease Agreement between the City and Old School Sc~3are, Inc. ref: agmemo 13 [IT¥ OF O£LR ¥ gEl:l£1,1 D ELP,^¥ BE^EH ~ 100 N,W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 TO: David T. Harden, City Manager FROM: ~/obert A. Baroinski, Assistant City Manager SUBJECT: Agenda Item # City Commission Meeting, June 4, 1996 Amendments to Management Agreement and Lease Agreement with Old School Square, Ina. DATE'. May 31, 1996 ACTION City Commission is requested to consider approval of Amendment No. 2 to the Management Agreement with Old School Square, Inc. dated August 7, 1990, and Amendment No. 2 to the Lease Agreement for Old School Square, Inc. dated July 31, 1989. BACKGROUND At the urging of the Old School Square Facilities Commiffee, I reviewed the maintenance and sign provisions of the existing Management and Lease Agreements with Joe Gillie, Director of Old School Square, Inc. The Committee felt that certain maintenance items should be the responsibility of the City versus Old School Square, Inc. In summary, the amendments to both the Management and Lease Agreements shift maintenance responsibility for heating and air-conditioning systems, all walkways, all exterior lighting, roofs and signage to the City. The proposed amendments would also shift capital costs for exterior signage to the City. In a regular meeting of the Old School Square, Inc. Board of Directors on May 20, 1996, the Board recommended approval of the proposed amendments for City Commission consideration. Based on next fiscal years proposed budget for Old School Square, Inc., the change in maintenance and signage responsibilities would add approximately $12,000 - $15,000 in maintenance costs and $15,000 - $20,000 in capital costs to the City's budget. THE EFFORT ALWAYS MATTERS Pr~nted on Recyc!ed P,~per RECOMMENDATION Staff recommends approval of the proposed amendments to the Management and Lease Agreements between Old School Square, Inc. and the City. RAB:kwg Attachments File:u:graham/oss Doc.:060496.Agn AMENDMENT TO LEASE This Amendment to Lease is made this day of , 199 between the City of Delray, a Florida municipal corporation (the LESSOR) and Old School Square, Inc. (the LESSEE). WITNESSETH WHEREAS, the LESSOR and LESSEE entered into a Lease Agreement dated July 31, 1989, amended May 18, 1995; and, WHEREAS, the LESSOR and LESSEE wish to amend said Agreement, paragraphs 10 "To Keep In Repair and in Good Condition" and 13 "Signs" to reassign maintenance responsibilities and sign construction responsibilities. NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties, the Lease is amended as set forth hereinafter. 1. Paragraph 10 "To Keep in Repair and in Good Condition" of the Lease Agreement dated July 31, 1989, and amended May 18, 1995, is hereby amended as follows: 10. To Keep in Repair and in Good Condition. The Lessee will keep the leased premises, including but not limited to ---~--~ ...... ~ .... ~ interior finishes structures and e_cuipment and excluding the exterior walls, parking lot, exterior landscaping and irrigation, r$$f exterior lighting (including fountain), walkways, roof. heating and air- conditioning and other structural members of the building in such or better repair as the same are at the commencement of this lease term or at the renewal hereof, reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It is explicitly agreed that the duty of the Lessee shall include furnishing all necessary janitorial and cleaning services, pest control services, care and maintenance of the structures located on the property and any interior renovation or redecoration not involving major structural changes. 2. Add to paragraph 13 "Signs" the following sentence. "Costs of exterior signage shall be paid for by the LESSOR." Ail other terms and conditions of the Lease dated July 31, 1989, and amended May 18, 1995, except as expressly modified herein shall remain in full force and effect. IN WITNESS WHEREOF, LESSOR and LESSEE have executed this Amendment to Lease as of the day and year written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal Sufficiency: City Attorney OLD SCHOOL SQUARE, INC. By: Witness name typed or handwritten name typed or handwritten (SEAL) Witness name typed of handwritten STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and did (did not) take an oath. Signature of person taking acknowledgment Name of Acknowledger, Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) AMENDMENT NO. 2 TO THE MANAGEMENT AGREEMENT FOR OLD SCHOOL SQUARE BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND OLD SCHOOL SQUARE, INC. This Amendment of the original Agreement of August 7, 1990, and amended September 16, 1992, between OLD SCHOOL SQUARE, INC. (OLD SCHOOL) and the CITY OF DELRAY BEACH, FLORIDA (CITY) is entered into as of this day of , 1996. WHEREAS, the original Agreement between the parties of August 7, 1990, amended September 6, 1992 provides that OLD SCHOOL shall serve as project administrator for the purpose of facility management and programming, and WHEREAS, OLD SCHOOL and the CITY wish to redefine maintenance responsibilities as set forth in paragraph 11 "Grounds and Building Operations", NOW THEREFORE, THE PARTIES HERETO, IN CONSIDERATION OF THE MUTUAL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, DO MUTUALLY AGREE AS FOLLOWS: 1. The recitations set forth above are true and correct and are incorporated herein by reference. 2. Paragraph 11 "Grounds and Building Operations" is hereby amended as follows: 11. Grounds and Building Operations. Old ........ ~ .... , ~..c. OLD shall perform its portion of grounds and building operations to the extent set forth in the lease. Pursuant to the lease, Old Schccl ~ .... , ..... shall be responsible maintenance, repair and replacement and all other aspects of property management and maintenance except that the ~" ~= CITY shall be responsible for the exterior walls, roofs. parking lot, exterior landscaping, and irrigation, lighting (including fountain), walkways, heating and air-conditioning e_quipment (climate control), and exterior ~. It is explicitly agreed that among other things, that the duty of Old Sckccl o ..... 7__ OLD SCHOOL shall include furnishing all necessary janitorial and cleaning services, pest control services, care and maintenance of the structures located on the property, any interior renovation or redecoration not involving major structural changes, and that Old School S~aarc, Inc. Q3~_$_CJ~J~ shall pay all charges for telephone, water, sewer, gas, electricity and any and all other such utilities as may be used in connection with the property, including utilities necessary for the operation of exterior lighting. In addition, the ~ o~A~ ~ ...... 7__ OLD SCHOOL, pursuant to the Lease, shall pay any ad valorem taxes imposed upon the property and improvements located thereon during the term of the lease ............ ~ .... , ..... SCHOOL shall pay any taxes for personal property improvements owned by Old Squarc ~ .... , ..... OLD SCHOOL. The CITY's .... maintenance responsibility shall be for the maintenance and upkeep of the exterior of the buildings, including the roof, the grounds of the cultural center, irrigation system, grounds walkways, air-conditioning and heating systems, and all exterior lighting SCHOOL shall be responsible for all interior maintenance, including janitorial service and annual termite protection of the buildings. 3. As of the date of this Amendment, the entire integrated Agreement consists of the resolution adopted by the City Commission on September 13, 1988, the Management Agreement dated August 7, 1990, amended September 16, 1992 and this Amendment. 4. All other terms and conditions, of the Management Agreement and Resolution referred to above remain unchanged and are not superseded unless such terms and conditions are expressly altered by this Addendum. IN WITNESS WHEREOF, the CITY and OLD SCMOOL have executed this Amendment as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal Sufficiency: City Attorney OLD SCHOOL SQUARE, INC. By: Witness name typed or handwritten name typed or handwritten (SEAL) Witness name typed of handwritten STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. Me/She is personally known to me or has produced identification (type of identification) as identification and did (did not) take an oath. Signature of person taking acknowledgment Name of Acknowledger, Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~E - REGULAR MEETING OF JUNE 4, 1996 REQUEST FROM AMERICAN LEGION POST #188 FOR ADDITIONAL USE OF LRASED PROPERTY DATE: MAY 31, 1996 As you may know, the City leases property at 800 N.W. 2nd Street to The American Legion Post #188. It is a 99 year lease, running to the year 2046. According to the terms, the premises is to be used as a meeting hall for the Post. No other use may be made of the property without the express written permission of the City, as Lessor. We have received a request from Mr. Lawrence Strainge, Post Commander, for permission to relocate the Churches Reaching Out to Society (CROS) Ministries-South County Food Pantry from Greater M~)unt Olive Missionary Baptist Church to the American Legion building. The food program is for the needy and would be operated out of the building during the day. The American Legion will continue to use the building at night. The necessary renovations to accommodate the food program will be taken care of by Post #188 and CROS Ministries. This is certainly a worthwhile program and I recommend the Commission approve the request through written permission to allow this additional use of the property at 800 N.W. 2nd Street. ref: agmemol2 The American Legion Post # 188 800 Northwest 2nd Street Delray beach, Florida 33444 May 31, 1996 Mr. David Harden City Manager City of Delray Beach Delray Beach, Florida 33444 Dear Mr. Harden: We, the American Legion - Post//188, are requesting pc?mission to proceed with a partnership between the American Legion - Post//188 and the Churches Reaching Out to Society (CROS) Ministries-South Community Food Pantry Food Program,' The South County Food Program is currently located at the Greater Mount Olive Missionary Baptist Church and has been approved by all parties to re-locate to the American Legion - Post//188 building located at 800 Northwest 2nd Street. However, to accomplish this moved there are renovations needed to the building in order to bring it up to code for the Food Service. These renovations will be taken care of by the American Legion - Post//188 and CROS Ministries. This letter is to inform and request the City of Delray Beach approval to proceed with the required renovations necessary at this location. Sincer?ly yours, ~Lawrence E. Strainge, Sr., / / Commander [ITY OF DELRAY BEACH CITY ATTORNEY'S OFFICE ~ ~"' WriSt's Direct Li~: (~) ~3-7~ DJ[RAY 8[ACH llI,Am~ica Ci~ DATE: May 28, 1996 1993 TO: David T. Harden, Ci~ M~ger FROM: David N. Tolces, Assis~nt Ci~ A~ome~ SUBJECT: American Legion Post 188 Lease Attached for your review is the American Legion Post 188 Lease and Addendums. Please call if you have any questions. DNT:smk Attachment legion-l.dm Printed on Rec~'cled Paper SEPTH~BER 9TH, 1947 In explaining his recommendations .Mr. Edmond stated that the-bid of U. S. Pipe & ~. Foundry Co. for fittings ~s # 319.84 higher than the lowest bid, but that the Engineers had asked that contracts for pipe and fittings be a~mrded to the same Company, in order that the materials would cor~'espond. ~ir. Edmond also stated that the bid of M. &_ H. Valve&Fitting Co. for furnishing fi~e hydrants ~as $328.00 higher than the lowest bld~ which was received from Thor~s F. Kem~y, whos proposal was not accompanied ~by a certified check nor bid bond and therefore could not be considered, but they will furnish hydrants that are made by the same Company as the hydrants being used at the present time, whi.ch we kn°w are satisfactory. This made a difference of $647.84 over the lowest bids receiVed, and Mr. Edmond recommended that contracts be awarded as outlined. A motion was made by Comncilman Butler, seconded by Councilman Smith, that 6entracts be a~rded as recommended by the City Manager, and certified checks or bid bonds be~ returned to the unsuccessful bidders. Upon call of roll the motion carried unanimously. A .plat of "John B. Reid's Village" was presented by the City ~znager for final approval, having been tentatively approved at a previous meeting. Mr. Edmond stated that the Plat had been approved ~? the Zoning Board and the · ~ Plsnning Board, and that expla~mtions and corrections had been made as reqt:ested, where- ! u.~on a motion was made by. Co~m~.~]m~.~ .~tb; ~.~n~r~.~ hr. O.~,~.~ M~ ~, +.~-+ +~o i p!~t be ,~ccepted. Upo~ call of roll the motion c,~ied unani~o'aoly. · 'Y City ).~nager Edmond advised the Council ~ba-t~ the colored American Legion Post had a ~,~. S' "' /asked for a 99 year lease on Lots 23 nd 24., o~ .,est~ mdc Heights Subdmcmston, being the~ / sou. thwest corner of S. W. 8th Avenue and 2nd Street, to be used for the construction of ! an American Legion Hall. · . ~ After consideration by the Council, a m°~mon was made by Councilman Butler, seconded / ~- by Counc~ Mc Neece, that the request be granted, and City Attorney Nowlin w~s L instructed to prepare a lease accordingly. With reference to the request of the Alph Bro~ Flooring Company for permission to extend a railroad siding across N. E. 2nd Street to their warehouse, Mr~ Edmond stated that as this was the type'of-property to be used for commercial purposes, this request sho~d be granted. A motion was then made by Councilman ~u~ter, seconded by Councilm~n Smith, that the foregoing request be gr~nted, with the understanding that there would be no expense to the City involved, and subject to the final approval of the plans by the City Manager. Upon call of roll the mOtion carried unanimously. A~ estimate of the cost of paving the remaining 640' of Gleason Street, from Yngraham Street to Shulson Street, was filed by the City N~nager in the' amount of $ 3,578.90, which cost would be assessed to the owners of the abutting property. This would complete the paving of Gleason Street from Atlantic Av,,nue to Seagate. i . The following Resolution ordering the City Engineer to p~epare plans and specifications I for this street improvement work was then introduced, and same was read in full: DELRAY BEACH. FLORIDA 33444 GORDON D. TIFFANY CITY MANAGER LEON M. W~'£KE$, MAYOR March 26, 1982 L£OA.. ..... ¢Ou.c ..... Mr. Lawrence Strainge, Commander -American Legion Post 312 N. W. 10th Avenue Delray BeaCh, Florida 33444 Dear Mr. Strainge: City records show that the City-coUncil granted your American Legion Post's request for a 99 year lease on September 9,1947, and that the City Attorney was to prepare the necessary lease. We are unable to locate the executed lease, and I understand that your records do not include one, either. We must conclude that the lease was never prepared. Accordingly, the current City Attorney has prepared the enclosed lease which will essentially do what was to have been done 34 years ago. Please review the terms, noting particularly Section 1 of the appendix which is our standard requirement. If this lease is acceptable to you, please insert your post number where appropriate and return an executed copy along with proof of insurance to me so I may present it to the City Council for its approval. Please feel free to contact me or City Attorney Herb Thiele if you wish to discuss this matter. Best regards. Sincerely, GDT:cmf ~ ~ .., cc: City Attorney Mr. Ozzie Youngblood Encl I~GUAI. OPPORTUNITY EMPI..OYER MIF and ~t~fl CITY OF DeLRAY BEACH, FLORIDA h,'r,.i, c.lled the lessor . and AMERICAN LEGION POST h,,r,'in called Ihe lessee I,'ss,',' Io be kept trod per[ormed, the suid lessor do es hereb~ lease Io tile sa~d b'sse,, the [ollowil~ described properly: Lots 23 ~d 2q~ Bilk B~ West $ide Heights Subdivision Subject to the terms~ conditions ~d agreements set forth in Appendix A~ which i$ attached hereto and expressly made a par~ of this Lease. fr.m the /~ ~ da~ o[ ~ . A. 1). 1982 . the said lessee Ihere[vr the annual re.I o[ Oollurs. And Iht' said lesser' cov~.tmnlS wilh Il., said h's,¥or h) t)(ql Ih(' sd(I rnd inan~ual lump iUVlm,'.ts ,)[ One Doffs= e(wh on Ibc first d.U of e(u.h (md ev(.rU . /.r Ih.' sm'(t h't'tlL Ihe fit'sl t)(~gtm'nl In h(. ma(lc (m th(. first (l.il (,/ October~ 1%2~ and annually thereafter lor the term o[ the Leasel hq (m~l I)(~rl t)/ stli(I i)rcmis('s tl)/Ih()lll Ih(' ivr/Ih'll ('vtts('nl ()[ I/u' h.xs()r : Iud h) tl.w. s(ti(l for ,tql olhcr p~tl'p()se th(m us (~meet[~ hall lor American Le~ion Post . (m(I to quit mid d('liver .[) s(u'd pr('mL~e.~ (ti the e]ld ~)[ s(dd h'rm itl (ts flOOd ,'o.dili()t~ .s Ihe~l ur(. now (()rdimv'}l w,'(~r nmi (md (tgt'ecs thai ii de/(mll shall b~' m(~de iu Ih,, l)(~n,,.tff o/ the rt.td (ts a[ores(d(I, or ii Ihe snid lessee .~h(tll vi(d(de a.g o/the ('ouetumts o[ this h',tse, thrt~ s.id h's.~,.(' sludl become (ti sltffera.ce hereby u,ait)i.g all right o[ notice, tttld the h'ssor sh(dl bt' enh'lh'd hmm,dt'etlelu STATE OF FLORIDA, CoL'XT¥ O~ PALM BEACH officer d~y authorlz~d in thc St~le aforesaid and in the County afore~id to take acknowledgments, ~nally appeared ~o me &nown to be thc ~r~n described in and who executed the foregoing instrumcn~ and acknowledged ~fOrc me ~at ,. ~cuted the ~ame. ' WITNESS my h~nd and ~ficJal seal ~n thc County and Slzte hsl aforesaid Ibis ~ ~ day of Delray 3each, Fla. 33444 ~ APPENDIX A ADDENDUM TO LEASE DATED ~ /~ ,1982, BY AND BETWEEN CITY OF DELRAY BEACH,. FLORII~A2 AND AMERICAN LEGION POST NO. That the Lessee, American Legion Post No. ~ ~ ~ , hereby covenants and agrees, as a part of the Lease between the parties regarding Lots 23 and 2~, Block B, West Side Heights Subdivision, as follows.- [. That the Lessee shall maintain in full force and effect for the entire term of said Lease, comprehensive liability insurance in the amount of $500,000.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name City of Delray Beach, Florida as additional insured under said policy, and that thirty (30) days' written notice shall be provided to the City of Delray Beach, Florida upon any cancellation or modification of this insurance policy. 2. That either party to said Lease may cancel same at any time, and for any reason, upon sixty (60) days' written notice provided by hand delivery to the President of the American Legion Post in case of cancellation by the Lessor, and to the City Manager of the City of Delray Beach, Florida, in case of cancellation by the Lessee. 3. That this Lease is made expressly contingent upon the Lessee using the leased premises for a meeting hail for the American Legion Post No. ~ ~ ~ , and its attendant activities, and for no other purpose. No other use may be made of the leased premises by the Lessee, its officers, agents and assigns, nor may the premises be subleased, without the express written permission of the Lessor. In the event the Lessee shall fail to obtain the necessary written permission, or in any other manner not fully comply with the terms and conditions set forth herein, then the Lessor shall have the right, at its option, to consider said Lease terminated, which termination shall take effect sixty (60) days subsequent to the date of notification of such termination given to the Lessee. 4. That nothing herein, nor the act of lea~lng said property to the Lessee, shall be construed as a approval of or participation in any of the actions, functions or programs of the Lessee. .esses: STATE OF FLORIDA COUNTY OF PALM BEACH u') BEFORE ME, an officer duly authorized to take acknowledgments, personally ~" 1 13:)I to me known to be the person, described in and who executed the foregoing instrument and ~-~ acknowledged before me that ~.~,-~ executed the same. SWORN TO AND SUBSCRIBED before me this ~c~__~ day of /' "' '"~"/'" '. Notary Public~ State of Florida at L~ge · ': ' ' · · · My Commission Expires: ~" Witnesses L ~ITY OF DEL~Y BEACH -- City Clerk ' STATE OF FLORIDA CO~TY OF P~ BEACH BEFO~ ME, an officer duly authorized to take acknowled~ents, personally appeared t~/X~ ~ ~'. ~O q~ and ~t ~r// ~.~' to me kno~ to be the persons desCribed in and who executed the foregoing instu~ent and they acknowledged before me that they executod the s~e. SWO~I TO ~ID SUBSCRIBED before me this 7~ day of July, 1982. Notary Public ~OR~ ~RIFIEO - PALU n;aru rn,,.. .......... _ JOHN g. OUNKLE 2 CL~K ~RCUIT C~RT October 29, lgg~ Mr. Lawrence E. 5trainge, Sr. Adjutant 3~2 N. W. 10th Avenue DeJray Beach, Florida Subj~t: Amendment to the Lease ARreement Dear Mr. Stra[nge: I am enclosing two copies DeJray Beach has with Sherman WiJ]iams Post #]88 o~ the American Legion. You wii] note that the Lease Agreement includes the two lots which are south o~ your Post, which shaJ~ now be available to the Post for parking. WouJd you kindJy have both copies endorsed by the Post Commander and return one o[ the copies to us ~or our ~]Je. Thank you ~or your cooperation. Very truly yours, OFF[CE OF THE CiTY ATTORNEY C[TY OF DELRAY BEACH~ FLOR[DA A~si~tan~t~ Kttorney ._- BAH:bb Enclosure S1GH~O I~ A~s~C~ ~O ~pEDtTE DELIVER~ AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH~ FLORIDA AND AMERI,CAN LEGION POST 18g~ ALSO KNOWN AS SHERMAN WILLIAMS POST WHEREAS, the City o! Oelray Beach and American Legion Post 188, also known as Sherman Williams Post did, on the 1st day of October, 1982 enter into a Lease .. Agreement which is to run for a term of 6# years from the date of the Lease; and, WHEREAS, the purpose of the Lease Agreement is to permit the American Legion Post 138 the use of City property for a meeting hall and its attendant activities; and, WHEREAS, the Lessee is desirous of extending the property covered by the Lease Agreement to include the adjacent lots known as Lots 21 and 22, Block B, West Side Heights Subdivision, to be used for additional parking in connection with American Legion activities; and, WHEREAS, the City of Delray Beach, Florida, finds the use of this property in connection with American Legion activities to be in the interest of the citizens and residents of Delray Beach, and that said property is not currently needed for other City uses or activities. NOW, THEREFORE, THE LESSOR (CITY OF DELRAY BEACH, FLORIDA) AND THE LESSEE (AMERICAN LEGION POST 188, SHERMAN WILLIAMS POST) do hereby mutually covenant and agree as follows: 1. That the property included in the Lease Agreement between the City of Delray Beach, Florida, and American Legion Post 188, 5herman Williams Post, dated October 1, 1982, and recorded in Book 3755, Page 979 of the Public Records of Palm Beach County, Florida, shall be amended to include the property described as Lots 21 and 22, Block B, West Side Heights Subdivision, City of Delray Beach, Palm Beach County, Florida, as being part of the leasehold which is subject to the terms of that lease as well as the additional provisions set forth in this Amendment. 2. That the property which is the subject of this Amendment to the lease shah solely be used by the Lessee and only for the purpose of providing parking in connection with American Legion activities. 3. That the property which is being /eased under the terms of this Amendment shall be maintained by the Lessee by being mowed regularly and kept free of debris and trash. ~. That in consideration for the additional lots which are being made part of the leasehold, the Lessee shall pay to the City annually the sum of one doUar ($L00) which shall be additional to the payment now required under the original Lease. IN WFI'NESS WHEREOF~ the parties hereto have executed this Lease Amendment for the purpose herein expressed on this .~?~ day of xf~.~,-~L',~- , t98~. ATTEST: Cit~lerk ' Approved as to Form: Herbert W. A. Thiele, Esq. City Attorney CITY OF DELRAY BEACH~ FLORIDA MAYOR AMERICAN LEGION POST 188, WITNESS: SHERMAN WILLIAMS POST By: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ C~G - MEETING OF JUNE 4, 1996 PALM ACTS, INC. CONTRACT WITH THE CITY OF DELRAY BEACH: DATE: JUNE 3, 1996 This is additional information relating to the contract between the City and Palm Acts, Inc.; item 9.G. of the agenda. RbL,,:-: ,/ED L&w O~c~-s o~ DREW M. LEXqTT JUN J 1996 1301 WKvr N~.wPoH? CZNTEH Drove DEERFIELD BEACH, 171.ORInA 33442 CiTY M~, ....... acplr,~. DRzw M. Lmm'r* Tsm-.o,~g DENA R. TAUB (954) 419-1360 * A~m'r~ m Nsw Yom~ June 3, 19 9 6 (954) 360-';3:22 David Tolces, Esq. city Attorney City-of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: December 14, 1994 Contract Between City of Delray Beach, Florida, and Palm Acts, Inc. (the "Palm Acts Contract") Dear David: Pursuant to our telephone conversation of last Friday, this is to confirm that the existing Palm Acts, Inc. contract dated April 13, 1996 with Charisma Entertainment Group, Inc. has been termin- ated by mutual agreement of both parties. I trust this cures the default that the City declared by virtue of its May 22, 1996 letter. We will be in touch with the City shortly to discuss how to best go about obtaining approval of an arrangement between Palm Acts and Charisma that is acceptable to the City. Please let me know if any further action is necessary to cure the default declared by the city. Thank you for your cooperation. Drew M. Levitt /bas COPY VIA FAX cc: Sydney Friedler, Esq. COUNSEl. FOR GEMINI GROUP. INC. AND AFFILIATES 06/03/96 MON 09:23 [TX/RX NO 6886] MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 4, 1996 PALM ACTS CONTRACT DATE: MAY 31, 1996 The City Attorney will provide a status report concerning the Palm Acts contract at Tuesday night's meeting. ref: agmemo 14 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS F~DM: CITY MANAGER ~ ~ CONTRACT ADDITION (C.O. %3)/O'CONNOR & TAYLOR, INC. DATE: MAY 30, 1996 This is before the Commission to consider a contract addition in the amount of $364,772.00 (via Change Order ~3) with O'Connor & Taylor, Inc. for the Golf Course clubhouse expansion project. As determined at the May 14th workshop, the project will include additional storage space as well as expansion of the dining facility. Plans have been suhnitted to the Building Department for review and Mr. Aguila expects the work to be underway in about two weeks. The contract addition allows for 112 calendar days from receipt of building permits, or roughly a four month construction period. Funding will be from Municipal Golf Course Clubhouse - Buildings (Account ~445-4763-572-62.10). Also as discussed on May 14th, there will be additional expenses related to this project including furniture, fixtures and other contingencies. These are identified in Mr. Aguila's April 4th memorandum and will be brought forward as the project progresses. Recommend approval of the contract addition (Change Order #3) with O'Connor & Taylor, Inc. for the Golf Course Clubhouse expansion project. ref: agmemo8 Agenda Item No. 7/;-' AGENDA REQUEST Date: May 29, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 4, 1996 Description of item (who, what, where, how much): staff request City Commission approve Contract Addition/Chanqe Order #3 to O'Connor and Taylor, Inc. in the amount of $364,772.00 for the addition to the Delray Beach Municipal Golf Course Clubhouse. Funding is available from Account #445-4763-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Contract Addition/Chanqe Order #3 to O'Connor and Taylor, Inc. in the amount of $364,772.00 for the addition to the Delray Beach Municipal Golf Course Clubhouse. Funding is available froot/Account #445-4763-572-62.10. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~o~ -co ~ ~cz~ ~ ¢o~a~o~ ~ ~a,~e ~A~D~n~,~ ~,~ Funding available: YES/NO Funding alternatives ~ (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda:Hold Until: ~/N0 Agenda Coordinator Review: Received: Placed on Agenda: Act ion: Approved/Disapproved \esd\9318\agreq604 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila & Construction"~'~'Manager Date: May 29, 1996 Subject: AGENDA REQUEST (6/4/96) Delray Beach Municipal Golf Course Clubhouse Addition Project No. 93-18 Attached is an Agenda Request for City Commission review and approval of a Contract Addition/Change Order 3 to O'Connor and Taylor, Inc. in the amount of $364,772.00 for the addition to the Municipal Golf Course Clubhouse. The City Commission authorized staff.to proceed with the project on May 14, 1996, and since that date, I have met with the architect and contractor to discuss the project and the plans have been submitted to the Building Department for permit review. It is anticipated that the work will commence in about two weeks. There will be additional expenses to the project, as identified in my memo of April 4,1996, including testing services, finishes and other possible contingencies, which I will bring forward at a later date, as the project progresses. Please let me know if you require any additional information, thank you. cc: Robert Barcinski Bralun Dubin William Greenwood File 93-18 (A) esdk9318~agmem604 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos~ Aguila Construction Manager o Date: April 4, 1996 Subject: AGENDA REOUEST Municipal Golf Course Addition Project No. 93-18 On November 7, 1995, the City approved Service Authorization 3 to Digby Bridges, Marsh & Associates for the preparation of construction documents for the addition to the existing Golf Course Clubhouse. The plans were to be prepared so as to provide the City with the option of either constructing the storage area alone, or constructing the storage and the expanded dining area. On April 3, 1996, the original contractor, O'Connor & Taylor submitted their proposal for the requested options (see attached). Since the original contract has not been closed, this can be added via a contract modification, Change Order. The cost of the storage building alone is $128,395.00, requiring a construction period of 10 weeks. Should we desire to add the dining area, the added cost would be $236,377 and a construction period of 16 weeks, for both the dining and storage. The combined cost of both areas wouldbe $364,772.00. There are some added cost to the project which must be considered, particularly with respect to the dining area, those include: · Carpeting · Two chandeliers · Seven wall sconces · Wallcovering and borders · Window blinds · Window valance and other decorative treatments. The cost of these City purchased and contractor installed items could be in the range of $16,000 to $20,000. Additionally, I would suggest a project contingency of $4,500.00 if we only proceed with the storage, and/or a contingency of $7,500.00 if we do both. These funds would only be used if we find a need should a condition present itself that we could not have reasonably anticipated. The summary of project cost are as follows: '::. !::i.S.TO~GE.: ;:: ?.. i:? :iDINING'i:ii: i?:!: ! ;i:.!:ii~ii i PROFESSIONAL FEES 5; 18,950.00 TESTING & SURVEY $ 1,000.00 $ 1,000.00 5; 2,000.00 CONSTRUCTION 5;;128,395.00 5;236,377.00 5;364,722.00 FINISH TREATMENTS $ 0.00 $ 20,000.00 5; 20,000.00 CONTINGENCY $ 4,500.00 $ 7,500.00 $ 7,500.00 ::~?ii~i.i!i!i?::i~;iii:.:??!?. iiii:i:TOT:&~S.;~.ii?:i:.iiiiiii::i:.!!i:?~:.~i:.ii!!'!i~.i i:i::::~ :i $1~33~895:i00:~?:i~:::::~: !! $264~:877:00::. ::: Additional elements of the project which affect cost, such as furnishings and other equipment, will be covered by other staff members, by separate memo. I will be happy to meet with you and review any specific line item questions, or any other portion of the proposed work. cc: Bob Barcinski William Greenwood Brahm Dubin File 93-18 (A) CITY OF D~.~AY BEACH C~ANGE ORDER TOORIGINAL(X)NTRACT CHANGE ORDER NO. Three (3) PROJECT NO. 93-18 DATE: May 29, 1996 PROJECT TITLE: Delray Beach Municipal Golf Course Clubhouse (Addition) TO CONTRACTOR: O'Connor and Taylor, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Proceed with the construction of the Municipal Clubhouse Addition as per plans and specifications prepared by Digby Bridges, Marsh and Associates, PA, and per your proposal dated April 3, 1996. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,574,225.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 31,605.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,605,830.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 364,772.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,970,602.00 PER CENT INCREASE THIS CHANGE ORDER 23.17 % TOTAL PER CENT INCREASE TO DATE 25.17 % EXTENSION OF CONTRACT TIME Ar.~XF~ED BY THIS CHANGE 112 CALENDAR DAYS FROM RECEIPT OF BUILDING PERMIT FOR THIS OONTRACTADDITION. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 445-4763-572-62.10 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK esd\9318\co3 CHANGE PROPOSAL SUMMARY SHEET PROJECT NAME: DELRAY GOLF CLUBHOUSE E~PAN_SlON) APRIL 2.1996 - STORAGE DINING RM DINING RM TOTAL TOTAL TOTAL DESCRIPTION NOW NOW ONE YEAR GENERAL CONDITIONS 13,8~i 7,827 21,418 TESTING By Owner By Owner By Owner ;DEMOLi~'i~I--- - NA 2,903 2,903 CONCRETE STRUCTURE 20,292 22,959 22,959 ALUMINUM ACCESS LADDER 2,31__2 N_A- NA RAILINGS/BOLLARDS 4,552 NA NA RELOCATE EXISTING RAILINGS 456 NA NA WOOD TRUSSES 1,516 6,762_ 6,762 ROUGH/EXTERIOR CARPENTRY 15,721 20,087 20,087 ~INISH/INTERIOR CARPENTRY NA 11,7.~4 11,754 SHELVES 996 NA NA WINDOWS AND GLAZING NA 3,300 3,300 _D_OOB_ AN_D_H__W_ _L_A~B?~' 826 242 242 DRYWALL AND FRAMING 2,583 4,13__0 4,130 LOU~/iS~§ ........... N~ 484 4~ SUB-TOTAL G C LABOR & MAT.! 69,220 86,673 100,264 G.C. oVERHEAD @" 5%: ':iii:i~: :.: 3,461 ~,[~§~ 5,0J~ G C PROFT: @ i0%' ~;;. 'i~ 6,922 8,667 10,0.~ EARTHWORK 2,051_ 4,16_1_ 4,1__6] LANDSCAPING & IRR. ALLOWANC 1,500 2,00_0 3,000_ RELOCATE GAS TANK ~By~Owner/Gas Co. NA NA MASOhlRY ~- 6,944 3,541 3,541_ ROOFING 6,235 34,173_ 34,173 STUCCO 3,281 1,355 1,355 ACOUSTICAL CEILINGS 599 3,508 3,508 C_ A R p E_T. v_ I_N__YL__TILE& B_A SE 96~ 1:27_5 1,2_7_5 PAINTING 3,133 6,87_0 7,870 WALLCOVERING INSTALLATION 0 1,00_0_ 1,00__0 FIRE PROTECTION 2,107 8,123 8_,]_2_3 HVAC 2,100 31,395 31,3_9_5 ELECTRICAL 14,489 26,625 26,625 SOUND SYS-Good Life Sound ~, 1,18~-~ 1,18~ SUB-TOTAL SUBCONTRACTORS 43,400 125._21_2- 1_2_7,2_1_2_ G.C. OH&P ON SUBS e 5% ':. 2,170 6,261 6,361 SUB-TOTAL suBCoNT, WORK [i'~;~ '.i 45,570 131,473 133,573 TOTAL COST OF WORK.:: :.';:: ' 125,173 231,14~ 248,876 GENERAL LIABILITY ,..:..:i..:. '::::. ~ 313 5~ 622 BUILDERS RISK :: :: :.; :i 354 6~.~ 70~ BOND ' : ': ' '~ 2,554 4,000 4,206 TOTAL CHANGE PROPOSAL (~ 128,395 236,377 1 254,406 8°/o- 12 MONTH CONTINGENCY 20,353 BID AMOUNT DINING ROOM IN ONE YEAR 274,759 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t?/~/l SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 4, 1996 APPOINTMENT TO THE CODE ENFORCEMENT BOARD DATE: MAY 30, 1996 Athalone Brailford has suk~itted her letter of resignation from the Code Enforcement Board, creating a vacancy to fill an unexpired term ending January 14, 1998. Mrs. Brailford served as a regular member (layperson filling the architect position). All board members must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The City Code states that, whenever possible, the membership shall include an architect who should be registered or should possess actual experience deemed by the Commission to be equivalent to registration. While it is desirable to have such representation, it is not mandatory. Laypeople may be appointed as deemed appropriate by the City Commission. No architects have applied for this position. Applications are on file from the following: Martin Bellsey Barbara Holden (currently serving as alternate member on Code Enforcement Board) Sidney Soloway Chris Stray (currently serving as alternate member on Code Enforcement Board) Anthony Veltri Stanley Watsky Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Ellingsworth (Seat %3). Recommend appointment of a regular member (architect position) to fill an unexpired term ending January 14, 1998. ref: agmemo4 345 N.W. 3rd Avenue Delray Beach, Florida May 13, 1996 City of Delray Beach Code Enforcement Board 100 N.W. 1st Avenue Delray Beach, Florida To Whom It May Concern: Serving as a member of the Code Enforcement Board has been a signal pleasure and learning experience for me. My knowledge of the codes of the city was greatly enhanced. Due to current circumstances in my life (my daughter's six week old beautiful baby boy) I am submitting my resignation at this time. She is aggressively seeking a job and I will have to be the baby sitter until he is old enough to fit into a day-care program. If I can be of service when I am free again, I would be delighted to accept. Respectfully yours, Athalone H. Brailford MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 4, 1996 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: MAY 30, 1996 The term for Marc deBaptiste will expire on July 9, 1996. Mr. deBaptiste was appointed to the CRA in June, 1992, and has served one full term. He is eligible and would like to be considered for reappointment. The attendance record is attached. Per statute, any person may be appointed if he or she resides or is engaged in business (which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged) within the City. A person cannot hold any other public office other than the CRA commissionership. The term is for four (4) years, eDd!ng July 9, 2000. The following individuals have sut~nitted applications: Patricia L. Archer Marc deBaptiste (incumbent) Marshall J. Duane Michael S. Eisenrod Richard Kelley Richard Kheel Mark Krall Harriet Lerman Jon Levinson Alberta P. McCarthy Frank E. McKinney Michael Manning Michael G. Park (currently on Board of Adjustment) Willie Potts, Jr. (currently on Pompey Park ~visory Committee) Alexander A. Simon Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member to the Community Redevelopment Agency for a four (4) year term ending July 9, 2000. ref: agmemo6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF JUNE 4, 1996 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: MAY 30, 1996 The term for Kevin McCarty will expire on July 14, 1996. Mr. McCarty was originally appointed on September 14, 1993, to fill an unexpired term. He is eligible and would like to be considered for reappointment. The atteDd~nce record is attached. To qualify for appointment, a person cannot be an officer or employee of the City for which the authority is created. In addition, at least one commissioner must be a resident-member. There is a resident-member currently serving on the Housing Authority. The term is for four (4) years, ending July 14, 2000. The following individuals have submitted applications: Donald Allgrove Clifford H. Durden, Jr. Leroy Harrison Fannie Hunt Robert Hutzler Kevin McCarty (incumbent) Jay Slavin Kelly P. Whalen Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Per Florida Statutes, members are appointed by the Mayor and ratified by the Commission. By prior consensus, however, each Commissioner, on an informal basis and according to the rotation schedule, makes a recommendation to the Mayor as to Housing Authority appointees. For this appointment, the recommendation will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member to the Delray Beach Housing Authority for a four (4) year term eDxiing July 14, 2000. ref: agmemo5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 4~ 1996 APPOINTMENTS TO THE DfTWNTOWN DEVELOPMENT AUTHORITY DATE: MAY 30, 1996 The terms for Anne Bright and Michael Listick will expire on July 1, 1996. Mrs. Bright is not eligible for reappointment since she has served two full regular terms. Mr. Listick was appointed to fill an unexpired term in April, 1991, and was appointed to his first full term in July, 1993. He is eligible and would like to be considered for reappointment. The attend__~_nce record is attached. The term is for three years, ending July 1, 1999. To qualify for appointment, a prospective member must reside in or have their principal place of business in the City, and cannot be serving as a City officer or employee. At least three members shall be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or qualified lessee. This requirement is now met with Mr. Listick, Mr. Onnen and Mrs. Wenzel. The following individuals have suhnitted applications: Edward Aptaker Patricia L. Archer Jon Levinson Michael Listick (incumbent) Alberta McCarthy Franklin D. Wheat Pursu_~nt to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation schedule, the appointments will be made by Commissioner Kiselewski (Seat #1) and Commissioner Egan (Seat #2). Recommend appointment of two members to the Downtown Develolm~ent Authority to three year terms ending July 1, 1999. ref: agmemo6 M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSION FROM: DAVID T. HARDEN, CITY MANAGER'S/1 SUBJECT: VACANCIES ON THE CIVIL SERVICE BOARD DATE: MAY 30, 1996 The terms for Bill O'Neill, Wilbur Chaney, regular members, and Harvey L. Brown, Jr., alternate member, will expire on July 1, 1996. Mr. O'Neill was appointed on May 21, 1996 to complete an unexpired term. He is eligible for reappointment and would like to be considered. Mr. Chaney is not eligible for reappointment since he has served two (2) successive terms of office. He was originally appointed to serve on June 22, 1992 to a term ending July 1, 1994. He was subsequently reappointed on June 21, 1994 to serve a term ending July 1, 1996. Mr. Brown, an alternate, is not interested in being considered for reappointment due to business constraints. The term for all members is for two (2) years, ending July 1, 1998. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capaci- ty, official or otherwise and appointed by the City Commission. Two (2) regular members are elected by eligible City employees. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following persons have submitted applications for consideration: Donald Allgrove Sally Antonelli Martin Frost Melvin Hirth Murray Kalish Arthur King - (currently serving on the Board of Construction Appeals) Leo Koppman Bill O'Neill - (incumbent, regular member) Morris Weintraub H. Ric Zazzi Pursuant to Commission direction, a check for possible code violations and municipal liens was conducted. None were found. Based upon the rotation system, the appointment of the two (2) regular members will be made by Commissioner Egan (Seat #2), and Commissioner Ellingsworth (Seat #3). The alternate member will be appointed by Commissioner Randolph (Seat #4). Recommend appointments of two (2) regular members and one (1) alternate member to the Civil Service Board with all terms ending July 1, 1998. CITY OF DELRAY BEACH~ FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 4~ 1996 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 9.N. TO THE REGULAR AGENDA~ AS FOLLOWS: SETIT~MENT/MITCHELL v. CITY, V. COOK v. CITY AND J. COOK v. CITY: Consider settlement in the referenced matter as recommended by the City Attorney. 06/03/96 MON 15:39 FAX 407 278 4755 DEL BCH CTY ATTY -,-,-~ CITY HALL ~002 CITY I)F I)ELAIlY BEACH CiTY ATTORNEY'S OFFICE ~^~,.,~~°° ~ DELRAY BEACH ~ ~MO~D~ 1993 TO: Ci~ Co~io~ The following memorandum from Lucille Turner, Esq., outlines the terms of the settlement in the above three cases. Our office recommends that the settlements be approved by the City Commission. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be added to the June 4, 1996 City Commission agenda. cc: David Harden, City Manager Frank Babin, Risk Manager Richard Overman, Police Chief cookg. ~r (~ Printecl o/~ Racycle~ Paper 06/03/96 MON 15:40 FAX 407 278 475~ DEL BCtt CTY ATTY -,-~-, CITY HALL [~003 re~t.~f-I~UN&RDKIN5 TO: 4~7 ~ 4T55 JUN 3, 199E~ CARSON & ADK1N$ L~w~Rs 2873 REMINCFt'ON GReEH CIRCLE, ~Uff~ 101 T~EE, F~RI~ 32308 lune 3, 1996 Ifta FAX; Original via U.,g, Mail Su~an Ruby, Ci~ Ano~ City of Dolray 200 N.W. Fir~ Argue Delrny B~ ~ ~3444 Re: 3nm~ Cook v. Dd~y Bench, V~na Cook v. Ddray Bench, Juliu~ Mitthdl v. Ddray D~r Susan: Thi~ w~ ~ $~t we r~o~end the City Com~s~on approve ~e pr~s~ s,ttlom~nts of~e ~bove-refcreo~ ~ pu~ant ~ ~e t~ ~ out in the ~t~ ~fl~ent ~m~ts that were pm~d~ to you. Jnme~ Conk -- The Ci~ would pay I~es C~k a to~ of $197,5~ to n~tle this roarer. This amount includes ~e ver~ct ~ount of $120,000 ~ ~ ~difion~ $77,5~ for ~s ~d ~. This is n redu~ion nfs 13,039 from the amount of fees ~d damages ~med by Mr. Cook. Vemn Cook -- The City would pay Versa Cook a tot~ of $202,500 to ~:tle this matter. This amount includes the verdict amount of $125,000 and an additional $77.~00 for attorneys fees and costs. This is a reduction of $13,039 from the amount of fees and damages claimed by Ms. Cook. 3uUus Mitchell -- The City would, pay Julius ]vfitchell a total of $193,000 to settle this matter. This amount includes thc verdict amount nfS100.000 and m~ additional $'93.000 for attorneys fees and costs. This is a reduction of $10,161 from the amount of fees and daa~ages claimed by Officer Mitchell, 06/Oa/g6 ~ON 15:28 [TX/RX NO 6889] 06/-03/96 ]/ON 15:41 FAX 407 278 4755 DEL BCH CTY ATI~Y -,-*-+ CITY HALL Susan Ruby. Esquire ~lune 3, 1996 Page 2 The total immediate savings realizM u a result of those settlcmeats is $36,239. The settlements also eliminate the risk ofaddifiorml claims for fees ~om these plaintiff's, which would be exp,-ted to arise ifth~ City w~re to continue to litigate thc matter; In addition, the settlements are advantageous to thc City because these plaintiffs are relcasinB ali claims for injunctive relief which they might bo entitled to if they were to uhtmately prevail h~ this litigation. The City does not admit liability in ~ing the cas~. All parties r~$nize that ~.3Js n~ion is taken in order to avoid the costs and uncertainties offi~rthcr litigation. We believe that it would bc in the best interest of'.he City to accept thee settlement agreements, and we recommend approval of them. We understand that you will bring these proposed settlements to the attention of the City Commission in order ~o obtain their approval. Pieasc contact us if we c~n be of further assistance in this mattcr, Sincerely, CARSON & ADKINS P.S. We are continuing to discuss the possibility ofset0ement with the remaining plaintiffs (Michael Lucas. Ivery Williams, and R,I, Ritfeid). We will k~ep you and the Commission apprised of the status of these negotiations, 08/03/05 RON 15:28 [TX/RX NO 68891 Writer's Direct Line: (407) 243-7090 DEI. RAY BEACH Ali,America City MEMORANDUM _. DATE: May 29, 1996 1991 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Newsrack Ordinance Revisions As an update on the discussions with the newspaper publishers and distributors, myself, Lula Butler, and Diane Dominguez met with several publishers and distributors on May 22, 1996. Some additional modifications to the current ordinance were suggested. Due to time constraints, and ongoing revisions, a final ordinance could not be prepared by the June 4, 1996 meeting. As all parties are meeting in good faith, it is my suggestion to continue the second reading of Ordinance 13-96 until July 23,1996. This will give the City Attorney's Office ample time to prepare another ordinance containing all of the provisions which the parties have discussed. If this meets with your approval, a motion should be made to continue second reading of Ordinance 13-96 until July 2 3,1996. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Lula Butler, Director of Community Improvement Diane Dominguez, Director of Planning & Zoning Newspaper Publishers and Distributors news-3.dm MEMORANDUM TO: MAYOR AND CITY C(~IqISSIONERS ~'IRb"~ R~Im mR ORDIlq~ m. 24-96/$~mI~ ~d,~IFICA~IClq$ mR HISTORIC P~~TI~ ~ ~HIP ~Y 31, 1996 This is first reading for Ordinance No. 24-96 which amends LDR Section 2.2.6 (B) (2) by enacting special qualifications for Historic Preservation Board membership pursuant to Florida Certified Local Government Guidelines (S) (2) (a). The City of Delray Beach became a Certified Local Government (CLG) under State Historic Preservation guidelines on November 22, 1988. To maintain certification, a local government must meet certain prescribed criteria as set forth by the Florida Bureau of Historic Preservation. Our CLG agreement with the Bureau of Historic Preservation states, "that the City shall establish an adequate aD~ qualified historic preservation review board composed of professional members as per Florida Certified Local Government Guidelines (B) (2)(a). Our current qualifications are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for appointment. Hence, the proposed text amendment is necessary to bring our regulations into conformance with state guidelines. The Historic Preservation Board approved the text amendment on May 1, 1996. The Planning and Zoning Board considered this item on May 20, 1996, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 24-96 on first reading. If passed, second reading and public hearing will be held on June 18, 1996. ref: agmemol 1 ORDINANCE NO. 24-96 AN ORDINANCE OF THE CITY ~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", OF THE LAND DEVELOPMENT BEGUIATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION 2.2.6(B) (2) IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION 2.2.6(B) (2) TO PROVIDE FOR LANGUAGE INCORPORATING THE FLORIDA CERTIFIED LOCAL ~ GUIDELINES CfkNCERNING SPECIAL QUALIFICATI(I~ FOR HISTORIC PRESERVATION BOARD MEMBERSHIP; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of May 20, 1996, and voted unan/mously to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zon/ng Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY (IIMMISSION OF THE CITY OF D~.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Article 2.2, #Est_~blishment Of Boards Having Responsibilities For Land Develo~ent Regulations", Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(B)(2), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Subsection 2.2.6(B)(2) is hereby enacted to read as follows: (2) To the extent that such persons apply, the City Commission shall appoint professional members frcm the disciplines of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, plaran/ng, archaeology, or other historic preservation related disciplines such as design, urban planning, American stua~es, American civilization or cultural geography. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance/of the Board. Preference should be given to professional and lay persons who own property withLn historic districts or whose property is individually listed in the Local Register of Historic Places. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR AT2EST: City Clerk First Reading Second Reading - 2 - Ord. No. 24-96 THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JUNE 4, 1996 The action requested of the City Commission is approval of an amendment to the Land Development Regulations (LDRs): Special Qualifications for Historic Preservation Board Membership. LDR reference: Section 2.2.6(B)(2). Section 2.2.6(B)(2) of the LDRs was adopted on March 10, 1987 before the City became a Certified Local Government (CLG) on November 22, 1988. The CLG agreement between the City and the Florida Bureau of Historic preservation requires "that the City shall establish an adequate and qualified historic preservation review board composed of professional members as per Florida Certified Local Government guidelines." The current qualifications (Section 2.2.6(B)(2)) for appointment are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for the appointment. The Historic Preservation Board approved the proposed text amendment at its meeting of May 1, 1996. City Commission Documentation LDR Amendment Re: HPB Membership Qualification Page 2 The Planning and Zoning Board considered this item at its meeting of May 20, 1996 and voted unanimously to recommend approval of the text amendment as follows. Pro_Dosed Text Amendment The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with language that incorporates the Florida Certified Local Government Guidelines (B)(2)(a). To the extent that such persons apply, the City Commission shall appoint professional members from the disciplines of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related disciplines such as design, urban planning, American studies, American civilization or cultural geography. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Additional background and analysis is contained in the attached Planning and Zoning Board staff report. [] By motion, approve the text amendment to LDR Section 2.2.6(B)(2). Attachments: P&Z Staff Report of ~[ay 20, 1996. file/cayce/Idrtext4 MEETING OF: May 20, 1996 AGENDA ITEM: V-C Amendment to the Land Development Regulations: Special Qualifications for Historic Preservation Board Membership. LDR Reference: Section 2.2.6(B)(2). ii~[~ '~::::~i:~::: :~:~ ~:~ ~: ~: ~:~:! ~: :i:~: :~:i: ~:~:~:::: ~:~:~:~:~:~:i~ ~:i:! ~:!:!:!:i:i:i:i:i:~: :~'"'"" ""' ~ '"' :?' ::~:'"'"": ............... ::'"":?'"'" ::'~'' "?"'"":?:""': F~'"'":::'"":'!: i"": !:'"'" :': ~'""' ::ii !:~ ;: !:;:i:i i:i:;:~:i:i:~;~i ~i:i :iii i:i i i i i; .~.~:;:~:;:;:~:i:i:i~i~;i;:?;; !~:~ii i:~: i: i: ~:;:i: ;:;:i:~:i:i: i:i~i~i~ i:! ! The item before the board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs). In 1980 Congress amended the National Historic Preservation Act to provide for a process of certifying local governments to participate in the federal historic preservation program. This amendment extended the federal/state partnership to include qualified local governments, enabling them to participate more directly in the federal preservation program, becoming essentially a third member of the partnership, and offering them a better opportunity to direct preservation efforts at the local level. According to the regulations, each State Historic Preservation Office is responsible for preparing state guidelines for certifying local governments. The City of Delray Beach became a Certified Local Government (CLG) on November 22, 1988. In order to maintain certification a local government must meet certain prescribed criteria as set forth by the Florida Bureau of Historic Preservation. One of the criteria cited by the Bureau's guidelines is to establish and maintain a qualified historic preservation board. The guidelines define qualifications for membership as follows: To the extent available in the community, the local government shall appoint professional members from the disciplines of architecture, history, architectural history, planning, archaeology, or other historic preservation related disciplines such as urban planning, American studies, American P&Z Board Memorandum Staff Report LDR Text Amendment Re: Qualification for HPB Members Page 2 civilization, cultural geography or cultural anthropology. Lay persons who have demonstrated a special interest experience or knowledge in history, architecture or related disciplines shall make up the balance of Board membership, in the event that there are not enough professionals in the community. Florida Certified Local Government Guidelines (B)(2)(a). The qualification guidelines for appointment to the City's Historic Preservation board were adopted on March 10, 1987, before the City became a CLG. The guidelines are defined in section 2.2.6(B)(2) of the LDRs as follows: It is intended that members of the Board will be persons of knowledge, experience, judgment, and background, and have personal or professional interest or experience in historic restoration and preservation. And that they will have the ability and desire to act in the public interest and represent, insofar as possible, the various special personal and professional interest required to make informed and equitable decisions concerning the preservation, conservation, and protection of historic districts and structures. The current qualifications for appointment are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines; nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for the appointment. The CLG agreement between the City and the Florida Bureau of Historic Preservation states in paragraph 3.2. "that the City shall establish an adequate and qualified historic preservation review board composed of professional members as per Florida Certified Local Government guidelines (B)(2)(a)." As the HPB now serves as a representative of a CLG, the qualifications required for appointment should be updated to reflect the State's guidelines for qualification. The HPB approved the text of the proposed amendment at its meeting of May 1, 1996 as follows: P&Z Board Memorandum Staff Report LDR Text Amendment Re: Qualification for HPB Members Page 3 Proposed Text Amendment The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with language that incorporates the Florida Certified Local Government Guidelines (B)(2)(a). To the extent that such persons apply, the City Commission shall appoint professional members from the disciplines of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related disciplines such as design, urban planning, American studies, American civilization or cultural geography. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed on the Local Register of Historic Places. Recommend approval of the proposed amendment to LDR Section 2.2.6(B)(2) based upon a finding that the proposed modification is consistent with the State of Florida Certified Local Government Guidelines. Report prepared by · Patricia Cayce file/LDRtext3